Biden Administration Seeks Feedback on Disability Regulations

The Department of Education has invited several higher education associations, including NAICU, to a listening session on June 13 to receive input regarding the Department’s disability discrimination regulations. 

As reported last week, the Department is planning to strengthen the regulations governing section 504 of the Rehabilitation Act of 1973, a federal law that prohibits disability discrimination in federally funded education programs or activities. The agency specifically noted that revised regulations may address the mental health needs of students with disabilities.

As part of the agency’s plan to amend the existing rules, it is seeking feedback on five specific questions:

1. Are there provisions of Section 504 regulations that experience shows are unclear or would benefit from further clarification? 
2. Are there provisions of Section 504 regulations that should be changed in a substantial way or repealed because as written they have not served to promote equal educational opportunity for people with disabilities? 
3. Are there areas not addressed in the Section 504 regulations, but that have emerged as impediments to equal educational opportunity for people with disabilities? 
4. What Section 504 regulations should not be changed because they have been particularly effective in protecting equal educational opportunity for students with disabilities? 
5. Do you have any additional information about the application of the Section 504 regulations to students, parents, and educators with disabilities that may be helpful to the Department as we consider updating the regulations?

The Department is currently soliciting public feedback regarding regulatory changes and plans to hold additional listening sessions in the coming months. Interested parties may submit comments directly to the Department. 

For more information, please contact:
Jody Feder