We want to share a timely non-partisan advocacy update that may affect individuals with ADHD and co-occurring conditions in Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, South Dakota, and Texas

🆕 What’s new

In January 2026, these nine states asked a federal court to block parts of the 2024 updates to Section 504 of the Rehabilitation Act, issued by the United States Department of Health and Human Services (HHS). This updated filing is part of the ongoing legal challenge often referred to as Texas v. Kennedy.

The court has not yet ruled.
No protections have changed at this time.

However, the outcome of this case could influence how disability protections are understood and put into place moving forward—and may have broader results in time.

💡 What the 2024 updates clarified

The 2024 HHS updates strengthened and clarified expectations that people with disabilities should be able to:

• Receive services in the most integrated, community-based setting appropriate, when appropriate
• Use clear procedural protections (such as grievance processes and other safeguards) to address barriers to access and discrimination concerns before harms become more severe

📣 What you can do right now

If you live in Alaska, Florida, Indiana, Kansas, Louisiana, Missouri, Montana, South Dakota, or Texas, your voice matters.

Contact your governor, your attorney general, and your local representatives using the email at the end of this message. Let them know why strong Section 504 protections are essential for both adults and children with ADHD and possible co-occurring conditions. Let them know that these protections help people get help and support at school or employment earlier, before challenges get worse and become more serious and costly.

Urge state leaders to work with federal policymakers to find ways the 2024 updates can be put into place that are practical, sustainable, and meet state realities—without weakening Section 504.

❓ Why are some states challenging the 2024 updates?

States involved in this lawsuit raised concerns about how the 2024 updates to Section 504 may affect state-administered systems. Their concerns reflect real challenges states face in managing complex systems that have limited resources and serve large and diverse populations. Some states involved in earlier court challenges have dropped out. This shows there is still no shared agreement on the best way to put these updates in place.

Disability advocates, including CHADD, stress the 2024 updates were intended to clarify long-standing civil rights protections and promote earlier, more effective access to supports. Blocking or weakening these updates could make it harder to ensure individuals with disabilities, including ADHD, can receive support before problems get worse. 

🧠 Learn why this matters for the ADHD community

This is not a partisan issue—it is about preserving practical, effective disability protections that support people with ADHD and their families, at all ages.

Thank you for taking action.