A Threat to Your Child's 504

...and actions to take.

17 states have filed a law suit claiming gender dysphoria cannot qualify as a mental health condition and thus allow for 504 accommodations. Typical 504 accommodations for a child with gender dysphoria might include being allowed to use a nurse or staff bathroom in place of a gendered rest room and locker area or having a safe place to go if bullied or anxious. These are simple things that can make an education profoundly more accessible for some children.

The first part of the law suit argues only that gender dysphoria is not a disability and should not receive protection. But then the argument pivots and goes on to claim that the 504 section of the Individuals with Disabilities Education Act is unconstitutional and should be revoked. If this comes to pass, your child’s 504 will become invalid.

To make matters worse, the attorneys general of the 17 states are the filers of the suit, and the defendants are the former Secretary of Health and Human Services, Xavier Becerra, and the department of HHS itself, which is now led by Robert F. Kennedy, Jr.. Kennedy has backed Trump’s efforts to reverse transgender care, and is not likely to put up a fight against the law suit on behalf of the HHS or 504 rights.

Now, we all know that in special education the 504 is the meagerest of protections. But at least is allows recourse for parents to fight for their child’s education needs.

Reportedly, special education funding generally has cross aisle support. Unfortunately, if legal protections for accommodations are lost then funding becomes a moot point. Time for everyone to speak up.

Here’s a sample of what you might write to your representative:

Dear Representative,

I am the parent of a child with________. Obtaining basic education supports has been a struggle that has cost our family in time and money. Some schools resist supporting special education needs. The legal protections of IDEA, the 504, and the IEP are vital tools for parents seeking a Free and Appropriate Public Education for their child.

Please fight for the rights of all special education children. Do not allow the removal of section 504 legislation. Remember your conservative statistics:

20% of all children have dyslexia

10-30% of all children have dysgraphia

5-7% of all children have dyscalculia

10-15% of all children have ADHD

If you allow for the overlapping of some learning disabilities within the same child you conservatively have 30% of an average American classroom who learn in an atypical way. One third of US kids have the IQ to learn if only they are taught with the right techniques. Yet, only about 13% of all students receive any special education they need, and this number also includes children with health issues. We are failing at more than 17% of American kids who can learn. Those children wind up in trouble. We can fix that, but to do so we must protect the civil rights of all children with disabilities. The 504 and a parent’s ability to file for the protection of their child’s right to an accessible education is vital to millions of American children.

Screen all children early and young. Intervene with all kids who need it. Integrate cognitive research with teacher education programs. Include neuro-atypical learning skills in teacher’s continuing education, expand scholarships for teachers and special education.

And help parents help their kids. Protect learning disabilities rights. Protect the 504 for all.

Sincerely Your Constituent,

Name

Address

Here’s how to send email to your representative:

From the ACLU on how to write an effective letter to your representatives

https://www.aclu.org/writing-your-elected-representatives

From FiscalNote a site to connect you to your representatives via your zip code. They make it easy. You can send an email to multiple representatives.

https://fiscalnote.com/find-your-legislator

For Placer County, CA:

https://kiley.house.gov/contact

I’m working on a book about special education and seeking families, teachers, and school professionals with stories to tell. If you’ve been through this struggle, I’d love to hear from you. Everything will, of course, be confidential. You can reach me at: 241kcawley@gmail.com