504 Regulations Under the Current Administration

Section 504 of the Rehabilitation Act of 1973 protects qualified "individuals with disabilities" from discrimination by "programs or activities" that receive federal funding. The word disability is defined in Title 42 USC Section 12102, and it is noted that the definition "shall be construed in favor of broad coverage." Similarly, 504 regulations cover a wide array of "programs or activities" - colleges, corporations, state government entities, even local government entities, including public schools, can meet the definition of a covered "program or activity." The Biden Administration has wrestled with Section 504 on issues like remote learning, masking, transgender status, child welfare, and more. Additionally, there has been increased discussion surrounding Section 504's applicability to private schools. Some disability advocates have argued that Section 504 is outdated and needs to be revamped before the end of President Biden's first term. What updates to Section 504 can we expect? What trends have experts observed in 504 regulations before and after President Biden took office? Does Section 504 inadequately address disability discrimination today? Kim Richey and Professor Robert Dinerstein joined us to consider these questions and more. Featuring: Prof. Robert Dinerstein, Professor of Law and Director, Disability Rights Law Clinic, American University Washington College of Law Kimberly M. Richey, Former Acting Assistant Secretary and Principal Deputy Assistant Secretary, U.S. Department of Education, Office for Civil Rights [Moderator] Sarah Perry, Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies * * * * * As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.