Increasing the dialogue among stakeholders in New Jersey’s special education system

A high-stakes lawsuit, Texas v. Becerra, now making its way through the courts, could dismantle Section 504 of the Rehabilitation Act prohibits discrimination against individuals with disabilities by entities that receive federal funding. The law requires schools, hospitals, and other federally funded institutions to provide equal access and accommodations to disabled individuals. In schools, the regulations require districts to provide appropriate support for students with disabilities, ensure that hospitals have sign language interpreters, mandate captioning for videos, and require accessible medical equipment for wheelchair users.

In February, a coalition of 17 states sued the federal government, arguing that Section 504 is unconstitutional and should be eliminated. They argue that the federal government overstepped its authority in implementing the updated Section 504 rules which was expanded also to protect people with gender dysphoria. Rather than challenging the new provisions, the lawsuit seeks to dismantle Section 504 in its entirety. If successful, this case could strip away fundamental protections, making it easier for discrimination against disabled individuals to go unchallenged.

Disability advocacy organizations are expected to submit amicus briefs—legal arguments from non-parties explaining the broader implications of the case.