SIOUX FALLS, S.D. (KELO) — South Dakota is part of a lawsuit filed by Texas and several other states that targets section 504 of the rehabilitation act of 1974.
It requires organizations that receive federal funding, like a public school, to make accommodations for students with disabilities. It also impacts businesses and organizations that receive federal funding. Parents were concerned the lawsuit would leave kids with disabilities on their own. But those fears have been calmed, for the most part.
Nurse and mother, Courtney Ehlers has two kids who used to be on 504 plans, she now advocates for other families who have special needs because of a disability.
“My son one of his triggers at the time was cold weather, and so he could go into an asthma attack for that, and so our 504 plan at that time was around recess time, if it was extreme cold he could be given an opportunity to stay indoors to not trigger his asthma,” said Ehlers.
South Dakota Attorney General Marty Jackley joined the lawsuit, he says 504 itself has never been the problem. It’s the recent addition of gender dysphoria as a disability.
“17 states and now president Trump has agreed through an executive order, filed that lawsuit to stop having disabilities be utilized for purposes of funding gender issues,” said Jackley.
Ehlers and other parents were concerned the Texas lawsuit could repeal other parts of the 504 program, but their concerns were addressed.
“According to the filing that the 17 states filed on the 19th they did clarify that their intention is not make the entirety of the act unconstitutional,” said Ehlers.
Tom- Were you relieved to hear that?
“I was, I think that was a small win for all of us that we will protect the majority of individuals that this law impacts, said Ehlers.
Jackley says he wants parents to know he understands the significance of the 504 program, especially for kids.
“I would tell them, as their attorney general number one I would never join a lawsuit that did anything to impact the important payments they are receiving for their disabled children and number two if it ever went that direction I would immediately withdraw us from that lawsuit,” said Jackley.
The case is currently being considered by the U.S. District Court for the Northern District of Texas. President Trump’s January 20th executive order states “Federal funds shall not be used to promote gender ideology.”
