Since its founding in 1969, the Brighton Center of San Antonio has served as a beacon of hope and support for families navigating the complex journey of raising children with disabilities and developmental delays. We intend to continue this vital work. Our primary goal is to empower parents to advocate for their children. We do this by providing information to caregivers and encouraging them to use it most effectively for their families. With this commitment in mind, we want to provide you with information about a current court case that could impact Section 504 of the Rehabilitation Act of 1973.
Of course, our exceptional Special Education Support Services (SESS) team is always available to consult with families and help them find the support and services their children need.
Changing How America Treated Individuals with Disabilities
In the 1960s, disability rights activists, many of whom were Vietnam War veterans, drew inspiration from civil rights campaigns and began pushing for legal protections against discrimination. They argued that disability rights were civil rights and that access to education, employment, and public spaces was a matter of fundamental equality.
Congressman Charles Vanick of Ohio and Senator Hubert Humphrey of Minnesota were key legislative figures who advocated Section 504’s inclusion in the Rehabilitation Act of 1973. For Sen. Humphrey, it was personal. His granddaughter had Down syndrome. Legal experts and disability rights advocates deliberately modeled the protections after Title VI of the Civil Rights Act, which prohibited discrimination based on race, color, and national origin in programs receiving federal funding. This strategic decision helped establish disability rights as civil rights in federal law.
Advocates to the Rescue
However, after the law’s passage in 1973, implementation stalled under the Ford and early Carter administrations, leading to a groundswell of grassroots activism. The coalition that fought for Section 504 was notably diverse, including veterans, parents of children with disabilities, disability rights activists, and allies from other civil rights movements.
Judith Heumann, a disability rights leader who would later serve in multiple presidential administrations, emerged as a prominent figure during this period. She helped organize the historic 504 Sit-ins of 1977, including the most notable one held at the San Francisco Health, Education, and Welfare (HEW) building.
On April 5, 1977, more than 100 disability rights activists entered the HEW building and began a 28-day occupation – the most prolonged peaceful occupation of a federal building in U.S. history. The community support the people received during the sit-in made this event even more remarkable. Many of the protestors had significant disabilities. Local organizations donated meals and medical supplies. Medical professionals volunteered to check on protesters with complex medical needs. Deaf participants taught other protesters sign language to facilitate communication. Inside the building, they organized into committees handling different aspects of the occupation, such as food distribution, media relations, and negotiations.
The sit-in gained significant media attention and public support. Representatives from the Carter administration attempted to negotiate a compromise, but the people held firm on their demands for comprehensive regulations. On April 28, 1977, Secretary Califano signed the regulations detailing how the law would be implemented.
Essential Elements of Section 504
Section 504 states that “no qualified individual with a disability shall be excluded from, denied the benefits of, or be subjected to discrimination under any program or activity that receives federal funding.” This protection extends to three categories of individuals:
- Those with a physical or mental impairment that substantially limits one or more major life activities
- Those with a record of such impairment
- Those regarded as having such impairment
Key Implementation Requirements
In Educational Settings:
- Schools must identify and evaluate students who may need special education or related services
- Provide Free Appropriate Public Education (FAPE) to qualified students
- Develop and implement a written 504 plan detailing specific accommodations
- Ensure equal opportunity to participate in academic and non-academic activities
- Provide education in the least restrictive environment alongside non-disabled peers
- Establish procedural safeguards, including notice, review, and appeal processes
In Employment:
- Prohibit discrimination in hiring, promotion, and termination decisions
- Provide reasonable accommodations unless they create undue hardship
- Ensure equal access to benefits and privileges of employment
- Maintain confidentiality of medical information
- Establish grievance procedures for discrimination complaints
Physical Accessibility:
- Ensure program accessibility through facility modifications
- Provide auxiliary aids and services when necessary
- Remove architectural and communication barriers where possible
- Make new construction and alterations comply with accessibility standards
Real-World Examples of Section 504 Implementation
In Education:
- Schools now provide assistive technology like screen readers, specialized software, and adapted keyboards to help students access educational materials. For example, a student with dyslexia might receive text-to-speech software to help them process written content more effectively.
- Physical modifications to school buildings, including ramps, elevators, and accessible restrooms, ensure students can navigate campus independently.
- Testing accommodations such as extended time, quiet testing spaces, or having questions read aloud allow students to demonstrate their knowledge in ways that work for them. For instance, a student with ADHD might receive extra time and breaks during exams.
In the Workplace:
- Employers must provide reasonable accommodations like flexible schedules, modified equipment, or work-from-home options.
- Workplace modifications such as ergonomic furniture, accessible restrooms, and reserved parking spaces make offices more navigable.
- Communication accommodations, including sign language interpreters, captioning services, or written materials in alternative formats, ensure effective workplace communication.
Public Accessibility:
- Public buildings have been modified with automatic doors, accessible entrances, and clear pathways. Someone using a mobility device can now enter and navigate buildings independently.
- Transportation services must provide accessible options, including lift-equipped buses and paratransit services.
- Communication accessibility has improved through services like TTY phones, captioning on public televisions, and websites designed to work with screen readers. A person with visual impairments can now access online government services independently.
Simply put, Section 504 has transformed daily life for people with disabilities by removing barriers and creating more inclusive environments. The law continues to evolve as new technologies and understanding of accessibility needs emerge.
Texas v Becerra
In September 2024, Texas and 16 other states filed a lawsuit in the Northern District of Texas. Here are the key elements of the case:
Main Challenges:
- The lawsuit attacks the new Section 504 rule released by Health and Human Services in May 2024
- Questions the constitutionality of Section 504 itself
- Specifically challenges integration provisions and their scope
- Claims the entire rule is “arbitrary and capricious” and interferes with states’ discretion to provide disability services
Core Arguments:
- States are concerned about compliance costs for providing equal access and accommodations
- Challenges integration provisions requiring services in the most integrated settings
- Objects to a reference about gender dysphoria in the rule’s preamble
- Claims Section 504 improperly directs the use of federal funding
Current Status (as of February 2025):
- The case is currently paused while parties confer about the status of the rule
- Disability organizations nationwide have indicated willingness to join the case or submit amicus briefs
Potential Implications:
- If successful, could invalidate the entire Section 504 rule
- Could potentially declare Section 504 unconstitutional
- Might affect other anti-discrimination statutes based on race and sex
- Could impact the Americans with Disabilities Act due to linked enforcement provisions
- Would affect multiple sectors, including healthcare, education, and public services
Stay Informed
Nothing has changed for now. Section 504 is the current law. Schools, workplaces, and public facilities must maintain the status quo. Brighton Center encourages families to research what is happening, sign up to receive newsletters from disability advocacy groups, follow news stories as the case unfolds, and encourage your community and family network to stay informed.
Additional Resources
The following are links to additional information resources.
White House:
State Docket:
- Texas v Becerra Docket View/download the original complaint.
Community Learning:
- Disability Rights Education and Defense Fund Disability Community Briefing
- Texas v Becerra FAQs
- Alliance Defending Freedom Public Comment: ‘Gender Dysphoria’ is Not a Covered Disability
- Disability History: The 1977 504 Sit-in
Media Stories:
- A Lawsuit Threatens the Disability Protections I’ve Known My Whole Life
- Lawsuit Threatens Disability Protections, Advocates Say
- Parents, Disability Advocates Worry Lawsuit Could Dismantle Section 504 Protections
- KSAT News Report with AG Paxton Response
Brighton is Here
Brighton Center remains committed to ensuring that children with special needs have the opportunity to reach their full potential while providing their families with the guidance and support they need. We welcome your questions and value your trust. Click here to learn more about any of our services.
Brighton’s Special Education Support Services team helps parents of children ages 3 – 8 understand and access special education and support services for their child within the public school system. If you want to learn more about Brighton’s special education services, fill out this form to schedule a free consultation today.
