For parents of children with disabilities—including ADHD, autism, anxiety, and chronic health conditions—Section 504 Plans are a lifeline. These federally protected accommodations ensure that students receive the support they need to access education on an equal playing field.
Right now, 504 Plans are under threat due to a lawsuit that could do away with the legal protections that 504 accommodations provide, leaving many without the tools they need to succeed in school.
Why This Matters
Section 504 of the Rehabilitation Act of 1973 ensures that students with disabilities receive reasonable accommodations that allow them to access education fairly.
- Students with ADHD may receive extra time on tests, movement breaks, or support with executive function skills.
- Students with anxiety may require access to a quiet testing space or flexible attendance policies.
- Students with diabetes rely on 504 Plans to ensure life-saving medical accommodations.
Without these protections, many students will fall through the cracks.
As both a mother of children with ADHD and a professional specializing in ADHD coaching, education, and advocacy, I have seen firsthand how critical Section 504 protections are for individuals with disabilities.
504 Plans are not just a formality—they are a civil rights protection that ensures equal access to education and opportunities. Rolling back these protections would increase disparities and create greater long-term economic and social costs as individuals with disabilities face unnecessary barriers to success.
What’s Happening?
In Texas v. Becerra, several states—including Utah—are suing the U.S. Department of Health & Human Services (HHS) over a rule clarifying that gender dysphoria qualifies as a disability under Section 504.
Regardless of where you stand on the gender dysphoria debate, the lawsuit raises a serious concern:
- The lawsuit does not only challenge gender dysphoria accommodations—it is challenging the entire Section 504. Doing away with the protections under Section 504 could strip protections for all students with disabilities, leaving it up to the states to decide who is qualified for accommodations.
- This could set a dangerous precedent, making it harder for students with ADHD, anxiety, and chronic health conditions to receive the reasonable accommodations they need.
States Involved in the Lawsuit
The lawsuit (Texas v. Becerra) is being led by Texas and includes the following states:
Alabama
Alaska
Arkansas
Idaho
Iowa
Kansas
Kentucky
Missouri
Nebraska
Oklahoma
South Carolina
Tennessee
Utah
Virginia
West Virginia
If you live in one of these states, your attorney general is directly involved in this case. Parents in all states should stay informed, as this ruling could have national consequences for students with disabilities.
How You Can Help
- Contact the Utah Attorney General (or your state’s AG if your state is involved). Let them know that 504 Plans are already difficult to obtain—weakening them will harm students who need them most. Ask them to protect the rights of students with disabilities rather than dismantling the system.
- Stay informed. Visit https://dredf.org/protect-504/ for updates on the lawsuit, advocacy efforts, and ways to get involved.
- Spread the word. Share this with parents, educators, and community leaders. The more people who speak up, the greater the chance of protecting these essential rights. I didn’t speak up sooner because I thought everyone knew. Your voice is needed to reach everyone.
Model Letter to the Utah Attorney General
If you are unsure what to say, here is a sample letter you can adapt when writing to your state’s attorney general. My letter includes both personal and professional perspectives, but I hope it makes writing your letter less daunting.
[Your Name]
[Your Address]
[City, State, ZIP]
[Your Email]
[Your Phone Number]
[Date]
Attorney General [Name]
[Attorney General’s Office Address]
[City, State, ZIP]
Subject: Protecting Section 504 Rights for Individuals with Disabilities
Dear Attorney General [Name],
I am writing to express my deep concern about Utah’s participation in the lawsuit challenging Section 504 of the Rehabilitation Act of 1973. As both a mother of children with ADHD, a past public school educator and a professional who specializes in ADHD coaching, education, and advocacy, I have seen firsthand how critical Section 504 protections are for individuals with disabilities.
Section 504 is not just a regulation—it is a lifeline that ensures children and adults with disabilities receive the accommodations they need to succeed in school, the workplace, and public life. It levels the playing field, granting students access to learning environments that recognize their unique needs and talents. Without these protections, many children—especially those with invisible disabilities like ADHD—would be left without essential supports, risking their educational and personal success.
In my work, I support families who struggle to navigate the education system to secure the accommodations their children need. I also see how 504 Plans empower students to develop confidence, independence, and the skills necessary to thrive in adulthood. Rolling back these protections would not only increase educational disparities but also create greater long-term economic and social costs as individuals with disabilities face unnecessary barriers to success.
As a citizen of Utah, I urge you to reconsider the state’s involvement in this lawsuit. Instead of challenging laws that uphold civil rights and inclusion, we should be working toward expanding support for individuals with disabilities. Ensuring equal access to education and opportunities benefits not just individuals with disabilities, but our entire community.
I would appreciate the opportunity to discuss this issue further and hope you will consider the perspectives of families, educators, and professionals who work with those impacted by this potential legal change.
Sincerely,
[Your Name]
[Your Address or City, State]
[Your Email]
[Your Professional Title, if applicable]
Our Kids Deserve Better
Children with disabilities already face significant challenges. They should not have to fight for the basic supports that allow them to learn and thrive. We must stand together to protect their rights and ensure that schools remain places where every child has a fair chance to succeed.
Take action today.
For updates and advocacy efforts, visit https://dredf.org/protect-504/