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SALT LAKE CITY — Attorney General Derek Brown made a statement on social media Friday reaffirming his support of protecting students with disabilities in school accommodations amid citizen concerns over Utah's participation in a lawsuit seeking to challenge the federal law.
He added that the issue will likely resolve itself outside of the courts with President Donald Trump in office.
Utah is one of 17 states included as a plaintiff in Texas v. Becerra, a lawsuit opposing changes to Section 504 of the Rehabilitation Act of 1973 made in May 2024 under the Biden administration. The changes, known as the Final Rule, included adding the term "gender dysphoria" to the definition of a disability protected under Section 504.
Section 504 of the Rehabilitation Act of 1973 grants protections to those with disabilities from being discriminated against by institutions or programs that receive federal financial assistance, such as schools, hospitals and government programs. All public schools and many private schools are required to provide 504 plans to students with disabilities. These plans can include a variety of accommodations such as extra time on assignments and tests, modified textbooks or learning materials, or a specific seat in the classroom.
While the lawsuit seeks to declare the Final Rule as unlawful, the legal document also includes language that many are interpreting as an intention to get rid of Section 504 as a whole. In the list of complaints, Count 3 states, "Section 504 is unconstitutional," followed by a separate count that claims the Final Rule specifically is unconstitutional. Furthermore, under the document's demands for relief, it requests that the court "declare Section 504, 29 U.S.C. § 794, unconstitutional" and that the court "issue permanent injunctive relief against defendants enjoining them from enforcing Section 504."
The lawsuit was filed in September 2024 and has since been granted a stay, meaning it has been halted by the court. But the issue recently gained traction on social media, causing more Utahns to be aware of the possible loss of disability accommodations should the law be declared unconstitutional.
Amara Bray, an Elk Ridge resident and mother to a child with a disability, first learned about Utah's involvement in the lawsuit from a political influencer on Instagram. Having a daughter who is deaf and a college student, she has seen the benefits a 504 plan can grant a student needing extra accommodation.
"(Disability accommodations are) why, when she went to college, she could get a note taker," said Bray. "When the professor is lecturing, they usually face the board, and you can't read their lips, so she needs that note taker. This is how she can be successful in college. I'm seeing that she would have no chance without accommodations, and with it, she could go to college."
The attorney general responded to the many parents who, like Bray, are concerned that Utah seems to be supporting the lawsuit that may potentially remove Section 504 accommodations in a statement on his social media channels.
"I hear you, parents. Utah parents shouldn't have to worry if their children are receiving the services they need." — Attorney General Derek Brown pic.twitter.com/kdtY0vn0G4
— Utah Attorney General (@UtahAG) February 14, 2025
"I believe it's critical we vigorously protect Section 504 accommodations," he said. "I support these protections and benefits for Utah children wholeheartedly. I hear you, parents. Utah parents shouldn't have to worry if their children are receiving the services they need.
"In September 2024, Utah joined the lawsuit to challenge an unlawful regulation from Biden Administration: adding gender dysphoria as a covered disability under Section 504. The Biden Administration's unlawful actions could've put Utah's federal funding to help children receive these critical services in jeopardy. I am committed to protecting Section 504 accommodations for children," he posted on X.
Former Attorney General Sean Reyes represented the state when filing the lawsuit last year, but Brown assumed responsibility for the case when he took office in January. So far, Brown has not withdrawn from the lawsuit but predicts changes by the Trump administration will make the lawsuit no longer relevant.
"The case is paused and I believe that the Trump Administration will soon withdraw the regulation. For that reason, I do not believe there is a risk Section 504 will be invalidated," Brown said.
Herriman resident Jessica Forbes is a parent to a child with learning differences who receives accommodations through a 504 plan. She is joined by many parents of children with disabilities who are more concerned about the possible outcome of Texas v. Becerra if the case moves forward and hope the attorney general will withdraw from the case or make changes so it will not allow removal of Section 504 protections.
"If the goal is just to remove that (Final Rule) language, then sue to remove that language and not to overturn the constitutionality of the Section 504 in general," said Forbes. "Because 504 is also a lot bigger than that language, and it's even bigger than protecting students in schools. It applies in medical situations and a variety of places."
In response to KSL.com's request for comment on whether the attorney general plans to withdraw from the lawsuit altogether, Brown confirmed that protecting the children remains his priority.
"We anticipate that our challenge to a Biden-era regulatory change will be resolved imminently," he said. "If it is not resolved quickly, we are looking at all of our legal options, including amending the lawsuit to protect children. I will continue to strongly defend and protect Section 504 benefits and accommodations for Utah children."
