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DOJ Issues Notice of Proposed Rulemaking to Amend the Department Regulation Implementing Section 504 of the Rehabilitation Act of 1973

January 13, 2017
Source: U.S. Department of Justice (DOJ)

This week the Attorney General signed a Notice of Proposed Rulemaking (NPRM) soliciting public comments regarding its proposal to revise and update its regulation implementing Section 504 of the Rehabilitation Act of 1973 (section 504) for programs or activities receiving financial assistance from the Department of Justice.

Since the Department first promulgated its section 504 Federally assisted regulation in 1980, there have been a number of major changes to the countrys disability laws. As a result, the existing regulation does not reflect several statutory changes to the Rehabilitation Act, the enactment of the ADA (the principles and policies of which are shared by section 504), and some key Supreme Court decisions interpreting section 504 requirements. The Department is proposing to incorporate into its proposed section 504 Federally assisted regulation definitions and requirements arising out of these statutory amendments to the Rehabilitation Act, Title II of the ADA, and longstanding Supreme Court decisions.

The NPRM will soon be published in the Federal Register, and the comment period for the proposed rule closes 60 days after the date of the NPRMs publication. The Department has posted an advanced copy of the NPRM and a Q&A regarding the NPRM.

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