(Pierre, SD) — 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 accommodations. 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.
