According to a joint status report submitted by plaintiffs and defendants, a lawsuit that was seen as a constitutional challenge against Section 504 of the Rehabilitation Act will no longer be pursued. The states involved as plaintiffs in the case filed in September 2024 were: Alaska, Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Louisiana, Missouri, Montana, Nebraska, South Carolina, South Dakota, Texas, Utah, and West Virginia

Disability rights advocates and families with children who receive Section 504 accommodations in schools raised concerns about the states’ lawsuit against the U.S. Department of Health and Human Services (HHS). That lawsuit challenged an HHS rule that includes gender dysphoria in the definition of a disability under Section 504 and originally argued that Section 504 was unconstitutional.

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