MITCHELL, S.D. (MITCHELLNOW) Attorney General Marty Jackley wants to clear up some concerns over South Dakota’s position in a multi-state lawsuit involving Section 504. On Friday, Jackley said that the lawsuit will not eliminate school disability accommodation. According to Jackley, the lawsuit challenges the Biden administration’s categorization of gender dysphoria as a disability under Section 504. He emphasized it will not impact South Dakota school-age children with disabilities. Jackley says disabled students will continue to receive the services they were provided before the lawsuit was filed. South Dakota was one of 17 states that joined the Texas lawsuit in 2024. Last month, President Trump signed an executive order removing “gender identity disorders” from Section 504.
Attorney General Marty Jackley Clarifies South Dakota’s Stance on Multi-State Lawsuit Regarding Section 504 Disability Accommodations
South Dakota Attorney General Marty Jackley reassured the public that the state's involvement in a multi-state lawsuit challenging the Biden administration’s stance on gender dysphoria under Section 504 will not affect disability accommodations for school-aged children in the state. Jackley emphasized that the lawsuit, which South Dakota joined in 2024, is focused on gender dysphoria as a disability, not the rights of students with disabilities. Disabled students will continue to receive necessary services without disruption, despite the ongoing legal challenge.