In September of 2024, 17 states filed a lawsuit challenging gender dysphoria as a protected disability under Section 504 of the Rehabilitation Act. 29 U.S.C. § 794. However, the lawsuit challenged Section 504 broadly as unconstitutional and, at least initially, sought for the court to block enforcement of the law as a requested relief. The argument of the States in this lawsuit was that Section 504 does not come with its own funding for compliance; rather, the law places restrictions on states that they must adhere to in order to continue receiving any federal funding under any statute. The States further argued that this amounts to an unconstitutionally coercive condition on Federal spending. This type of law is unconstitutional because it gives the Federal government too much power over State actions and is contrary to federalism.
On February 20, 2025, the States walked back the argument on the constitutionality of Section 504 to the extent that it applies to the entirety of the law. The States clarified that they are not requesting the Court find Section 504 to be unconstitutional on its face, and the actual focus of the lawsuit was the addition of gender dysphoria as a recognized disability covered under the law.
Section 504 has broad-reaching effects for schools. Section 504 is a fundamental law that requires that schools do not discriminate against students with disabilities via accommodation in order to receive a Free and Appropriate Public Education (FAPE). Currently, Section 504 could provide protections for students with gender dysphoria as students with disabilities that might require accommodations (i.e., allowing a student to use a private restroom). Of course, recent changes in Ohio laws that limit the use of multi-person restrooms and other facilities might limit the accommodations that are provided. These should still be taken into consideration for eligible students.
With the recent closure of six U.S. Department of Education Office for Civil Rights offices, including the Cleveland office, it is less clear whether and when any claims of discrimination under Section 504 might be investigated.
What does this mean for your District?
Currently, there is no telling how this will play out in the courts. Section 504 is still in effect, and nothing has changed in that regard. However, this is something to watch because while the states are no longer seeking to have Section 504 deemed unconstitutional, the argument to do so is spelled out for any future challenges.