Ed Department begins review of often misunderstood Section 504 rules

Published on
May 6, 2022

(Excerpts from Higher Ed Dive)

  • The U.S. Department of Education’s Office for Civil Rights announced Friday that it is requesting public comments regarding general feedback on Section 504 of the Rehabilitation Act of 1973 for students with disabilities in K-12 and higher education institutions. 
  • The comments are to provide information for a proposal to amend regulations for Section 504, which would then need to go through another round of public input before being finalized by the Education Department.
  • The Section 504 regulations have remained largely unchanged for 45 years, since their release in 1977, according to an Education Department news release.
  • “As we observe the 45th anniversary of these important regulations this month, it is time to start the process of updating them” said Catherine Lhamon, assistant secretary for Civil Rights, in a statement. “Just as in 1977, the voices of people with disabilities must be heard and incorporated as we engage in that work.”
  • While more K-12 students with disabilities are served under the Individuals with Disabilities Education Act (IDEA), Section 504 also is an important avenue for support. Both laws aim to protect the civil rights of people with disabilities and prevent discrimination.
  • About 19% of college undergraduate studentsin the 2015-16 school year identified as having a disability, according to NCES. IDEA services and individualized Section 504 plans do not extend to postsecondary school students. Colleges are, however, required to provide appropriate academic accommodations to prevent discrimination on the basis of a disability.
  • The intersection and uniqueness between IDEA and Section 504 services in K-12 are often misunderstood, which may contribute to students potentially being underserved by Section 504,
    some education experts and disability rights advocates have said.