Thank you for this. I sat in on an organizing call this week about the lawsuit. Were the lawsuit to succeed, the disability rights experts said, it’s not just 504 and not just disability rights that could go next. https://dredf.org/protect-504/
This was a huge concern upon hearing that der Fuhrer planned to shutter the DOE. To echo others, it won’t be just 504s that get the boot. And to your initial point, spot on as always - these mean-spirited and punitive efforts are total bullshit. Thanks Chris.
Section 504 is one component of the statutory rights to a reasonable accommodation to studnts with disabilities. However, it is not the only foundation of that right. The foundation of the constitutional right is based upon the 14th amendment's right to equal protection of state laws. In two important cases, one in Pennsylvania and the other in the District of Columbia, courts ruled that failing to provide a free and appropriate education to students with disabilities violates the 14th amendment.
It is commonly misunderstood that the rights of students with disabilities rests on section 504 and the special education law, IDEA. But IDEA was passed by Congress to provide assistance to states with the costs of education required by equal protection, and indeed to provide an enforcement wrapper around that right.
In Minnesota, the right to an adequate education is also protected by the state constitution, which our court has held provides a fundamental right enforceable in the courts. If Section 504 were repealed, there would still be a federal right to special education along with federal financial assistance. If IDEA were repealed, or federal special education eliminated, there still would be a constitutional right to equal protection, and in Minnesota a state constitutional right.
Many educational advocates, as well as our attorney general and Governor have, unwisely sought to suppress public understanding of Minnesota's constitutional right. If there is a change in the governor's office and a change in the party in power in the legislature, those leaders are going to come to regret their failure to recognize the importance of the Minnesota constitutional right.
Thank you for this. I sat in on an organizing call this week about the lawsuit. Were the lawsuit to succeed, the disability rights experts said, it’s not just 504 and not just disability rights that could go next. https://dredf.org/protect-504/
It's truly horrifying, made worse because it's receiving such little attention.
This was a huge concern upon hearing that der Fuhrer planned to shutter the DOE. To echo others, it won’t be just 504s that get the boot. And to your initial point, spot on as always - these mean-spirited and punitive efforts are total bullshit. Thanks Chris.
Section 504 is one component of the statutory rights to a reasonable accommodation to studnts with disabilities. However, it is not the only foundation of that right. The foundation of the constitutional right is based upon the 14th amendment's right to equal protection of state laws. In two important cases, one in Pennsylvania and the other in the District of Columbia, courts ruled that failing to provide a free and appropriate education to students with disabilities violates the 14th amendment.
It is commonly misunderstood that the rights of students with disabilities rests on section 504 and the special education law, IDEA. But IDEA was passed by Congress to provide assistance to states with the costs of education required by equal protection, and indeed to provide an enforcement wrapper around that right.
In Minnesota, the right to an adequate education is also protected by the state constitution, which our court has held provides a fundamental right enforceable in the courts. If Section 504 were repealed, there would still be a federal right to special education along with federal financial assistance. If IDEA were repealed, or federal special education eliminated, there still would be a constitutional right to equal protection, and in Minnesota a state constitutional right.
Many educational advocates, as well as our attorney general and Governor have, unwisely sought to suppress public understanding of Minnesota's constitutional right. If there is a change in the governor's office and a change in the party in power in the legislature, those leaders are going to come to regret their failure to recognize the importance of the Minnesota constitutional right.