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Section 504 of the Rehabilitation Act states, "No otherwise qualified individual with a disability in the United States, as defined in section 705 (20) of this title, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service." 29 U.S.C. 794(a). However, some recipients' websites and mobile apps do not fully enable users with disabilities to access the recipients’ programs and activities.  Accordingly, on May 9, 2024, the Department published a final rule that, among other things, revised its regulations implementing Section 504, Part 84, to provide technical standards to assist recipients in complying with their existing obligations to make their websites and mobile apps accessible to individuals with disabilities. (89 FR 40066). The compliance date for these requirements for recipients with fifteen or more employees is May 11, 2026.

By interim final rule, the Department would extend the deadlines for implementation of this provision of the final rule.  The Department contemplates later publishing a Notice of Proposed Rulemaking (NPRM) to reconsider whether some of the regulatory provisions imposed by the May 9, 2024 rule could be made less burdensome.