The critical role of Section 504 to Iowa’s future

EDITORIAL FELLOW | CHRIS ESPERSEN

‘When systems are designed only for students who follow a typical path, we all lose out on the brilliance and potential of those who don’t.” As a teacher, Amibeth Chounlamany understood what 504 plans provided students in her classroom. “But going through the process as a parent gave me a whole new appreciation for how critical they are — and how much red tape families often face to get them.”

State Rep. Josh Turek has been educating and advocating to protect Section 504s for Chounlamany’s daughter and other Iowans. “Section 504 is the original civil rights antidiscrimination code for individuals with disabilities in this country. It started in the 1970s and required that any entity that was taking federal funds would not discriminate and would provide accessibility.”

He went on to explain that it laid the groundwork for the Americans with Disabilities Act.

A current lawsuit that would declare Section 504s unconstitutional is on hold. But that in combination with the dismantling of the Department of Education makes the future of 504s uncertain. “Losing (her 504) would mean losing the few protections that help her thrive without burnout. It would also send the message that if your needs don’t fit into a narrow category, you’re not worth supporting — which is deeply discouraging to families like ours.” Chounlamany’s family does deserve support, as do all Iowans. “After three long years of advocating, it was finally a tool that recognized the way she processes information and the support she needs to succeed without changing the expectations for what she can achieve.” Chounlamany explains that the 504 plan has been a tool to get support her daughter needs, without changing academic expectations of her. It also has been a lifeline for her family.

She wants people to realize “It’s not a handout — it’s a way to ensure she’s truly able to access her education. It acknowledges my daughter’s needs in a way that doesn’t pathologize her or misplace her in a program that doesn’t fit.”

Section 504s impact more than just education. “It is important to note that Section 504 is broader than a lot of people think. They think of 504 plans and they think that it only applies exclusively to education.

It applies to health care and other arenas,” Turek explained.

Heather Sievers ran for office to protect children and people with disabilities. Her 8-year-old daughter, Rowan, has a rare disability called Smith-Magenis Syndrome, as well as Autism Spectrum Disorder. “Her diagnosis qualifies her for an Individualized Education Program, providing customized learning environments outside the general classroom, different testing methodologies, and therapies.

This is different from a 504 Plan.” Although her family doesn’t need a 504 plan, she wants all children to get the help they need to thrive. “Not all children with disabilities qualify for an IEP, and this is why 504 is critical to ensuring that children who still need support do not slip through the cracks.”

Sievers recently tried, unsuccessfully, to meet with Brenna Bird to have Iowa withdraw from the Texas vs Becerra lawsuit. “The Attorney General continues to voice that this lawsuit is targeting removal of protections for transgender Iowans, but the reality is that this lawsuit is targeting removal of civil rights protections for hundreds of thousands of people in Iowa with disabilities as well as transgender Iowans.”

Rep. Turek has spoken with both Gov. Kim Reynolds and Attorney General Bird and is taking them at their word “that they genuinely do not want to see any civil rights or antidiscrimination protections taken away from individuals with disabilities.” He is monitoring the lawsuit warily and is prepared to continue the fight. “For someone like myself that is an everyday user of a wheelchair, I would keep my civil rights protections. But for those individuals that are the most disabled, the most likely to be institutionalized — ultimately the most expensive — they are looking at pulling away their rights.” He explained in Iowa this could have dire consequences, as Iowa has already closed so many facilities. “We closed Glenwood. We closed all our institutions. We've closed 31 nursing homes and skilled nursing facilities over the last five years.

The way this is written, it would take away these individuals’ rights to integrate within the community and force them back into institutions, institutions that we no longer have. It would be unbelievable deleterious to Iowa in terms of the financial implications in addition to eroding civil rights.”

Iowa is now a canary in the coal mine signaling the erosion of civil rights as we know them.

And the canary is gasping for air.

“If you ended up determining 504 to be unconstitutional on its base, since you've built the American with Disabilities Act essentially around that it means (the lawsuit) could actually end up being fruit of the poisonous tree. They could end up deeming that the Americans with Disabilities Act is unconstitutional on that basis as well,” Turek told me.

Sievers also is worried about the future of 504s and civil rights in general in Iowa. “As we have seen over the last two years, discrimination laws and removal of civil rights protections continue to be a main focus of elected officials at our Iowa State Capitol. This lawsuit is no exception, and I have seen that when one of their plans does not progress as they hoped, they will try again year after year. A perfect example this year, after years of trying to remove civil rights protections for transgender Iowans, they were finally successful this legislative session. Our vulnerable populations are under attack, and we have to fight to protect our civil rights in the state of Iowa.”

She urges other Iowans to help with the fight and contact their legislators. “If your voice is not heard, do not forget that your vote matters and you must get out to vote for people that care about protecting you and your loved ones.

Iowa deserves better.”

Chris Espersen is a Gazette editorial fellow. chris.espersen@thegazette.com