Rulemaking and Regulations by the Office for Civil Rights

Disability Discrimination (Section 504 of the Rehabilitation Act)

OCR has announced that it intends to propose amendments to the Department’s regulations at 34 C.F.R. pt. 104, implementing Section 504 of the Rehabilitation Act of 1973. As part of this process, OCR is seeking written suggestions from the public about how best to improve the current regulations. It would be appreciated if longer and more detailed comments were submitted by the end of June 2022, but all comments submitted prior to the issuance of any notice of proposed rulemaking will be reviewed. Instructions and cautions are below.

INSTRUCTIONS:

  • Send your comments to Section504@ed.gov.
  • If you are submitting attachments with your email, the Department strongly encourages you to submit attachments in Microsoft Word format. If you must submit a comment in Adobe Portable Document Format (PDF), the Department strongly encourages you to convert the PDF to “print-to-PDF” format, or to use some other commonly used searchable text format. Please do not submit the PDF in a scanned format. Using a print-to-PDF format allows the Department to electronically search and copy certain portions of your submissions and will make them more accessible when made available for public viewing.
  • If you do not have internet access or electronic submission is not possible, you may mail written comments to: U.S. Department of Education, Office for Civil Rights, Lyndon Baines Johnson Department of Education Bldg., 400 Maryland Avenue, SW, Washington, DC 20202-1100.

CAUTIONS:

  • Be careful to include only information, including personal information, that you are comfortable making publicly available. The Department may make all emails and attachments received at Section504@ed.gov available for public viewing without redactions.
  • Emails received at Section504@ed.gov will not be treated as complaints. If you wish to file a complaint alleging that an educational institution engaged in discrimination on the basis of disability, please follow the complaint-filing instructions available on our website.
  • Do not submit questions or inquiries to Section504@ed.gov. Receipt of your email will be acknowledged, but questions and inquiries will not be responded to. Questions should be directed to OCR@ed.gov.
  • Do not submit comments focused on OCR’s handling of particular pending complaints filed with OCR to Section504@ed.gov. They will not be individually responded to. Such comments should be directed to the appropriate OCR regional office responsible for the complaint.

Regulations

34 C.F.R. Part 100 Implementing Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, or national origin in all programs or activities that receive Federal financial assistance.
34 C.F.R. Part 104 Implementing Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability in all programs or activities that receive Federal financial assistance.
34 C.F.R. Part 106 Implementing Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in all education programs or activities that receive Federal financial assistance.
34 C.F.R. Part 108 Implementing the Boy Scouts of America Equal Access Act of 2002, which prohibits certain entities that receive federal funds from the Department of Education from discriminating against certain designated youth groups that wish to meet at public schools.
34 C.F.R. Part 110 Implementing the Age Discrimination Act of 1975, which generally prohibits discrimination on the basis of age in all programs or activities that receive Federal financial assistance.
28 C.F.R. Part 35 Implementing Title II of the Americans with Disabilities Act of 1990, which prohibits discrimination on the basis of disability by public entities.


   
Last Modified: 05/13/2022