Special Education

What Do Schools Owe Students With Disabilities? Feds Plan to Update Regulations

By Evie Blad — May 06, 2022 2 min read
A boy writes at a desk in a classroom.
  • Save to favorites
  • Print

The U.S. Department of Education plans to update regulations on schools’ obligations under Section 504 of the Rehabilitation Act of 1973, a major federal law that prohibits discrimination against students with disabilities.

The announcement comes as schools’ ability to meet the needs of students with disabilities during remote learning—and to make up for any progress lost due to lapses in services—have been a major focus during the COVID-19 pandemic.

The Education Department announced its intent Friday to update the regulations, outlining the process for public comment 45 years after the regulations were first published.

“While the world has undergone enormous changes since 1977, the Department’s Section 504 regulations have remained, with few exceptions, unaltered,” Assistant Secretary for Civil Rights Catherine Lhamon said in a statement.

The agency did not specify what changes it would consider, but said in an announcement that it wanted to “strengthen and protect the rights” of students, incorporating the voices of people with disabilities in the process.

What this civil rights law requires

Section 504 is a civil rights law that requires schools to provide a free appropriate public education—or FAPE—to students with a broad range of physical, emotional, developmental, and intellectual disabilities, addressing their needs through individual plans that outline accommodations. Such accommodations could include additional time for tests, a change in classroom seating, modified homework assignments, or the use of special technologies to help students with processing issues.

Section 504 differs from the Individuals with Disabilities Education Act, under which schools create individualized education programs that outline services for students with a more narrow list of disabilities that includes dyslexia, autism, and deafness or blindness. In many cases, students with disabilities are protected by both laws.

Advocates for students with disabilities and their families have said the process of securing accommodations at school can be difficult and confusing.

They’ve also complained that schools haven’t moved quickly enough to address the need for compensatory services—services that address lost progress during lapses in accommodations—as they enter pandemic recovery.

Plans to update the Section 504 regulations came a week after the Education Department announced a resolution with Los Angeles schools after if found fault with that district’s special education offerings during the pandemic and its plans to assess the need for compensatory services as part of its recovery. That agreement heartened advocates who’ve pushed for change.

Instructions for submitting comments on changes that could be made to Section 504 regulations are here.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
Harnessing AI to Address Chronic Absenteeism in Schools
Learn how AI can help your district improve student attendance and boost academic outcomes.
Content provided by Panorama Education
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Science Webinar
Spark Minds, Reignite Students & Teachers: STEM’s Role in Supporting Presence and Engagement
Is your district struggling with chronic absenteeism? Discover how STEM can reignite students' and teachers' passion for learning.
Content provided by Project Lead The Way
Recruitment & Retention Webinar EdRecruiter 2025 Survey Results: The Outlook for Recruitment and Retention
See exclusive findings from EdWeek’s nationwide survey of K-12 job seekers and district HR professionals on recruitment, retention, and job satisfaction. 

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education 3 Things Every Teacher Should Know About Learning Differences
A researcher, a teacher, and a student all weigh in: What do you wish all teachers knew about students with learning differences?
3 min read
Photograph showing a red bead standing out from blue beads on an abacus.
iStock/Getty
Special Education How Special Education Might Change Under Trump: 5 Takeaways
Less funding and more administrative chaos could be on the horizon—but basic building blocks like IDEA appear likely to remain.
7 min read
Photo of teacher working with hearing-impaired student.
E+
Special Education How Trump's Policies Could Affect Special Education
The new administration's stance on special education isn't yet clear—but efforts to revamp federal policy could have ripple effects.
13 min read
A teenage girl from the back looks through the bars, the fenced barrier, at the White House in Washington, D.C.
iStock/Getty Images
Special Education The Essential Skill Students With Learning Differences Need
Schools must teach students with learning differences how to communicate about their needs.
4 min read
Vector illustration of three birds being released from a cage.
iStock/Getty