The state of Nebraska has joined multiple states in a lawsuit to declare section 504 of the Rehabilitation act “unconstitutional.” According to the U.S. Department of of Housing and Urban Development, “Section 504 of the Rehabilitation Act of 1973 is a federal law… that prohibits discrimination on the basis of disability in federally-assisted programs or activities.”
Recently, “gender dysphoria” was added as a potential disability protected by section 504. Several states are suing to remove this language, however the wording in the lawsuit asks to deem the entire section 504 “unconstitutional.”
Section 504 is what allows for 504 plans which can be used to provide learning accommodations in schools. According to Millard South counselor Jessica Hamzhie, “A 504 plan allows students to have better access to their education, students have to have a medical diagnosis that inhibits them from accessing their education here at school.”
She explained that 504 plans can allow for extended time and “chunking” on assignments and tests as well as include teacher check-ins.
Hamzhie said that around 80 Millard South students have a 504 plan in place. She explained that 504 plans are not a “one size fits all” situation and they look different for every student.
If section 504 was to be declared unconstitutional it would have some impacts.
“That is I guess the worry, you know we have a lot of students who do use their accommodations on their 504 plan… If they do not have that, we will have to look for other tier one strategies to help students,” Hamzhie said.
Hamzhie mentioned that she felt like teachers at Millard South are good at providing strategies to accommodate students.
“We have a lot of different avenues and strategies that we can try even without a 504 plan,” Hamzhie said.
She mentioned that they have teams that work on problem solving to find solutions for students before they even get placed on a 504 plan.
“The thing about a 504 plan is students can take it to college and they can take it to their job…,” Hamzhie said.
Junior Raven Cranny said that they use their 504 plan on a regular basis. Cranny explained that they have Crohn’s disease and have issues with needing to use the restroom more often and having to be gone for treatments.
“My 504 plan gives me a permanent pass to leave campus or extra time on tests and stuff that I have to be gone for, [for] like doctor’s visits…” Cranny said.
Before having a 504 plan in place Cranny faced challenges from missing a lot of school.
“It was always kind of irritating that my teachers weren’t understanding that I have to go to the hospital every once in a while and I don’t get like makeup time for all of that…” Having the 504 plan in place protects Cranny in the long run, they explained.
“Having it in place has definitely made things easier. It’s definitely helped my grades,” Cranny said. They explained that after their diagnosis and getting a 504 plan in place, they went from about a 2.0 GPA to a 3.5-4.0 GPA.
Cranny mentioned that if their 504 plan was no longer in place their GPA would once again suffer.
“I know for a fact that my GPA would definitely drop again, and I wouldn’t have the opportunities I was afforded for like honors programs and college programs,” Cranny said.
The lawsuit is currently paused with another status report expected in a month. Nebraska.gov issued the following statement on Feb. 20.
“The Attorney General will reevaluate Nebraska’s involvement or take other appropriate action if the legal protection and funding provided by Section 504 becomes threatened.” As of now there are no additional updates.
