Hill Day Talking Points

Section 504 of the Rehabilitation Act: Ensuring Disability Protections

Section 504 of the Rehabilitation Act plays a critical role in protecting individuals with disabilities from discrimination by organizations that receive federal funding, such as schools and healthcare providers. Recent developments have brought this essential protection into the spotlight:

• Key Date:

  • The Texas v. Becerra lawsuit is currently "paused," not dismissed. While some governors have expressed support for Section 504, no formal amendments have been enacted, leaving these critical protections in a state of uncertainty.

• Legal Update:

  • The ongoing court case regarding the 2024 Section 504 rule updates continues to progress. If successful, these updates will strengthen protections for people with disabilities.
  • However, 17 states, including Missouri, have filed a lawsuit attempting to overturn these updates. If this effort succeeds, it could dismantle key protections, negatively impacting healthcare and education accessibility. 

• What’s at Stake:

  • A ruling against Section 504 would strip away accessibility and accommodations, such as sign language interpreters, accessible websites, and wheelchair-friendly facilities, in federally funded institutions. 

Check out this valuable resource from the Disability Rights Education and Defense Fund (DREDF), which offers additional information, a step-by-step guide on how to contact your state Attorney General, a sample letter, and other helpful resources.

What’s at Stake for Healthcare Education 

All four bills—HB 1024, HB 742, HB 711, and HB 1048—pose important challenges to educational access and inclusion. HB 1024 and HB 742 threaten DEI initiatives, particularly in healthcare education, which is necessary for training culturally competent professionals. HB 711, while focused on public school enrollment, could also impact students with disabilities by limiting access to appropriate services or support. HB 1048, while expanding access to disabled parking placards, underscores the importance of recognizing the role of occupational therapists in healthcare accessibility and highlights the need for consistent recognition of their expertise across healthcare legislation. 

These bills, if passed, could:

• Disrupt the inclusive training of healthcare professionals, particularly those in occupational therapy and other allied health programs that adhere to DEI standards.
• Restrict access to education for students with disabilities or special needs, both through the potential reduction of services and the challenge of transferring schools without continuity of services.
• Limit opportunities for equitable education by placing restrictions on the ability of families to choose schools that align with their educational needs.

HB 1024: Preventing State Funds for DEI Programs in Education

• Overview:

  • HB 1024 seeks to prohibit the use of state funds for Diversity, Equity, and Inclusion (DEI) programs in public schools and postsecondary institutions. Educational institutions that use state funds for DEI initiatives would face financial penalties.

• Potential Impact:

  • This bill could significantly restrict DEI efforts in Missouri’s educational institutions, which could impact programs that align with Accreditation Council for Occupational Therapy Education (ACOTE) standards for healthcare training.
  • It would limit inclusive educational programs designed to train healthcare professionals to serve diverse populations.

• What You Can Do:

  • Advocate against HB 1024 by contacting your Missouri legislators to express concerns about how this bill could harm inclusive education and healthcare training.

HB 742: Restricting State Expenditures on DEI Programs

• Overview:

  • HB 742 restricts the use of state funds for DEI-related programs in state departments and educational institutions. The bill seeks to prevent the funding of programs that promote preferential treatment based on race, sex, gender, or other factors.

• Potential Impact:

  • This bill could limit funding for DEI staff and initiatives within Missouri’s public institutions, including healthcare training programs.
  • It could potentially impact occupational therapy and other healthcare programs that rely on DEI components to meet national standards, such as those established by ACOTE.

• What You Can Do:

  • Take action by contacting your representatives to express how this bill could negatively affect healthcare education and diversity initiatives.

HB 1048: Parking Access Placard

• Overview:

  • HB 1048 to amend existing regulations to include occupational therapists in the list of healthcare professionals authorized to provide the necessary physician's statements for obtaining disabled parking placards and license plates.

• Potential Impact:

  • If passed, this bill would reduce administrative hurdles and help more Missourians maintain their independence and community engagement. 
    

• What You Can Do:

  • The Missouri Occupational Therapy Association recently attended the hearing and got a positive impression—so we’re hopeful it will move forward. Still, we encourage everyone to stay vocal in support.

HB 711: Open Enrollment for Children in Public Schools

• Overview:

  • HB 711 establishes a Public School Open Enrollment Act that allows students to transfer to nonresident school districts under specific conditions. The bill includes provisions for:
    • A lottery system for transfer applications.
    • Limiting transfers to no more than 3% of a district’s previous year's enrollment.
    • Criteria for accepting or rejecting transfer requests based on factors like parental work location and educational alignment.

• Key Provisions:

  • Non-discrimination protections: The bill prohibits discrimination in transfer decisions based on academic performance, disability, or other characteristics.
  • Special education services: Students with special needs are to receive comparable services in their new district, but the bill does not require receiving districts to continue the Individualized Education Plans (IEPs) from the previous district.
  • Transportation: A Parent Public School Choice Fund is established to assist low-income families or families with children who have special needs with transportation costs to the new school district.

• Program Start Date:

  • The program is scheduled to begin on July 1, 2026, with provisions for ongoing evaluation and reporting.

• What You Can Do:

  • Contact legislators to express concerns or support regarding how HB 711 will impact access to education for students with disabilities and special education needs.

Proposal: Director of Related Services Within DESE

Finally, we’re advocating for the creation of a Director of Related Services within the Department of Elementary and Secondary Education (DESE). Right now, OT, PT, and Speech services vary widely from one district to another. A dedicated director would help standardize best practices, serve as a resource, and improve outcomes for all students who rely on these services. This role would bring much-needed oversight and support to school-based therapists across the state.

Establishing a Director of Related Services would address the current leadership void in OT, PT, and Speech services within Missouri schools, where a lack of statewide direction leads to inconsistent student support. This role would standardize training and policy across all districts, ensuring quality and consistent therapy services, ultimately improving outcomes for students with disabilities.