It is unclear when the U.S. Department of Education will issue new regulations related to Section 504 of the Rehabilitation Act of 1973. (Anne Meadows/Flickr)
Months after the U.S. Department of Education was expected to propose new rules for one of the major laws affecting students with disabilities, nothing has materialized.
The agency planned to publish in August what is known as a notice of proposed rulemaking that modifies regulations implementing Section 504 of the Rehabilitation Act of 1973.
Section 504 prohibits disability discrimination in schools and other programs that receive federal funds. In the context of education, the law requires that students with disabilities receive a free appropriate public education and various types of accommodations.
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However, to date, the Department of Education has not yet issued a proposal and the agency has not said anything about a new planned release date.
“While we have no updates on the proposed rule, the department is committed to ensuring that all students, including those with disabilities, can thrive and be successful in schools. And our enforcement of key civil rights protections continues,” an agency spokesperson told Disability Scoop.
The delay comes more than a year after the Department of Education said it would update rules regarding Section 504, which have seen little change since 1977.
The upcoming proposal is expected to better align with the Americans with Disabilities Act and other laws that protect the rights of people with disabilities and update outdated language while “addressing persistent barriers to students with disabilities’ access to education,” according to the Department of Education’s consolidated report. diary.
Many students with disabilities receive services under Section 504 and the Individuals with Disabilities Education Act, but federal civil rights data indicate that during the 2017-2018 school year more than 1.38 million students were covered only by Section 504.
“Our understanding is that updates to the 504 rules are in the works, and that it just takes some time to complete the process,” said Denise Marshall, executive director of the Council of Parent Attorneys and Advocates, a nonprofit advocacy organization. rights. of students with disabilities and their families. “504 provides important protections, however, they need to be updated and clarified to combat the continued exclusion, discrimination, and real harms students with disabilities suffer in the public school system.”
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