What’s happening with the Section 504?
The short answer is nothing just yet, the long answer is… more complicated.
The IDEA Goes to HHS?
The first three weeks of March were tumultuous for the Department of Education. On March 3, 2025, after being appointed as Secretary of Education, Linda McMahon issued a statement entitled “Our Department’s Final Mission.” The Secretary’s mission is to return authority for education to the states and eliminate “bureaucratic bloat.” On March 11, 2025, the Department of Education initiated a reduction in force of almost 50%. On March 20, 2025, President Trump issued an Executive Order aimed at closing the Department. And on March 21, 2025, President Trump said that the Department of Health and Human Services (HHS) would handle “special needs.” The administration has not provided any details about the proposed transition.
Sports, Clubs, Competitions, Oh My! Ensuring Equal Opportunity to Extracurriculars for Students with Disabilities
Bring on the extracurriculars! Educators, families, and students would likely agree – extracurricular activities are a significant part of education. Both the IDEA and Section 504 must provide students with disabilities an equal opportunity to participate in extracurricular activities.
What does this mean for school districts? A guidance from the Department of Education gives us some insight. First off, school districts should avoid denying students with disabilities the opportunity to participate in or benefit from an aid, benefit, or service because of the student’s disability. Instead, school districts must afford students with disabilities an equal opportunity for participation in extracurricular services and activities. Remember that Section 504 protects the rights of students with disabilities even if that student is not eligible for services under IDEA.
Special Education Implications of Proposed Title IX Rule: Biden Administration Nods to the Complicated Intersections but Leaves the Hard Work to Schools
On June 23, 2022, President Biden’s U.S. Department of Education released the much-anticipated proposed Title IX regulations. The proposed regulations are a major step by the Biden administration in its effort to overhaul the Trump-era Title IX regulations. The proposed regulations would make significant changes, including expanding the definition of hostile environment sex-based harassment; removing the requirement for a formal, written complaint; providing more flexibility in the grievance process for K-12 schools; adding new notice and training requirements; and providing explicit protections for LGBTQ individuals as well as students and employees who are pregnant or parenting. Additionally, the proposed regulations acknowledge the intersection between Title IX and special education laws but provide little guidance on how to navigate the complex questions that arise when students with disabilities are involved in Title IX complaints.
Specifically, the proposed regulations define “student with a disability” and, to help ensure compliance with disability laws, require consultation between the Title IX coordinator and the IEP or 504 team when a complainant or respondent is a student with a disability. That’s it—An acknowledgment that students with disabilities may be involved in Title IX complaints and a directive for the Title IX coordinator to consult with the student’s special education team to figure out how to comply with both laws and meet the needs of the student.