OCR to Propose Amendments to Section 504

By William J. Zee and Megan E. Bomba

May 10, 2022

The U.S. Department of Education’s Office for Civil Rights (OCR) announced that it will propose amendments to Section 504 of the Rehabilitation Act of 1973. The release provides that the proposed amendments will be aimed at “strengthening and protecting the rights of students with disabilities.”

"While the world has undergone enormous changes since 1977, the Department's Section 504 regulations have remained, with few exceptions, unaltered," said Assistant Secretary for Civil Rights Catherine E. Lhamon. "As we observe the 45th anniversary of these important regulations this month, it is time to start the process of updating them. Just as in 1977, the voices of people with disabilities must be heard and incorporated as we engage in that work."

The announcement comes just after the U.S. Supreme Court’s issuance of an April 28, 2022 decision in Cummings v. Premier Rehab Keller, holding that emotional distress damages are not recoverable in a private action to enforce either the Rehabilitation Act of 1973 or the Affordable Care Act.

OCR plans to draft proposed amendments from insight provided by public comment gathered in the coming months. Comments may be submitted to Section504@ed.gov.

The Appel, Yost & Zee Education Group will continue to update clients on new regulations and guidance pertaining to Section 504.

Should you have any questions regarding Section 504 or the public comment process, please do not hesitate to contact William J. Zee or any of the attorneys in the Appel, Yost & Zee Education Group.