In Montana, we pride ourselves on independence, fairness, and looking out for one another — especially when distances are long and resources are few. For Montanans with disabilities, one of the most important tools that makes those values real is Section 504 of the Rehabilitation Act. Often overlooked, Section 504 is not a bureaucratic technicality. It is a civil rights promise — one that is now at risk.
Passed in 1973, Section 504 was the first federal law to prohibit disability discrimination. Its principle is simple: any program or service that receives federal funding must be accessible to and inclusive of people with disabilities. That includes public schools, colleges, hospitals, clinics, housing authorities, and state and local governments. In practice, it ensures reasonable accommodations, accessible facilities, and policies that do not exclude people because of disability.
In a rural state like Montana, these protections are essential. When a community has only one hospital, one school district, or one public transit option, exclusion is not an inconvenience — it is a barrier to daily life. Section 504 helps ensure that a student with epilepsy can attend school safely, that a wheelchair user can access a county office, and that a Deaf patient can communicate effectively in an emergency room.
Education is one of the clearest examples of its impact. Thousands of Montana students rely on 504 plans for accommodations related to chronic illness, mental health conditions, or learning differences. These supports are not special treatment; they are what allow students to participate fully and succeed alongside their peers.
Health care access also depends heavily on Section 504. The law requires federally funded providers to offer accessible medical equipment and effective communication, including sign language interpreters. In a state where people may travel hours for care, accessibility can make the difference between receiving treatment and going without.
Beyond individual services, Section 504 reflects a broader civil rights principle: people with disabilities have the right to live and receive services in their communities, not be separated or pushed into institutions. This was affirmed by the U.S. Supreme Court in its 1999 Olmstead decision, which recognized unnecessary institutionalization as a form of discrimination.
That legacy is now being challenged.
Montana’s attorney general is a party to Texas v. Kennedy, a federal lawsuit seeking to invalidate key portions of the U.S. Department of Health and Human Services’ 2024 Section 504 regulations. These regulations clarify how the law is applied today, including reinforcing the right of people with disabilities to receive services in the most integrated setting appropriate. The lawsuit asks the court to block those protections and weaken their enforcement.
If successful, Section 504 could remain in name but be diminished in practice. It would become far more difficult for individuals to challenge systems that limit access or push them toward institutional care. For Montanans who rely on Medicaid-funded home and community-based services, the consequences could be immediate and significant.
This is not an abstract legal debate. It is about whether people can remain in their homes, attend school, access health care, and participate fully in their communities. It is about whether disability rights remain enforceable — or become symbolic.
Disability is not rare, and it is not someone else’s issue. Most Montanans will experience disability at some point in their lives or within their families. Section 504 is a safeguard many of us will rely on, whether we realize it now or not.
Montana’s values emphasize fairness, independence, and community. Those values are best reflected by strengthening protections that allow all people to participate, not by stepping into legal efforts that could weaken them. This is a moment to pause, to listen to those most affected, and to ensure that Montana stands on the side of inclusion.
Section 504 is more than a law. It is a promise — one Montana should choose to uphold, not walk away from.
Cassie Wick is public policy and grassroots advocacy coordinator for Ability Montana.
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