The Importance of Protecting Section 504 and Disability Rights for All
- Sarah Sweeney
- Apr 16
- 4 min read
On December 2, 1975 President Gerald Ford signed the education for all handicap. Children act into law today, we know it as the individuals with disabilities education act (IEA), which ensures that all children, regardless of ability, have the right to a free inappropriate public education. National special education day was first recognized in 2005–30 years after IDEA’S passage– As we honor the progress that has been made and recognize the ongoing work needed to uphold these rights.
Before IDEA, only 1 in 5 children with disabilities attended public school. Many were denied access to education entirely, while others were placed in institutions with horrific conditions or kept at home without support. Even when students with disabilities were allowed in school, they rarely received the accommodations and services necessary to succeed. IDEA changed that by mandating that schools provide individualized education programs (IEPs), developed in collaboration with parents, teachers, and special education staff. This law ensured that no child could be turned away simply because they had a disability.
However, while IDEA was a major step forward, it was not the only legal protection for students with disabilities. Two years before IDEA, Section 504 of the Rehabilitation Act of 1973 was passed, making it illegal for any federally funded program—including public schools—to discriminate against people with disabilities. But Section 504 isn’t just about education. It’s about equal access to everything—workplaces, healthcare, transportation, and any institution that receives federal funding.
It was a groundbreaking law, paving the way for future disability rights legislation like the Americans with Disabilities Act (ADA). Section 504 requires that federally funded workplaces provide reasonable accommodations, that public transportation is accessible, and that hospitals, social services, and other federally assisted programs remove barriers that prevent full participation. It was one of the first major acknowledgments that disability rights are civil rights.
But today, those hard-won protections are at risk.
The Importance of Protecting Section 504
For the first time in decades, updates have been proposed to strengthen Section 504, clarifying schools’ responsibilities and improving protections for students with disabilities. The proposed updates would ensure that schools and workplaces remove unnecessary barriers, address harmful practices like restraint and seclusion in schools, and better enforce accessibility laws.
However, a coalition of 17 states has filed a lawsuit challenging Section 504 itself. While the lawsuit initially targeted the inclusion of gender dysphoria under disability protections, it also raises broader constitutional questions about Section 504 as a whole. If successful, this legal challenge could weaken or even eliminate key protections that people with disabilities have relied on for over 50 years.
The potential consequences go beyond education. If Section 504 is dismantled, people with disabilities could lose protections in the workplace, meaning federally funded employers would no longer be required to provide reasonable accommodations. Hospitals and healthcare providers receiving federal funding could roll back accessibility measures. Public transportation could become less accessible. Students could lose necessary accommodations in school. The ripple effect would be felt across nearly every aspect of daily life for people with disabilities.
We have to recognize what this means: the ability to go to school, hold a job, access healthcare, and move through the world with dignity, respect, and independence should not be up for debate.
Why This Matters Now
As we recognize National Special Education Day on December 2 and the International Day of Persons with Disabilities on December 3, we must remember that disability rights have never been freely given—they have been demanded, defended, and upheld by generations of advocates. Before Section 504, families had to stage protests and legal battles just to get their children into schools. Activists organized sit-ins and hunger strikes to force the government to recognize that disability rights are civil rights. And today, we are still working to ensure those rights are fully realized.
If Section 504 is weakened or dismantled, we risk undoing decades of progress. We risk returning to a time when accessibility was optional, when discrimination had no consequences, and when people with disabilities were shut out of schools, workplaces, and public life. These protections are not about special treatment—they are about ensuring that people with disabilities have the same opportunities to participate in society as everyone else.
The protections established by Section 504 and IDEA were not given freely—they were the result of decades of advocacy, resilience, and a refusal to accept exclusion. These laws have opened doors for millions of people, creating pathways to education, employment, healthcare, and public life. However, progress does not mean perfection, and access does not always mean equality. Discrimination, misinformation, and systemic barriers still exist, reminding us that laws alone are not enough. True inclusion requires ongoing awareness, accountability, and a collective commitment to doing better. There is still so much more that needs to—and can—be done, but change happens when we refuse to settle. By continuing to push forward, we ensure that the future is one where accessibility, opportunity, and respect are not just ideals, but realities for all.
Disability rights are civil rights, and they must be upheld in all aspects of society—even with how far we have come, there is still a long way to go.~
Sarah Sweeney, MSW
Sarah Sweeney is an advocate and life coach passionate about growth and transformation. With a background in social work, she’s worked with children, adolescents, and people with disabilities, creating spaces for connection and change.
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