Where would my oldest son be without his individualized education plan (IEP)?
I can tell you where — in a world of hurt. His IEP provided state-mandated learning support for 13 years. Children with exceptional needs get tested and score within a certain range on assessments to qualify for an IEP. Those who don’t qualify but have learning differences still have the option of obtaining a 504 plan.
A 504 plan is a formal plan for how schools remove obstacles so students with learning or health differences can stay in general education classrooms with typical peers. President Richard Nixon signed the Rehabilitation Act of 1973 in September of that year. Section 504 of that law codified the civil rights of persons with disabilities. It promised that no person with a disability could be excluded from participating in any program or activity that receives federal funding or grants.
Section 504 provides accommodations for everything from medical provisions to occupational therapy. This section ensures colleges will provide buildings with accessibility to students, staff, and faculty who use wheelchairs. It is a far-reaching law that has had a huge impact on education and is a great benefit to many people in need.
During his last year in office, President Joe Biden (or whoever was acting president that day), signed an order adding “gender dysphoria” to the definition of “disability” outlined in Section 504. This revision declares that gender dysphoria can be considered either a mental or physical impairment constituting a disability.
The attorneys general of 17 states have filed a lawsuit (Texas v. Becerra) that contests the legality of Section 504 of the Rehabilitation Act. It primarily challenges the gender dysphoria section, stating it cannot be confirmed by a diagnostic test. The complaint argues that the Americans with Disabilities Act specifically excludes from that definition transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, and gender identity disorders that don’t come from physical impairments or sexual behavior disorders.
Basically, adding gender dysphoria to the 504 section was a huge overstep.
If the court grants every request in the lawsuit, there is concern that it will overturn Section 504 completely. It is a law that simply needs to be tweaked, not removed.
Gender dysphoria needs to be addressed appropriately but at its source. Mental illness is the source. Gender dysphoria is the belief that one’s gender identity doesn’t match their biological sex. It can begin during childhood, but some people don’t experience it until puberty or even later in life. In decades past, doctors would recognize that if one’s “feelings” about his or her gender didn’t match their biological sex, it was the feelings that needed to line up with biological truth. Humans are born with two sets of chromosomes. They either have an X and a Y chromosome or an X and an X chromosome. Males have one X and one Y chromosome in their cells, while females have two X chromosomes in their cells. This is basic biology.
In recent years, we’ve been told not to trust what we see with our own eyes. We’ve been told biology shouldn’t be trusted as much as someone’s emotions. If someone feels like they’re female, even though they have XY chromosomes, as well as male sex organs – they should be allowed to be called a female. The Biden administration determined that gender dysphoria be classified the same as Down Syndrome or Autism, receiving federal funds – which is utterly ridiculous.
Leave it to liberals to screw things up for our most vulnerable.
The states behind Texas vs. Becerra are seeking to undo the overreach of the Biden administration but must be careful not to strip away fundamental protections for disabled individuals. I know some have spoken with Alabama’s Attorney General Steve Marshall about this. Marshall doesn’t strike me as the type of man who wants to undo essential provisions for those in need.
What will be interesting is if the federal Department of Education is abolished. Then everything, including funding, will be sent back to the states.
Alabama must be ready for this probability. That is State Superintendent of Education Eric Mackey’s job, as well as our state Board of Education — so parents should start making phone calls and sending emails.
I don’t think 504 plans will be going away any time soon. But parents need to stay vigilant regarding essential learning support, as well as what children are learning at school. If Covid taught us anything, it’s that we were asleep at the wheel for far too long. We no longer have that luxury.
Kristin Landers is a substitute teacher and freelance writer. Landers’ previous work includes serving as Communications Director for the Alabama Policy Institute and working for Citizens Against a Legalized Lottery (CALL) to defeat legalized gambling in the state of Alabama.
The views and opinions expressed here are those of the author and do not necessarily reflect the policy or position of 1819 News. To comment, please send an email with your name and contact information to [email protected].
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