Texas vs. Becerra/Kennedy: Understanding Policy Threats to Section 504

In this special episode of The Collaborative IEP Podcast, I’m diving into a big case you might’ve heard about—Texas vs. Becerra (now Kennedy)—and what it could mean for Section 504 of the Rehabilitation Act. Section 504, which has been around since 1973, is a law that protects people with disabilities from discrimination from organizations and businesses that receive federal funding.  I have read the entire case, as well as all of the filings to date, and I’ll break it all down for you – the good, the bad, and the ugly! 

We’ll unpack the background of the case, which involves 17 states challenging a new addition to the definition of disability—specifically, the Biden administration’s move to include gender dysphoria under that umbrella. We’ll talk about the real threat- these states’ request to find Section 504 Unconstitutional.  I’ll break down what the states are arguing specifically, what’s happening with the case now, and why all of this matters—especially for our schools and the disability community.

I’ll also talk about the federal vs. state power struggle at the heart of the issue and the success of the grassroots advocacy that’s come out of it (we made them backtrack significantly!). Join me for a thoughtful conversation about how this case highlights the complicated intersections between disability rights, government regulations, and the policies that affect our everyday lives.

Timestamps

• 00:00 Introduction and Overview
• 00:33 Background on Section 504 and Texas vs. Becerra
• 02:43 Understanding Section 504 and Its Implications
• 04:52 Details of the Texas vs. Becerra Case
• 14:08 Arguments Against the New Rule
• 24:13 Medicaid and Community-Based Services
• 26:47 State-Specific Concerns and Broader Implications
• 38:26 Updates and Current Status
• 44:56 Conclusion and Next Steps