Hello friend,

My name is Marisa Jackson, and I am a mother of 3, two of which have disabilities. My middle son, Max, who is pictured on our petition has FOXG1 syndrome, and my oldest son has autism. I am also a passionate advocate for children with disabilities in West Virginia. 

Myself and another advocate have created a group to keep you up to date on the lawsuit. The group has very detailed information and almost daily updates on what is happening. Please look at this comprehensive resource one of our members made to learn more and get involved: https://wvprotectsection504.carrd.co/

Here is an overview of what is happening:

• May 2024- The Biden Administration updated Section 504 (which is codified and can only be overturned by the US Supreme Court) with a Final Rule. The Final Rule is not codified, and is the first update we have had to Section 504 in 50 years. A Preamble to Section 504 and the Final Rule was also included. The Preamble has a phrase that says gender dysphoria may be considered a disability and may be protected under Section 504. The preamble is not enforceable. The 17 states didn't like that gender dysphoria was mentioned. 
• The Final Rule is a comprehensive list of protections federally funded entities must follow to prevent discrimination and harm for people with disabilities. It is a huge win for the disability community. 
• Sept 2024- Former WV Attorney General now WV Governor, along with 16 other states, sued the United States Government.
• The Lawsuit: There is a long list of complaints about gender dysphoria being included in this update. However, they took their complaints further and in Count 3 of the lawsuit, they demanded that the court find Section 504 unconstitutional. In Count 4, they demanded The Final Rule be declared unconstitutional. They want the entire Statute of Section 504 eliminated and that would affect ALL federally funded entities like the Department of Education - 504 plans, ieps, etc.
• The lawsuit is on a pause at the moment until Feb 25, 2025 when all of the 17 states have to tell the judge how they want to proceed.  
• WV Attorney General John McCuskey's office is telling the public, when they call their office, that we are in this lawsuit because of the gender dysphoria issue, and that they don't want to get rid of 504. This is misleading. They are aware that the lawsuit also calls for Section 504 and The Final rule to be declared unconstitutional. Gender dysphoria in the preamble is not enforceable. 
• Advocacy:
  • Please continue to call the US Attorney General's Office to share your story and ask that they withdraw WV from the lawsuit because it would be devastating for our disabled family and friends. ph: 304.558.2021
  • Share this petition and encourage your network to support it! We will be showing this petition of support for the withdraw to the WV Attorney General's Office.
  • Utilize our all in one resource that tells you everything you need to know and gives you links to educate and advocate for this cause. https://wvprotectsection504.carrd.co/
  • Join our Facebook group, WV Section 504 info for all the latest info!

Thank you for signing our petition, sharing your story, and advocating with me and our fellow West Virginians to protect the rights of our disabled citizens!

Keep Up the Fight,

Marisa