Georgia parents slam Carr’s lawsuit, saying it puts disability services at risk

“We are fighting one woke policy added by Biden for virtue signaling,” said Carr spokeswoman Kara Murray, who added that the challenge may be moot now that Donald Trump is back in the White House.

That hasn’t stopped the scathing backlash. Parents have inundated Carr’s office with calls and emails, pointing to language in the lawsuit questions whether Section 504 is unconstitutional because it “forces an impossible choice on the states” by requiring them to implement the act or risk crucial federal funding.

On Monday, Democrats and disability advocates rallied outside a Gwinnett County high school to demand Carr remove Georgia from the complaint.

“The Attorney General realizes that he has stepped in it,” said Democratic state Sen. Josh McLaurin. “He has signed a lawsuit he should not have, and what families need right now is answers and honesty. And they need a guarantee that he’s going to dismiss this lawsuit.”

Credit: Arvin Temkar/AJC

Credit: Arvin Temkar/AJC

Carr’s office downplayed the backlash and insisted that the litigation “does not threaten Section 504″ even though the lawsuit argues the measure is unconstitutional.

“Unfortunately, the left is stoking fear among families with children with disabilities by spreading a false narrative to score political points,” said Murray. “The issue is nonpartisan.”

‘A betrayal’

The back-and-forth stems from litigation that Georgia and 16 other states filed in September involving the provisions in the Rehabilitation Act of 1973 that ban discrimination based on someone’s disability in programs that receive federal funding.

The law, which extends to schools, hospitals and other agencies, initiated special education programs in public schools known as “504 plans” that provide accommodations for students with disabilities.

Brad Rhoads is the father of a daughter with a disability who benefited from the law as she navigated DeKalb County school system. He called it a “literal lifeline for kids facing barriers to learn” and called Carr’s participation in the lawsuit a “betrayal.”

“It’s a step back into a place that we don’t want to go again, where inclusivity is just an afterthought,” he said. “This lawsuit is misguided, it’s dangerous and it will tear down protections that so many kids and families depend on.”

Tens of thousands of students relied on 504 plans for their accommodations during the 2023-24 school year, a number that has steadily climbed in recent years, according to figures provided by the state Department of Education.

For some students, 504 plans help guarantee their rights to peanut-free lunch tables if they suffer from allergies. For others, it helps preserve their access to wide-ranging disability services. But advocates say schools are just the start.

The challenge, initiated by Texas GOP leaders, argues that federal lawmakers in 1973 deliberately excluded gender identity disorders that aren’t tied to physical impairments, a category that includes gender dysphoria.

The federal government defines gender dysphoria as significant distress or impairment resulting from a mismatch between a person’s gender identity and their assigned sex.

Carr’s office said the Biden administration rule would have “stripped existing 504 resources away from students who deserve them and need them most.”

Carr’s position is part of an ongoing Republican effort to target transgender rights, a key theme of Trump’s 2024 platform. Carr, too, has tried to burnish his conservative credentials ahead of a messy Republican primary by challenging Biden policies.

“Thankfully, the case is stayed at this time, and the rule is not currently in effect,” said Murray, his spokeswoman. “We expect the new administration will reverse Biden’s action that put funding for children at risk in the first place.”

Credit: Natrice Miller/AJC

Credit: Natrice Miller/AJC

Democrats are pushing for Carr to pull out of the lawsuit before Feb. 25, the next deadline for parties to submit a status update on the case.

“We are hearing pushback saying we are fear-mongering, but you can see it in black and white in the lawsuit,” said Democratic state Rep. Ruwa Romman.

‘Womb to tomb’

Republican supporters in other states in the lawsuit are also facing criticism. Utah Attorney General Derek Brown said parents “shouldn’t have to worry if their children are receiving the services they need.” And South Carolina Attorney General Alan Wilson told supporters he was “not going to be a part of a lawsuit that will get rid of 504.”

But disability rights advocates fear the lawsuit could have far-reaching consequences if it moves forward, since the law was designed to prevent discrimination against people with disabilities in any federally funded program or activity.

“It affects people with disabilities from womb to tomb and the way they receive goods and services that are paid for with federal money,” said Leslie Lipson, an attorney who advocates for people with disabilities.

Katie Kissel, a mother of two Georgia elementary school students on 504 plans, was one of dozens of parents who emailed Carr’s office slamming the litigation. Her daughter has a mild form of cerebral palsy and her son struggles with anxiety — and both depend on accommodations to thrive in school.

She said the plans aren’t “magic Band-Aids” that solve her children’s challenges, but they provided much needed support. Now, she said, it seems state leaders are “hell-bent on stripping that away as well.”

“It’s bad enough that he signed onto this lawsuit, either out of ignorance or out of evil,” she said, urging Carr to “do the right thing and pull out of this lawsuit.”