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ED/OCR RIN: 1870-AA18 Publication ID: Fall 2024 
Title: Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance From the Department of Education 
Abstract:

The Department plans to propose to amend its regulations implementing Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, consistent with the priorities of the Biden-Harris Administration.  These priorities include: advancing equity for persons with disabilities as required by Executive Order 13985, addressing persistent barriers to access for students with disabilities in education, aligning the current regulations with intervening laws protecting the rights of people with disabilities, including the Americans with Disabilities Act of 1990 and the Americans with Disabilities Act Amendments Act of 2008, and updating outdated language.  In 2022 and 2023, the Department engaged in over 30 listening sessions with individuals with disabilities, educators and other professionals, and recipients on various issues related to Section 504.  The Department has also received and reviewed several hundred written comments from parents, students, and advocates about the various ways they would like the Section 504 regulations clarified and improved.

 
Agency: Department of Education(ED)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 34 CFR 104   
Legal Authority: 29 U.S.C. 794   
Legal Deadline:  None

Statement of Need:

The current regulations have been largely unchanged since they were first published in 1977.  The proposed regulations are needed to ensure meaningful access to educational and other programs and activities for individuals with disabilities by reflecting legislative and judicial developments regarding disability discrimination protections under Section 504.  The proposed regulations would also update terminology and use person-first language. 

Summary of the Legal Basis:

We are conducting this rulemaking under the authority in 29 U.S.C. 794.

Alternatives:

We have limited information about the alternatives at this time.

Anticipated Costs and Benefits:

We have limited information about the alternatives at this time.

Risks:

We have limited information about the alternatives at this time.

Timetable:
Action Date FR Cite
NPRM  12/00/2024 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Small Entities Affected: Businesses, Governmental Jurisdictions  Federalism: No 
Included in the Regulatory Plan: Yes 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Bianca Thomas Costello
Department of Education
400 Maryland Avenue SW, Room 5A-137,
Washington , DC 20202
Phone:202 219-2126