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Post by Merge on Feb 11, 2025 15:26:17 GMT
Apparently, 17 states - including my own - have filed a lawsuit against the feds asserting that Sec. 504 is unconstitutional. The bulk of the lawsuit appears to be about opposing the inclusion of protections for trans individuals, which is bad enough, but Count 3 of the lawsuit seems to say that the entirety of Sec. 504 is unconstitutional and should be abolished. Am I reading this correctly? www.texasattorneygeneral.gov/sites/default/files/images/press/HHS%20Rehabilitation%20Act%20Complaint%20Filestamped.pdfFor those who aren't aware, Sec. 504 of the Rehabilitation Act (passed in 1973 under Nixon) conditions receipt of federal funding on certain protections for people with disabilities. Among other things, "504 plans" in schools provide accommodations for students with special needs like ADHD, autism, speech delays/disorders, and other diagnoses. If your child in public school receives accommodations or services for a diagnosed disability, Sec. 504 protects their right to receive those services. As I am not a lawyer, I'd love to hear from those of you who are attorneys or have specialized legal knowledge about exactly what this suit is trying to do. Thanks! |
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Post by epeanymous on Feb 11, 2025 15:42:55 GMT
This is not my area. The complaint is 42 pages and most of it (1) is states whining about trans students and making claims related to barely accommodating the vanishingly small number of trans students based on complaints under the APA (a statute), and then (2) they have essentially tacked on a one-page bare-bones argument that entire statute is unconstitutional based on the spending clause.
So from reading it it seems like this is part of the general MAGA assault on and attempt to exterminate trans people, but while they were at it, they decided to go after all disabled folks. Kind of a Nazi two-fer.
Sorry. I literally cannot believe how many resources are being poured into harming trans folks.
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Post by lanena on Feb 11, 2025 16:25:55 GMT
Not a lawyer, sorry, but I am a retired teacher who had to make sure that both IEP and 504 plans were being followed for my students. Count 3 does seem to declare that Sec. 504 is unconstitutional, not just provisions for trans people.
If I were a parent of a child who needed a 504 plan, even temporarily, I would be showing up to school board meetings, calling representatives / senators, etc. to ensure my child's needs were being met. 504 plans allowed students who were on crutches to take the elevator or not be marked tardy because it takes them longer to get to class. They provided health-based accommodations for students who did not need an IEP (although in some cases a student might need both). A student with a health condition, for example, might need to have a break during standardized testing in order to take medication. I had a student with cancer who needed extra time to turn in assignments because she was frequently sick. Putting things in writing helps to ensure that necessary steps are followed.
Again, I'm not an expert. I'm just dismayed at how acceptable it's become to just get rid of anything that can be deemed liberal or "woke," even if it means getting rid of common sense measures.
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Post by ntsf on Feb 11, 2025 16:32:31 GMT
there are a lot of disabled people in this country who count on the protections of this law. I thought we were supposed to be "for the general welfare of the citizens". the 504 law also protects a lot of disabled people in universities and at work.
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Post by epeanymous on Feb 11, 2025 16:36:53 GMT
Not a lawyer, sorry, but I am a retired teacher who had to make sure that both IEP and 504 plans were being followed for my students. Count 3 does seem to declare that Sec. 504 is unconstitutional, not just provisions for trans people. If I were a parent of a child who needed a 504 plan, even temporarily, I would be showing up to school board meetings, calling representatives / senators, etc. to ensure my child's needs were being met. 504 plans allowed students who were on crutches to take the elevator or not be marked tardy because it takes them longer to get to class. They provided health-based accommodations for students who did not need an IEP (although in some cases a student might need both). A student with a health condition, for example, might need to have a break during standardized testing in order to take medication. I had a student with cancer who needed extra time to turn in assignments because she was frequently sick. Putting things in writing helps to ensure that necessary steps are followed. Again, I'm not an expert. I'm just dismayed at how acceptable it's become to just get rid of anything that can be deemed liberal or "woke," even if it means getting rid of common sense measures. Another thing people can do is if you live in one of the 17 (red) states that are parties to this lawsuit, contact your state Attorney General’s office and tell them to withdraw from this lawsuit. AGs are elected. |
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Post by crazy4scraps on Feb 12, 2025 15:56:49 GMT
there are a lot of disabled people in this country who count on the protections of this law. I thought we were supposed to be "for the general welfare of the citizens". the 504 law also protects a lot of disabled people in universities and at work. The real irony is that while on the one hand they’re trying to strip away these protections for people with disabilities who do have jobs, on the other hand they also expect disabled people to go out and work in order to be eligible for Medicaid. Make it make sense.  |
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scrappinmama
Drama Llama
Posts: 5,672
Jun 26, 2014 12:54:09 GMT
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Post by scrappinmama on Feb 12, 2025 16:05:41 GMT
My state is on the list and I have called the attorney general office twice to let them know how harmful it will be to disabled people if this is taken away. I swear MAGA rules only to hurt people.
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Post by scraplette on Feb 12, 2025 16:06:07 GMT
I’d missed this. Thanks, @merge.
There are some Trump supporters in my old Dyslexia parenting group. I wonder if they’ve noticed.
Remarkably, one’s adult child just had a lovely same sex marriage, wedding. Why do these people think they’re only coming for the other guy?
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purplebee
Drama Llama
Posts: 6,955 
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Post by purplebee on Feb 12, 2025 16:20:24 GMT
Just spoke to a very nice clerk at the AR Atty. General’s office. Not that it will do any good….
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Post by needmysanity on Feb 12, 2025 16:42:10 GMT
Shocked my state of TN isn't part of the lawsuit. As a mom of a special needs kiddo his 504 and eventually IEP saved him in school. I can't imagine not having that support for him.
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pilcas
Pearl Clutcher
Posts: 3,748
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Post by pilcas on Feb 12, 2025 17:17:36 GMT
To quote Hilary they are deplorable. And those who blindly voteagainst their own interest are just stupid.
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Post by Merge on Feb 13, 2025 15:47:04 GMT
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Post by epeanymous on Feb 13, 2025 17:33:41 GMT
I don't think people understand how much the inclusion and support of disabled kids in classrooms and adults in public life has required legal intervention and government support. I guess unfortunately a lot of people are about to find out. |
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Post by Merge on Feb 13, 2025 17:59:11 GMT
I don't think people understand how much the inclusion and support of disabled kids in classrooms and adults in public life has required legal intervention and government support. I guess unfortunately a lot of people are about to find out. Yep. The perception some older people have that "we didn't have all these autistic kids or dyslexic/ADHD/SPD kids when I was in school" is fueled by the fact that kids with differences were either hidden away in "special" schools, forced out of school when their needs were too great, or left to flounder along without help until they either dropped out or could be funneled into a vo-tech program and forgotten about. If anyone thinks that red states are going to keep up special ed programs after Trump "leaves education to the states," they're fooling themselves. |
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Post by epeanymous on Feb 13, 2025 18:05:43 GMT
I don't think people understand how much the inclusion and support of disabled kids in classrooms and adults in public life has required legal intervention and government support. I guess unfortunately a lot of people are about to find out. Yep. The perception some older people have that "we didn't have all these autistic kids or dyslexic/ADHD/SPD kids when I was in school" is fueled by the fact that kids with differences were either hidden away in "special" schools, forced out of school when their needs were too great, or left to flounder along without help until they either dropped out or could be funneled into a vo-tech program and forgotten about. If anyone thinks that red states are going to keep up special ed programs after Trump "leaves education to the states," they're fooling themselves. I mean I am 52 and I remember my elementary schools each having one classroom where they had all of the disabled children, regardless of disability or age. So kids with learning disabilities, kids with cerebral palsy, kids with behavioral issues, all of them, just in a room. I'm skeptical my schools were unique. Do people really not remember this? |
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ashley
Pearl Clutcher
Posts: 3,571
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Post by ashley on Feb 13, 2025 18:14:12 GMT
Yep. The perception some older people have that "we didn't have all these autistic kids or dyslexic/ADHD/SPD kids when I was in school" is fueled by the fact that kids with differences were either hidden away in "special" schools, forced out of school when their needs were too great, or left to flounder along without help until they either dropped out or could be funneled into a vo-tech program and forgotten about. If anyone thinks that red states are going to keep up special ed programs after Trump "leaves education to the states," they're fooling themselves. I mean I am 52 and I remember my elementary schools each having one classroom where they had all of the disabled children, regardless of disability or age. So kids with learning disabilities, kids with cerebral palsy, kids with behavioral issues, all of them, just in a room. I'm skeptical my schools were unique. Do people really not remember this? My little elementary school with just one class per grade was like this. There was a “special education” class for the entire school. The students in our grade joined us for classes like art and gym. |
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Post by Merge on Feb 13, 2025 18:21:47 GMT
Yep. The perception some older people have that "we didn't have all these autistic kids or dyslexic/ADHD/SPD kids when I was in school" is fueled by the fact that kids with differences were either hidden away in "special" schools, forced out of school when their needs were too great, or left to flounder along without help until they either dropped out or could be funneled into a vo-tech program and forgotten about. If anyone thinks that red states are going to keep up special ed programs after Trump "leaves education to the states," they're fooling themselves. I mean I am 52 and I remember my elementary schools each having one classroom where they had all of the disabled children, regardless of disability or age. So kids with learning disabilities, kids with cerebral palsy, kids with behavioral issues, all of them, just in a room. I'm skeptical my schools were unique. Do people really not remember this? It probably depended on the district. In mine, all those kids were in a separate school building that I wasn't even aware of until I was a senior in high school. |
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Post by iamkristinl16 on Feb 19, 2025 3:38:17 GMT
If you follow Sharon McMahon (Sharonsaysso) on Instagram, she has some pinned posts about this. In her stories today she said that several people have told her that they contacted their AG's about the lawsuit and the AG's responded that it was only regarding the gender dysphoria addition, not saying that the whole section was unconstitutional. However, someone showed the Kansas AG that it does indeed say that and she responded saying that she was going to request that the wording be changed. Sharon suggested people use the following statement when calling their AG: Other states have seen the error of their ways and we, as the people of ___, should, too.
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dawnnikol
Prolific Pea
'A life without books is a life not lived.' Jay Kristoff
Posts: 9,460
Sept 21, 2015 18:39:25 GMT
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Post by dawnnikol on Feb 19, 2025 12:19:07 GMT
If you follow Sharon McMahon (Sharonsaysso) on Instagram, she has some pinned posts about this. In her stories today she said that several people have told her that they contacted their AG's about the lawsuit and the AG's responded that it was only regarding the gender dysphoria addition, not saying that the whole section was unconstitutional. However, someone showed the Kansas AG that it does indeed say that and she responded saying that she was going to request that the wording be changed. Sharon suggested people use the following statement when calling their AG: Other states have seen the error of their ways and we, as the people of ___, should, too. I saw this same thing. Our KS AG is supposedly backtracking, as is the SC AG... we're going to keep e-mailing and calling though until it's off. |
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Post by iamkristinl16 on Feb 19, 2025 13:16:12 GMT
My sister said that the Iowa AG is doubling down and doesn’t want to admit that she didn’t really understand what she was signing onto. She says the lawsuit isn’t about special education or disabilities. Ugh.
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Post by Merge on Feb 19, 2025 14:16:05 GMT
My understanding is that TX AG Ken Paxton is leading the lawsuit and the verbiage came from his office. Shame on the other AGs, though, for apparently not reading the entirety (or believing that their constituents wouldn't).
Trust and believe that the state of Texas would love to stop meeting the needs of special ed. students.
But the threat to trans students, which no one is denying, is also real. My district is currently being sued by Moms For Liberty because some high school teachers called a student by his preferred name instead of the one on the enrollment sheet - not having received any communication to do otherwise. They’re claiming the teachers “groomed” and “transitioned” the student by doing this.
Our governor is on record saying that any teacher who does this - simply shows respect by using a student’s preferred name - should be fired on the spot.
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Post by epeanymous on Feb 20, 2025 2:54:23 GMT
If you follow Sharon McMahon (Sharonsaysso) on Instagram, she has some pinned posts about this. In her stories today she said that several people have told her that they contacted their AG's about the lawsuit and the AG's responded that it was only regarding the gender dysphoria addition, not saying that the whole section was unconstitutional. However, someone showed the Kansas AG that it does indeed say that and she responded saying that she was going to request that the wording be changed. Sharon suggested people use the following statement when calling their AG: Other states have seen the error of their ways and we, as the people of ___, should, too. I hope the whole thing fails! As a parent to a young adult trans kid who really benefitted from attending a supportive high school, I will frankly beg people not to throw trans kids under the bus. Like kids who have learning differences, they are also people and loved! |
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