Alabama Joins Lawsuit That Could Dismantle Disability Protections
Alabama Attorney General Steve Marshall has joined a controversial lawsuit that could threaten essential protections for students with disabilities. The case, Texas v. Becerra, challenges the constitutionality of Section 504 of the Rehabilitation Act, a federal law that has protected disabled students in schools for over five decades.
The lawsuit, initially filed by Texas, argues that the Biden administration overstepped its authority by expanding 504 protections to include gender dysphoria. However, the legal challenge doesn’t stop there—it goes as far as questioning whether Section 504 was constitutional in the first place, putting accommodations for millions of disabled students in jeopardy.
Critics say Marshall’s involvement in the lawsuit is politically motivated, rather than rooted in concern for Alabama students. With many families depending on 504 plans for their children’s education, the stakes are high.
What Is Section 504, and Why Does It Matter?
Section 504 of the Rehabilitation Act of 1973 (U.S. Department of Education) is a civil rights law that ensures students with disabilities receive appropriate accommodations in public schools. Unlike Individualized Education Programs (IEPs) under the Individuals with Disabilities Education Act (IDEA), 504 plans provide a broader scope of support, covering children with physical, emotional, or cognitive disabilities who may not qualify for an IEP.
Under Section 504, schools must make reasonable accommodations, such as extended test time, wheelchair accessibility, or specialized learning tools. These accommodations help level the playing field for students with disabilities, ensuring they have equal access to education.
Alabama’s Role in the Legal Challenge
Steve Marshall, along with attorneys general from 16 other states, signed onto Texas v. Becerra, arguing that the Biden administration improperly expanded 504 protections to include gender dysphoria. While the lawsuit claims to target this specific issue, its broader argument could result in the complete dismantling of Section 504.
Legal experts warn that if the lawsuit succeeds, it could strip essential protections from disabled students across the country, leaving their education at risk. States like Georgia and South Carolina, which have historically supported conservative legal efforts, chose not to join the lawsuit—raising questions about Alabama’s motives.
The Potential Impact on Alabama Students
If the lawsuit results in Section 504 being overturned, thousands of Alabama students could lose crucial accommodations. According to data from the Alabama State Department of Education (ALSDE), tens of thousands of students currently benefit from 504 plans in public schools. Without these protections, students with conditions such as ADHD, autism, diabetes, and physical disabilities could struggle to receive the support they need.
Parents and disability advocates are expressing outrage over the legal maneuver, warning that it could have devastating consequences.
“My child relies on a 504 plan for accommodations in school,” said Sarah Walker, an Alabama mother of a child with dyslexia. “Without it, he wouldn’t be able to keep up with his classmates. This lawsuit is terrifying for families like ours.”
Marshall’s History of Controversial Lawsuits
This isn’t the first time Steve Marshall has involved Alabama in high-profile legal battles. His office has repeatedly joined lawsuits against the Biden administration, particularly on issues related to education, immigration, and social policies.
In 2023, Marshall joined a lawsuit to block climate change regulations and sued over transgender athletes in sports. His office also took legal action to prevent collective bargaining rights for immigrant workers, a move criticized by labor advocates.
Despite his eagerness to challenge the federal government on these issues, Marshall declined to join lawsuits that might have benefited Alabama residents. When 41 states sued Meta over concerns about Instagram’s impact on children’s mental health, Alabama was notably absent.
What’s Next?
The outcome of Texas v. Becerra could have lasting consequences for students nationwide. If the courts rule that Section 504 is unconstitutional, it could dismantle decades of progress in disability rights.
Education advocates are urging parents to stay informed and voice their concerns to state leaders. Organizations like the National Center for Learning Disabilities (NCLD) and The Arc (The Arc) are actively working to defend disability rights and provide resources for families.
For now, Alabama parents and students are left in uncertainty, hoping that their rights won’t become collateral damage in a legal battle driven more by politics than by the needs of children.
(Source : al.com)
