The states amend the demand against federal disability protections after protest

CNA Staff, March 1, 2025/06:00 am

After a public protest this month of groups and constituents for the defense of disability, a group of state general prosecutors has delayed plans to promote a judge to declare a key federal rule that protects students with disabilities from discrimination.

The coalition of 17 state general prosecutors, led by Texas, had asked in September a judge of the District Court to declare unconstitutional Section 504 of the 1973 Rehabilitation Law, that for decades has prohibited discrimination against qualified people with disabilities in any program or activity that receives federal financial assistance. Among other things, the ruler It requires equal access and adaptations for people with Down syndrome in several environments where the funds come from the federal government, such as education, employment and medical care.

In question for general prosecutors is A new disposition Finished by the Biden Administration in May 2024 that he declared, based on a ruling of the 2021 Court of Appeals, which “Gender dysphoria“It can be treated as a disability under section 504, based on” individualized determinations “of how the condition affects a person naturally or mentally.

Texas Ken Paxton Attorney, who directs the lawsuit, He maintains that The rule requires that all federal fund recipients “allow the use of the bathroom, the use of pronoun and clothing codes are based on ‘gender identity’ instead of biological sex.”

The lawsuit had originally requested that the courts declared the entire unconstitutional section 504 and issue permanent precautionary measures against its application.

However, after the protest of groups such as the National Society of Down SyndromeGeneral prosecutors on February 19 rinse that they did not intend to challenge the constitutionality of the entire section 504, only the disposition of the “gender dysphoria”, in the light of President Donald Trump’s recent executive action ordering the elimination of the entire guide of gender ideology, communication, policies and forms of government agencies. That part of the demand that defies the disposition of gender dysphoria will continue.

For his part, Paxton argued February 18 that “demand will not be reduced” no financing for existing disability programs or the rights of any person by virtue of existing plans by virtue of the rehabilitation law “, but would prevent the federal government from extracting Texas funds for” disability programs, medical funds or public schools just because Texas does not allow men in women’s rallas. “

“Despite an erroneous information campaign, Texans should know that from the beginning, this demand has not tried to eliminate protections for anyone who is currently covered by the rehabilitation law, but to protect them from federal attempts to eliminate their funds due to any rejection by Texas to fulfill a mandate of” gender identity “, said Paxton,” Paxton said.

‘Encouraged to welcome’

Sister Dale McDonald, PBVM, Vice President of Public Policy in the National Catholic Education Association (NCEA), He told CNA that, although Catholic schools in the United States are generally not direct receptors of federal financial assistance, they are expected to make reasonable adaptations for students with disabilities that do not create undue financial tension or fundamentally alter the curriculum.

“504 does not provide funds to any school or agency. Public and private schools must use their own resources to make accommodations. Public schools must use their state and federal funds to make accommodation needs, ”he explained.

McDonald also clarified that the requirements under section 504 are different from federal programs to help students with disabilities such as the Primary and Secondary Education Law (ESAA) and the Education Law of Individuals with Disabilities (Idea)which do not provide direct help to schools; On the other hand, the program funds are distributed to the local public school district and private schools will negotiate with the district on which services will provide students with private schools to students. McDonald said that very few students from Catholic schools receive support from ideas, because financing “is very small to serve many.”

NCEA’s data show that at least three quarters of American Catholic schools report having students with a diagnosed disability, McDonald continued.

“Given our mission and understanding of the values of the Gospel to include Crisitan hospitality, Catholic schools are encouraged to welcome students with disabilities that could access the curriculum with some accommodations,” he said.

Leo Zanchettin, president of the National Catholic Partnership on Disability (NCPD)He told CNA in an email that the NCPD continues to investigate the implications of demand and plan to “respond more fully at a later time.” The NCPD recently launched a Online series By welcoming and serving people with disabilities in Catholic schools.

The NCPD opposes, “of course, opposes any action that revokes protections for people with disabilities protected by section 504,” Zanchettin said.

(History continues below)

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“However, we oppose the gender dysphoria as a protected disability under the provisions of section 504. Such inclusion would be located in those that serve young people, especially young people with disabilities, unfair obligations to violate their deeply acute religious beliefs regarding the truth of the human person,” he said.

Jonah McKeown is a writer and producer of Podcasts of the Catholic News Agency. He has a master’s degree from the School of Journalism at the University of Missouri and has worked as a writer, as a producer of public radio and as a cameraman. It has its headquarters in St. Louis.