Kansas drops out of lawsuit targeting senior and disability rights

Rocky Nichols, executive director of the Disability Rights Center of Kansas, shown here testifying at the Kansas Statehouse, is relieved Attorney General Kris Kobach pulled Kansas out of a lawsuit that seeks to overturn disability rights outlined in Section 504 of the Rehabilitation Act. (Kansas Reflector screen capture from Kansas Legislature video)

TOPEKA — Kansas withdrew from a federal lawsuit that could overturn decades of progress in disability rights, including increasing institutionalization for elderly and disabled individuals, an advocate said.

Rocky Nichols, executive director of the Disability Rights Center of Kansas, said he was pleased Attorney General Kris Kobach chose to pull Kansas out of the Texas v. Kennedy case that challenges an important section in the Rehabilitation Act. The lawsuit started with 17 states, and just six are left: Texas, Alaska, Florida, Louisiana, Missouri and Montana. 

But Kobach dropping out of the case doesn’t alleviate the danger it poses, he said.

Section 504 was signed into law in 1973 as part of the Rehabilitation Act, Nichols said. It ensures that institutions that receive federal funding — such as schools, hospitals, states and local governments — don’t discriminate against seniors and people with disabilities. The lawsuit asks the court to set aside Section 504’s rules and regulations, he said.

“Section 504 is an incredibly short piece of legislation. It’s fewer than 100 words,” Nichols said. “It’s the original disability rights law.”

The U.S. Department of Health and Human Services updated Section 504 in 2024, addressing changes that occurred in the past 50 years, Nichols said, such as the internet, lessons learned during the COVID-19 pandemic and even passage of the Americans with Disabilities Act.

The lawsuit was filed after the update, asking to eliminate the right to community integration and community-based services “unless and until you went into an institution first,” Nichols said.

“That’s the budget-busting part of this whole thing,” he said. “This litigation says, well, you’d have to send grandma and grandpa to the nursing home first, which costs hundreds of thousands of dollars more per year.”

Kansas doesn’t have the bed capacity to accommodate institutionalization, and that also would be returning to approaches used decades ago that didn’t respect the rights of disabled and elderly people, Nichols said. 

Shannon Kennedy’s son relies on the protections given by Section 504, which the Topeka resident said in an online post ensures he receives support in school.

“Without these protections, my son could lose critical accommodations that keep him engaged in learning and set him up for a future where he can thrive,” her post said. “Without his 504 plan, he could be treated as a ‘behavior problem’ rather than a child with a disability who needs support. Without 504, the school would no longer be required to make sure he has equal access to education.”

Nichols said overturning the rules and regulations in Section 504 would affect education, transportation, housing, architectural accessibility and other issues that affect the lives of many Kansans.

“Essentially you had seven states trying to activate this nuclear warhead, right? One of the states walked away, Kansas,” Nichols said. “Thankfully, that’s a great thing, but you still have six states with their finger on the button trying to blow up this nuclear warhead to blow up Section 504. It is still an active threat.”