​

Attorney General McCuskey announces major update on Section 504 lawsuit

CHARLESTON — West Virginia Attorney General JB McCuskey on Thursday announced an important update on the lawsuit involving the protection of Section 504. 

Since being alerted of concerns from parents, caregivers and providers, Attorney General McCuskey has been working with the other states involved in the lawsuit, filed in September 2024, to make clear that Section 504 will be preserved. A joint status report, agreed to by all parties in the case, confirms that the plaintiff states intend to protect Section 504. 

“Plaintiffs clarify that they have never moved—and do not plan to move—the Court to declare or enjoin Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, as unconstitutional on its face. Plaintiffs have not sought and do not seek to enjoin the disbursement of funds from the Department on the basis that the statute is unconstitutional." 

“We have been working around the clock to protect Section 504 and the children and adults who rely on it," Attorney General McCuskey said. “It was important that we remained as a plaintiff on this case to help craft filings, like the one filed last night, to more quickly find a resolution to the concerns of so many of our parents and caregivers. We know you have enough to worry about, and it was very important to me to file this joint status report to eliminate any question about Section 504 going away. It is here to stay." 

The case remains stayed. 

Read a copy of the joint status report here.​