Unlocking Opportunities: The Role of Section 504 in Tennessee’s Education System

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Peter Greene Looks at a Significant Lawsuit

Last week, I touched on a lawsuit involving 17 states (excluding Tennessee) that may alter or eliminate Section 504 protections. This case is important and could change the landscape for individuals with disabilities.

Peter Greene provides further insights on the situation:

The Rehabilitation Act of 1973, signed into law by President Nixon, includes Section 504. This section is crucial because it guarantees the rights of individuals with disabilities. It states that no qualified person can be denied benefits or discriminated against due to their disability in any program receiving federal funding.

This law plays a vital role in education, broadening the definition of special needs students beyond what the Individuals with Disabilities Education Act (IDEA) covers.

However, there’s a serious threat. The lawsuit shifts its focus on page 37, arguing against Section 504 entirely. It claims that Section 504 is “coercive, untethered to the federal interest in disability, and unfairly retroactive,” labeling it unconstitutional.