my letter to the state attorney general

Dear AG: I live in a town in your state.

I am writing to make sure you are aware of the Texas v. Becerra lawsuit. 
I'm grateful that Our State is not a participant but am deeply concerned.  The FAQ I read from the Disability Rights Education & Defense Fund (here) explains the issue in more detail.  Part of the complaint asks the court to declare Section 504 and its updated HHS regulations unlawful and unconstitutional. This request is located on page 42 of the complaint.  

About Me:
I am a parent of two children with disabilities.  One of my children has needed a lot of support in school in order to attend school, and the other now requires only minor support - that provided for by section 504.    During the years my children have been in school, I've observed not only the growth my children have made thanks to their teams, but also become more aware of other students' needs at their schools.  My children have classmates in public school who use wheelchairs and cannot speak (without a device).

 

Why this is important:

Section 504 and these updated regulations are extremely important to the disability community. Section 504 and its rules make sure people with disabilities can be included in schools and can see their doctor.   

• "Section 504 applies to all schools that receive federal funding which includes almost all K-12 schools as well as colleges and universities.  If Section 504 were declared unconstitutional under the Spending Clause, it would no longer apply to many public schools. Children in these schools would no longer have Section 504 plans for accommodations. Students could try to get an IEP under the IDEA, but they might not qualify."  
  • So, in practice, my daughter who has panic attacks can go to the nurse to calm down because of her 504.  She no longer qualifies for an IEP because her issues are fairly well controlled. That said, not having this protection would  greatly increase her school avoidance, depression, and suicidality. 
    • From a practical standpoint, losing that support would make me a less productive workforce member, because I'd need to spend work time worrying or taking her to doctors' visits.
    • It may be tempting to say that they should toughen up.  However, there's a big gap between where an anxious kid is, and where 'toughening up' would have them be.  Many of them simply don't have those skills to do so. I have known many teens (myself included) whose anxiety & depression have pushed them to attempt suicide, or pursue other outlets: drugs, alcohol, sex & accidental pregnancy. Having opportunities to calm down and de-escalate truly lightens the pressure cooker for these kids so they don't need to pursue these harmful behaviors that can affect them the rest of their lives (or shorten their lives). 
      • We already have workforce shortages. We don't need to lose these kids!
  • My son is about to graduate. He's been accepted to college, and has support from Vocational Rehabilitation of NH because of his degree of autism.  Without section 504 and help from the college, he is not as likely to succeed.
    • Again, from a practical standpoint: WITH a 504, he can probably do well in college.  With help from a 504 and the ADA (and with DEI initiatives), he is likely to be employed. (He can code in 3-5 programming languages effectively with a cheerful attitude. But he has a very limited sense of time passing, and can get overwhelmed when people ask him too many things, so an effective employer or teacher would be patient.)
    • However, with threats to DEI and 504, it's less likely that an employer or college is required to be patient and allow him time to adapt.  
    • The last thing taxpayers want is more people out of the workforce and relying on medicaid, but without employers & college taking a few steps to meet him in the middle, that's exactly what will happen.
• The FAQ also tries to calm folks by saying "The lawsuit does not challenge the Section 504 rules published by the Department of Education," but I bring to your attention that there is an open effort right now to abolish the Department of Education.    I ask you to think about my situation - and that I'm in the workforce, trying to be 'productive' and contribute to the economy, and that I'm only able to do so because my kids get extra help (that they need, and that has worked). 

 

I know I'm preaching to the choir, but I urge you to examine possible scenarios and do what you can to prevent worst-case outcomes.