Utah’s AG addresses concerns about lawsuit that could change Section 504 accommodations

SALT LAKE CITY — Utah is one of 17 states taking part in a lawsuit looking to change or strike down Section 504. Section 504 is a law that prohibits discrimination against those with disabilities and provides accommodations to help them succeed.

The lawsuit is worrying some disability advocates and parents with special needs children because the lawsuit includes a plea to the court to declare Section 504 unconstitutional. Parents and advocates are voicing their concerns online, putting this lawsuit which was filed in September, back into the public eye.

LISTEN: Inside Sources coverage on this story👇

 

“Multiple people have said it’s particularly scary in schools where kids do need to have these protections so they can live their lives like normal kids,” said Catherine Little, owner of Tru Advocacy and Case Management. 

Little’s business provides support coordination for people with disabilities. She said Section 504 is critical for its ability to advocate for those who need accommodations in school or at their workplaces. Section 504 impacts students in schools who struggle with attention-deficit/hyperactivity disorder (ADHD) , dyslexia, epilepsy and many other conditions.

Utah’s Attorney General Derek Brown said the state joined this lawsuit in September, before he took office. He inherited this case from the prior state attorney general, Sean Reyes. However, he is aware that the intention was to attack a change made by President Joe Biden.

“The Biden administration added gender dysphoria as a covered disability under section 504 and the lawsuit is really focusing on whether they have the power to do that,” Brown said.

The lawsuit specifically asks the court to “declare section 504, 29 U.S.C. subsection 794, unconstitutional.” However, Brown said they are not trying to make section 504, as a whole, go away. 

“The point of this lawsuit is to challenge a provision that is unlawful but it’s not to undo Section 504 because there obviously are a lot of important reasons that we have it, and it protects and helps a lot of kids here in the state of Utah,” he said. 

Little and many others online are still worried though, even with the state attorney general’s reassurance.

“While he may say that, and wholehearted believe that, the fact that it can open it up to all these protections being eliminated is frightening,” Little said.

In response to public outcry about the move, Brown released a statement Friday, saying, “I hear you, parents. Utah parents shouldn’t have to worry if their children are receiving the services they need.” He said on Dave and Dujanovic that he likely would not have joined this lawsuit to begin with, if he had been the attorney general back in September.

LISTEN: More coverage on Dave & Dujanovic👇

The lawsuit is currently on pause while the newly inaugurated Trump Administration reviews the regulations. Brown thinks President Donald Trump is likely to reverse Biden’s changes, which would make this lawsuit a non-issue.