DES MOINES, Iowa — An education attorney in Des Moines is voicing concerns about a federal lawsuit the Iowa Attorney General joined, saying it can negatively impact disabled students.

In May 2024, then-United States Secretary of Health and Human Services, Xavier Becerra, finalized a rule that added “gender dysphoria” to the definition of “disability” under Section 504 of the Rehabilitation Act of 1973.

Section 504 is the law that prohibits schools from discriminating against students with disabilities. According to the Iowa Department of Education, all accredited schools in Iowa must comply with this law.

Amber Gustafson is an Ankeny parent who has personal experience with Section 504.

“My son, who is now out of school but at the time when he was in school, he was able to have a 504 plan that allowed him extra time to be able to take tests,” she said.

A 504 Plan describes a student’s disability and the educational or related services a student needs to receive free and appropriate public education, according to Disability Rights Iowa.

Alison Kanne is an education attorney with Wandro & Associates, P.C. in Des Moines. She helps parents get 504 plans for their disabled children and helps parents when schools fail to follow a student’s 504 plan.

She said a 504 plan gives disabled children the same access to education as non-disabled children.

Examples of 504 plans can be extra time on tests for students with learning disabilities, or the opportunity to comfortably deal with a medical need. Kanne provides an example of a student with a kidney disorder who has to use the restroom multiple times a day. Instead of asking to go each time, the student’s 504 plan can allow them to put a card on their table so their teacher knows they’re using the bathroom.

“It’s things like that. Really small things, well they seem small, but they are actually huge and impact students very regularly throughout the day,” she said.

In September of 2024, 17 states pushed back against Becerra’s addition of gender dysphoria to Section 504 with a lawsuit. Iowa Attorney General Brenna Bird joined the lawsuit that month.

Five months later, this lawsuit has raised concerns for parents across Iowa. On Tuesday, February 11th, Gustafson and 14 other parents went to Bird’s office in Des Moines. Gustafson says they wanted to give her letters asking for clarification of the lawsuit.

Gustafson was escorted by state troopers to a staffer of the Attorney General, where she was able to hand in the letters.

WHO 13 News received this statement from the Attorney General’s Office that same day:

“The Iowans who were fed lies to show up at our office today [2/11/2025] in freezing temperatures deserve the truth. And the truth is that no one’s 504 plan is being changed or removed. Attorney General Bird is glad to protect 504 as it was originally intended by stopping the Biden-Harris Administration’s illegal attempts to distort school accommodations and sexualize kids.”

Alyssa Brouillet, Communications Director

Bird also released a press release the next day. She said, “No parent should have to worry about whether their kid will get the support they need in school. This lawsuit puts the full force of 17 states behind ending the woke, Biden-Harris mandate that sexualizes kids. We are protecting Section 504 accommodations for students who need it.”

However, Kanne said the gender dysphoria mandate can be removed by the current administration without a lawsuit. As a result, she questions the intention of the lawsuit.

“I want to be very clear. This is an attack on disabled students,” Kanne said.

According to Kanne, the gender dysphoria mandate is in what’s considered “the preamble,” which is not “the law.”

“The statute is what’s law. And so, if the statute is declared unconstitutional, the 504 plans are unconstitutional. So, for Brenna Bird’s office to come out and say, ‘We want to maintain 504’s, this isn’t about that,’ That’s just not true. Turn to page 37 of the lawsuit where they specifically say, ‘Hey court we want this section of our federal code to be declared unconstitutional,’ If that’s not what she wants, then maybe she hasn’t read the lawsuit,” said Kanne.

Page 37 of the lawsuit is where Count 3 is introduced, which reads, “Section 504 is Unconstitutional.”

Kanne says this lawsuit can potentially have a negative impact on students with disabilities across the country.

“As an attorney who represents disabled students in this context, I can tell you that I have never represented a trans student or a student with gender dysphoria. Not that I wouldn’t, it just hasn’t happened yet, and that goes to show that is such a small percentage of what we are talking about here. The majority of students we’re talking about are students on the autism spectrum, down syndrome, behavior difficulties, or medical disabilities,” she said.

While the lawsuit was suspended because of the change in administration, there will be a hearing on Tuesday, February 25th to determine what will happen next with the case.

In the meantime, parents continue to send mail to Bird’s office, asking her to withdraw from the lawsuit.

“We’re writing letters. I picked up some letters from some neighbors and friends. Some of them don’t even have kids in school, but they’re concerned about this, too. This is a community effort because we are all concerned about kids with disabilities,” said Des Moines mom, Shelley Skuster when she dropped off letters for the Attorney General into a mailbox on Monday.

Skuster has children who needed Individualized Education Plans (IEPs) instead of a 504 plan. She said she is worried for this lawsuit to progress, because she fears making Section 504 unconstitutional may impact IEPs in the future.