504 Lawsuit: The Facts And Urgent Action Request
Iowa is one of 17 states suing the federal government, asking the court to rule that Section 504 is not constitutional and should be struck down.
What is 504?
Section 504 is what protects people with disabilities from discrimination and requires accommodation in settings like schools and healthcare.
504 ensures things like:
· Schools must include students with disabilities and help them learn.
· Doctors must give clear information to people with disabilities.
· Doctors and hospitals cannot stop helping someone because they have a disability.
504 Ensures access for people in the areas of:
Schools – Kids with disabilities must get the help they need to learn, like extra time on tests or therapy services.
Healthcare – Hospitals and doctors' offices must be accessible and communicate clearly with patients.
Jobs – Employers receiving federal funds cannot discriminate against workers with disabilities.
Public Places – Buildings and services that get federal money must be accessible.
Tell me what this means
A great article ran this weekend helping us to understand what and who is at risk. Van Sant reminds us: This isn’t about giving disabled students something “extra” — it’s about providing basic access to equal educational opportunities.
Section 504 can cover providing books in Braille or other formats; it can allow for service animals to be in classrooms or stay in dorms; it can allow a student to leave the classroom to take medications; it can allow a student to use noise cancelling headphones in class to stay focused and calm; and it can give a student who uses a wheelchair a desk at the correct height. Often, a 504 plan lays out the medical plan to follow if a student has a seizure, an allergic reaction, or another health-related episode at school — giving teachers, nurses, and administrators a plan to follow in case of medical emergency.
What is Texas vs Becerra?
Texas v Becerra is the lawsuit asking the federal government to remove 504 from the law and deem it unconstitutional.
Texas and 16 other states, including Iowa, have sued the federal government over a law called Section 504 of the Rehabilitation Act.
Section 504 protects people with disabilities from being treated unfairly in schools, healthcare, jobs, and public places.
The lawsuit argues that new rules updating Section 504 should be blocked, and it also questions whether the law is even constitutional.
There are many more details in plain language here.
But I thought Attorney General Brenna Bird said this case was on hold?
There has been NO CHANGE to the lawsuit that is filed, efforts to remove all 504 protections are still moving forward.
Iowa’s Attorney General Brenna Bird has said that she is only suing because she believes the Biden Administration said it considers “gender dysphoria” a disability. Her office has said that they are not trying to get rid of Section 504. However, that is exactly what the lawsuit demands.
The lawsuit asks the court to get rid of Section 504 - not just the parts of which our Attorney General disagrees. If the states win, this will eliminate nearly all support and protection for people with disabilities; this includes requirements for states to meet the needs of students with special needs helped by 504 plans.
What Can I Do?
Ask Attorney General Bird to WITHDRAW Iowa from the lawsuit.
2. Call Attorney General Bird’s office 515-281-5164
3. Share your story and this information on social media with #Protect504 #Save504.
4. Ask your State Legislators and the Governor to stop this lawsuit (contact information below):
5. Tell friends, families, educators, and others to do the same!
You can find your specific state lawmakers based on your address here, remember lawmakers want to hear from their specific constituents so it is important to find out which legislators represent YOU. We've included a list below of those in Scott County for your reference.
· Senate phone Number: (515) 281-3371
· Senator Mike Zimmer, mike.zimmer@legis.iowa.gov
· Senator Kerry Gruenhagen, kerry.gruenhagen@legis.iowa.gov
· Senator Scott Webster, scott.webster@legis.iowa.gov
· Senator Cindy Winckler, cindy.winckler@legis.iowa.gov
· House Phone Number (515) 281-3221
· Representative Danial Gosa, daniel.gosa@legis.iowa.gov
· Representative Monica Kurth, monica.kurth@legis.iowa.gov
· Representative Ken Croken, ken.croken@legis.iowa.gov
· Representative Mike Vondran, mike.vondran@legis.iowa.gov
Medicaid is Still at Risk
Finally, please remember that the future of Medicaid funding is still uncertain. US House Republicans are asking for big budget cuts that could change how much money Iowa has to serve Iowans with disabilities who rely on Medicaid support to work, live, thrive, and literally survive. Experts warn that cuts to Medicaid are likely. According to Disability Scoop, Medicaid is the main program providing comprehensive health and long-term care to 1 in 5 Americans.
The Congressional Budget Office has said that some of the Medicaid changes that Congress is looking at would cut funding for Medicaid by $500-$800 billion over nine years. These cuts also threaten other programs, including food assistance and help with utilities. You can read more about it here.
You can take action on this issue too!
Email your US Senators and US Representative and ask them to reject cuts to Medicaid program. Tell them what your life would be like without Medicaid funded services! Click here to email them.