South Carolina Attorney General Alan Wilson is throwing his support behind a new federal rule intended to reverse a Biden-era policy that classified gender dysphoria as a disability. The move marks a significant shift in the interpretation of Section 504 of the Rehabilitation Act, a law primarily utilized to secure school accommodations for children facing challenges such as diabetes or ADHD.
When Congress initially established the Rehabilitation Act, the legislation specifically excluded gender identity disorders that did not arise from physical impairments, as well as various sexual behavior disorders. Attorney General Wilson maintains that the previous administration’s expansion of these definitions overstepped federal law and deviated from the original intent of the statute.
Legal Strategy and Policy Shift
With the transition to the Trump administration, federal health officials have begun the process of dismantling the challenged rule. Because the federal government is now actively working to strike gender identity disorders from the list of covered disabilities under Section 504, Wilson has determined that South Carolina’s legal intervention is no longer necessary.
The Attorney General noted that the state’s involvement in the original lawsuit was aimed strictly at restoring the specific language passed by Congress. With the current administration moving to align federal policy with those original standards, the state has officially withdrawn its participation in the litigation.
Continuity of Student Services
State officials are emphasizing that this policy change will not interfere with the long-standing protections provided to students with traditional disabilities. The state has indicated that there was never a plan to diminish or remove the accommodations that have historically been provided under Section 504.
Wilson expressed approval for the current administration’s efforts to distinguish between gender ideology and the fundamental mission of the Rehabilitation Act. By narrowing the scope of the law, proponents of the change believe the Department of Health and Human Services can better focus its resources on individuals with the specific physical and cognitive impairments the act was designed to aid.
Implementation and Future Guidance
As the Department of Health and Human Services moves forward with the formal process to undo the previous rule, school districts and state agencies will likely receive new directives on how to process accommodation requests. The outcome of this regulatory shift is expected to centralize the application of Section 504 on the physical and mental impairments traditionally recognized by federal law.
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