Update as of Feb. 21, 2025:
The 17 states involved in the lawsuit filed a joint status statement claiming they don’t intend to strike down Section 504 entirely, but this has not changed the scope of the case. The lawsuit has not been amended, and the original constitutional challenge to Section 504 has not been withdrawn.
This means the threat to 504 plans for students with asthma and food allergies still exists. Until the complaint is officially amended or withdrawn, advocates must keep up the pressure to safeguard disability rights in education.
Section 504 – which provides important protections for school children with food allergies and asthma – is at risk. We’re asking you to help us save these protections. We need your help before Feb. 25, 2025.
In September 2024, a group of 17 states sued the U.S. government. This lawsuit threatens the 504 plan protections for students with disabilities. This includes students with food allergies and/or asthma who go to schools that get funding from the federal government. All public schools and many private schools receive federal funding.
Below you will find information on Section 504, the lawsuit, and how you can take action if you live in one of the 17 states suing the government. These are the 17 states:
- Alabama
- Alaska
- Arkansas
- Florida
- Georgia
- Indiana
- Iowa
- Kansas
- Louisiana
- Missouri
- Montana
- Nebraska
- South Carolina
- South Dakota
- Texas
- Utah
- West Virginia
What Is Section 504?
Section 504 is part of a law that is more than 50 years old that protects people with disabilities. This law says that anyone who receives money from the federal government cannot exclude or discriminate against people with disabilities. Discrimination means treating people unfairly.
A disability defined by Section 504 is a “physical or mental impairment which substantially limits one or more major life activities.” A “major life activity” includes walking, seeing, hearing, speaking, breathing, learning, working, and eating. Under Section 504, asthma and food allergies are often considered disabilities.
The federal government updates Section 504 rules over time. Thousands of advocates wrote letters to the federal government about what to include in a new update. In 2024, the federal government released an update to the Section 504 rules. States are challenging this update and the legal status of Section 504.
Why Is Section 504 Important?
Section 504 is important because it makes sure that people with food allergies, asthma, and other disabilities are treated fairly in their schools.
A Section 504 plan is a way schools follow this law. A 504 plan is a legally binding plan written by a school along with a student and their family. It addresses how the school will accommodate your child’s condition with the goal of providing a safe education.
504 plans might help make sure:
- Students are able to access and use their medicines (such as epinephrine, inhalers with spacers, and nebulizers)
- Changes are made to the classroom environment to reduce asthma triggers
- School staff must be trained on managing asthma and food allergies and what to do in an emergency
- Students have a safe place to eat lunch and snacks if allergic to some foods
- Students are not fed their food allergen
Not all students with asthma and/or food allergies need a 504 plan. But it is important to protect the right to have one for students who do need it.
Resources for Students with Asthma and Food Allergies
The Asthma and Allergy Foundation of America (AAFA) and Kids with Food Allergies (KFA), a division of AAFA, has resources to help you manage your child’s asthma and/or food allergies at school. Check out the resources below:
What Is Texas v. Becerra?
Seventeen states filed a legal document, called a complaint, in court to sue the federal government. The name of the case is Texas v. Becerra.
The states in Texas v. Becerra started by challenging updates to Section 504 rules made in 2024. This would not have affected 504 plans.
But the states are also saying the entire Section 504 itself is unconstitutional. This means educational 504 plans are at risk.
The 17 states are asking that the court:
- Stop the enforcement of updated Section 504 rules
- Declare the 2024 rule update to Section 504 illegal
- Declare Section 504 unconstitutional
If the court decides that Section 504 is unconstitutional, Section 504 regulations from all agencies, including the Department of Education, would no longer be in effect. This would have direct consequences for any students with 504 plans based on asthma or food allergies.
What Are Attorneys General Saying About Accommodations in Schools?
People who live in the 17 states, including parents of children with 504 plans, have begun asking their state attorneys general why they are threatening their children’s 504 protections. In response, multiple state attorney generals have claimed they are not challenging Section 504. That is not true. The lawsuit plainly asks the court to declare Section 504 unconstitutional.
What Can I Do to Protect 504 Plans in Schools for Children with Asthma and Allergies?
If you live in one of the 17 states, you can ask your attorney general to protect Section 504 and to withdraw from the case. Send your request to your state’s attorney general before Feb. 25, 2025. We have included 2 options below for you to contact your attorney general depending on which state you live in.
If You Live in Alabama, Georgia, Indiana, Kansas, Missouri, South Carolina, South Dakota, Texas, or West Virginia
Click on your state name below to go to your state’s contact webpage. You can also use the sample letter below to share your concerns.
Sample letter to send to your attorney general
If You Live in Alaska, Arkansas, Florida, Iowa, Louisiana, Montana, Nebraska, or Utah
Use the form below to send a letter to your attorney general.
Comments (0)