Opinion/Guest column: Disabled students face threat of withdrawn federal aid
While the first months of Trump’s presidency have been filled with uncertainty and angst (threat of tariffs, federal budget cuts, disbanding agencies, ICE raids, etc.), there is a looming civil rights concern that could significantly impact students living with disabilities.
Drowning in the background of the swirling chaos is a lawsuit filed by Texas Attorney General Ken Paxton, along with 16 other states (Alaska, Arkansas, Alabama, Florida, Georgia, Iowa, Indiana, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Utah and West Virginia) against Xavier Becerra, secretary of health and human services in the Biden administration, for expanding Section 504 of the Rehabilitation Act of 1973. The lawsuit filed against the previous administration seeks not only to remove the expansion of Section 504 to protect individuals who identify as transgender but also threatens the constitutionality of Section 504 in its entirety.
The Rehabilitation Act of 1973 was passed and signed by President Nixon to ensure that all individuals living with disabilities have equal and nondiscriminatory access to resources and programs that receive federal funding. Section 504, as part of the Rehabilitation Act, not only protects against the discrimination of individuals with disabilities (e.g., within public education or the workplace) but also allows individuals to have reasonable accommodations and modifications to improve functionality and productivity. Should Paxton and his constituents win their case, there could be horrible consequences for students with disabilities.
As a school-based occupational therapist, it is my role to promote independence and engagement through curricular adaptations and therapeutic interventions as outlined in students’ individual education plans, or 504 accommodation plans. Accommodation plans serve students with a variety of needs and challenges, providing educators guidance on how to tailor curricular demands to students’ unique needs. For instance, students with attention-deficit/hyperactivity disorder may benefit from extra time to complete lengthy assignments, while a student with cerebral palsy may require durable medical equipment (powerchair, crutches, walker), or a fire evacuation plan due to limited mobility.
Regardless of a student's diagnosis or personal challenges, under the Individuals with Disabilities Education Improvement Act and Section 504, they have a legal right to an accessible education, free from discrimination.
Should Section 504 be overturned, school districts and other organizations would not be required to provide 504s nor honor 504 accommodation plans, opening the door to inequity, inaccessibility, and possibly mental or physical harm (in the cases of students who have safety plans, seizure plans, medical needs, etc.).
The negation of 504 plans would not only harm student learning and societal participation but would also set the precedent that living with a disability is unacceptable, undoing years of civil rights advocacy. Considering these ramifications, the 504 accommodation plan, as a legal document, is and must remain a constitutional necessity as protected under the First and 14th Amendments.
As stated in the Constitution, United States citizens have a right to life, liberty and the pursuit of happiness, and “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.” Students and individuals with disabilities have inalienable rights that shall not be infringed upon. Thus, defending Section 504 is paramount for ensuring student safety (life), success (liberty) and personal growth (pursuit of happiness) as a means for fostering good citizenship and personal agency under the protections of the Constitution.
Christopher V.B. Lazzaro is a Worcester resident and an occupational therapist in the Marlborough Public Schools.