SECTION 504 OF THE REHABILITATION ACT OF 1973: A double-edged sword for the protection of students with gender identity disorder.

Joshua A. Jones, McGeorge School of Law

Abstract

Under current law, Section 504 of the Rehabilitation Act of 1973 is the best protection for transgender students. Yet, the necessary label of "disabled" is stigmatizing and strongly rejected by most transgender individuals. In fact, the APA is considering deleting the mental health category of gender dysphoria. Whether deleted or not, transgender students are currently not receiving adequate protection under Section 504, and a new framework is necessary. I present options for such a new framework of protection for these unique learners.