Advocacy 2025: Medicaid and Texas vs Becerra
We have faced a tumultuous several weeks as a community and a nation, from $880 billion Medicaid cuts to a Texas vs Becerra, a lawsuit which threatens to find Section 504 of the 1973 Rehabilitation Act unconstitutional.
I interviewed MariBeth Watson in Episode 135 of the podcast. She talks about how the Medicaid cuts would affect services such as healthcare and community-based services for families with disabilities. Links to listen and watch the video.
On Episode 136, I interviewed Lindsey Lind, a parent advocate who is kept up at night with worry over Texas vs Becerra. I would like to thank Lindsey for taking the time to write the following article demonstrating the ramifications of the above lawsuit winning. You can listen to Lindsey on Episode 136 of the podcast and watch her live video here.
What keeps me up at night regarding the Texas vs. Becerra suit?
Great question. This lawsuit was filed in September of 2024 and includes 17 states. The states included are Texas, Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah, and West Virginia. Reading the 40+ page document, the lawsuit is trying to remove the wording added by the Biden administration that included gender dysphoria as a protected disability. However, page 37 states, “Section 504 is unconstitutional.” The ENTIRE Section 504 of the Rehabilitation Act is unconstitutional. See lawsuit here: Texas vs Becerra Suit Filed 09.26.24
What is the 504 Rehabilitation Act? It was created in 1973 as the first law to protect disabled persons from discrimination. This act ensures equal access to schools, healthcare, workplaces, and public programs that receive federal funding. If the 17 states win, it would be detrimental for the disabled community. Per the Newsweek article that interviewed the CEO of The Arc of United States, “In 1971, before federal protections for people with disabilities existed, states were free to exclude children with disabilities from their public schools – and many did.” This was determined because SOCIETY felt that people with disabilities were not worth educating.
I’m not sure about everyone else, however, I do not believe we need to return to the 1970s. Disabled people have a right to an education. We need to progress without regressing as a nation. Anni Rodgers wrote an article for ADDitude magazine noting that if these states win this lawsuit, “all the protections against discrimination for people with disabilities across the country would be halted.” Advocates have been reaching out to their state attorney general’s office to get them excluded from the lawsuit if they are one of the states listed. However, as of 2/21/2025, no state attorney general has withdrawn from the lawsuit, as noted by the Disability Rights Education and Defense Fund. You can read an updated joint filing status statement here: Update on the Texas v. Becerra Lawsuit Joint Status Report.
What can you do to continue to advocate? Contact your senators and representatives to voice your opinion for 504 Protection. If your state is listed, contact your state attorney general to demand their withdrawal. Layne Rogers added information in their article, noting these options:
Find suggested language for a letter to your attorney general on the Council for Exceptional Children website.
Find sample language provided by the National Down Syndrome Society here.
The National Council on Independent Living also offers sample language for contacting elected officials.
If you would like to share your thoughts, opinions, or story regarding 504 Plan accommodations, contact ADDitude at submissions@additudemag.com.
Overall, with the possibility of the Department of Education being dismantled and this lawsuit against 504 (which went to court on 2/25/2025), I am very concerned about the rights of disabled people being taken away. I also do not understand why we must fight for something we have already won.. My main reason for advocating? I have two children with disabilities. One has an IEP and a child with a 504 Plan. This impacts their future as they should have a right to an education that supports their needs and gives them the accommodations to help them thrive and hopefully attend post-secondary education or live an independent life one day.
Resources:
Lawsuit Filed: Texas vs Becerra Suit Filed 09.26.24
Neas, Katy. (2025, February 17). Department of Education Helps Students With Disabilities. Don’t Let It Disappear. Retrieved from: https://www.newsweek.com/department-education-helps-students-disabilities-dont-let-it-disappear-opinion-2030741?fbclid=IwY2xjawIyq2FleHRuA2FlbQIxMQABHWPLmnHbk1DGZWtA247m4D1t8C8dz6vhT-A4px25SnAHBp82cWLHxNDSNg_aem_IUPbWE1vOpYUi9as9rxlRw
Rodgers, Anni Layne. (2025, February 16). Your Child’s 504 Plan May Be in Peril. Retrieved from: https://www.additudemag.com/section-504-lawsuit-adhd-accommodations/?fbclid=IwY2xjawIyrxFleHRuA2FlbQIxMQABHSvFZ8ZReiyQWfpPAZxM-mqla233Lz-8HszK2YqNxMLh1eaiysqSc2fChg_aem_ZN0vYvNPi8s4MRWiJOv3_g
