50 years after its being enacted, significant updates are being made to Section 504 of the Rehabilitation Act to advance equity and bolster protections for people with disabilities.

In fact, on September 7, 2023 the Biden-Harris Administration took further action on its commitment to promote access to health care and human services for persons with disabilities as the U.S. Department of Health and Human Services (HHS), through its Office for Civil Rights (OCR), announced a proposed rule that prohibits discrimination on the basis of disability.  The rule, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance, updates critical provisions that help persons with disabilities access health and human services under Section 504 of the Rehabilitation Act of 1973.  The rule, originally published in 1977, advances the promise of the Rehabilitation Act and helps to ensure that people with disabilities are not subjected to discrimination in any program or activity receiving funding from HHS just because they have a disability. 

Section 504 prohibits discrimination against otherwise qualified individuals on the basis of disability in programs and activities that receive Federal financial assistance or are conducted by a Federal agency. Since the law was enacted, major legislative and judicial developments have shifted the legal landscape of disability discrimination under Section 504.

HHS is proposing to amend the regulations to update them and clarify obligations in several crucial areas not explicitly addressed in the current regulations, and to improve consistency with the Americans with Disabilities Act, the Americans with Disabilities Amendments Act, amendments to the Rehabilitation Act, and significant case law.

This Notice of Proposed Rulemaking (NPRM) clarifies the application of Section 504 to several critical areas. The proposed rule:
-Ensures that medical treatment decisions are not based on biases or stereotypes about individuals with disabilities, judgments that an individual will be a burden on others, or beliefs that the life of an individual with a disability has less value than the life of a person without a disability;
-Clarifies obligations for web, mobile, and kiosk accessibility;
-Establishes enforceable standards for accessible medical equipment;
-Clarifies requirements in HHS-funded child welfare programs and activities;
-Prohibits the use of value assessment methods that place a lower value on life-extension for individuals with disabilities when that method is used to limit access or to deny aids, benefits, and services.
-Clarifies obligations to provide services in the most integrated setting appropriate to the needs of individuals with disabilities.

While the HHS is undertaking this rulemaking the current regulation is in effect. If you believe that you or another party has been discriminated against on the basis of race, color, national origin, sex, age, or disability, visit the OCR complaint portal to file a complaint online at: https://www.hhs.gov/civil-rights/filing-a-complaint/index.html.

HHS encourages all stakeholders to submit comments through regulations.gov.

Public comments on the NPRM are due 60 days after publication of the NPRM in the Federal Register. The NPRM may be viewed or downloaded at the Federal Register: https://www.federalregister.gov/public-inspection/2023-19149/discrimination-on-the-basis-of-disability-in-health-and-human-service-programs-or-activities.

A fact sheet on the NPRM is available at: https://www.hhs.gov/civil-rights/for-individuals/disability/section-504-rehabilitation-act-of-1973/fact-sheet/index.html.

The Fact Sheet is available in the following languages:
Español (Spanish)
繁體中文 (Chinese – Traditional)
简体中文 (Chinese – Simplified)
Tiếng Việt (Vietnamese)
한국어 (Korean)
Tagalog (Filipino)
Русский (Russian)
Portuguese (Brazilian)
Français (French)
Kreyòl Ayisyen (Haitian Creole)
Polski (Polish)
日本語 (Japaneses)

For more information visit: https://www.hhs.gov/about/news/2023/09/07/hhs-issues-new-proposed-rule-to-strengthen-prohibitions-against-discrimination-on-basis-of-disability-in-health-care-and-human-services-programs.html.

With regard to a much-anticipated development across the nation, the U.S. Department of Education (USDE) continues to delay its release of revised Section 504 regulations. It has been hoped that such revisions will clarify how student accommodations under Section 504 align or depart from the rights of students with disabilities under the Individuals with Disabilities Education Act (IDEA).

This would be first major Section 504 update since 1977.

The USDE has not publicly announced a new release timeline and the delay is expected to continue for several months, since the Office of Management and Budget dashboard shows the proposed rule is not yet under review.

Source: K-12 Dive

Proposed US Department of Education (USDE) Section 504 rule updates aimed at addressing barriers for students with disabilities, fix outdated language, and align with civil rights laws will almost surely not make a revised October deadline.  To date, The USDE has yet to send its regulatory plans to the Office of Management and Budget, which can take up to 120 days to review them

The proposed rules are expected to bring clarity to how Section 504 accommodations for students with disabilities align with the civil rights protections under the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA).

As school districts nationwide work to help children and families retain benefits amid the transition to automatic renewal systems due to the end of the pandemic, the Centers for Medicare and Medicaid Services (CMS) is threatening state Medicaid agencies with sanctions for improperly removing children from the safety-net coverage during ongoing eligibility checks resulting from the end of the public health emergency declared during the pandemic.

On Wednesday, August 30, 2023, all 50 states and Washington, D.C. received letters from the federal government after it was found that a number of states using automatic renewal systems to review the eligibility of families all at once, despite a lower bar for children that would allow them to remain eligible. Such action could result in eligible children improperly losing their Medicaid coverage.

The CMS is giving state until mid-September to assess their systems, pause disenrollments if they find errors, and reinstate coverage for any affected individuals.

Source: K-12 Dive. Click here for more.

As next year’s deadline for American Rescue Plan (ARP) funds approaches, school districts must prepare for the impact. To that end, with roughly a year left before the September 2024 obligation deadline, The School Superintendents Association (AASA) launched its fourth American Rescue Plan (ARP) survey of school district leaders to ascertain what spending priorities and challenges they are anticipating as the fiscal timeline tightens. The survey reveals 53% of school district leaders anticipate the need to decrease specialist staffing, including behavioral health personnel and reading specialists, as well as cuts or decreases in summer learning programming tailored exact student needs.

To access School District Spending of American Rescue Plan Funding Part IV, click here.