Federal Rulemaking

In response to requests for input, AHEAD is pleased to respond with comments to federal agencies as they work to create or improve federal legislation.

On August 3, 2023, the Disability Rights Section, Civil Rights Division of the U.S. Department of Justice issued a notice of proposed rulemaking requesting input regarding the potential addition a new subpart H to the Title II Americans with Disabilities Act (ADA) regulation, 28 CFR part 35.

AHEAD held a free webinar to educate members on this important potential update and issued a request for your comments. Paul Grossman arranged a listening session with key Department of Justice staff during which several AHEAD members provided comments and shared direct experiences with issues related to this rule.

Comments AHEAD submitted to DoJ (PDF)

We are grateful to all who took a leadership role and who submitted comments to be included in AHEAD’s response and to the many of you who submitted comments directly to the DoJ as well.

On May 6, 2022, the Department of Education’s Office for Civil Rights (OCR) announced that it was soliciting written comments regarding how best to improve the current Section 504 regulations. AHEAD reached out to our membership to gather your input about potential updates that would clarify and strengthen the regulations.

We thank everyone who contributed—it was all valuable and we are hopeful that OCR will incorporate many of AHEAD’s suggestions into their rulemaking procedures.

In late 2022 or early 2023, OCR will propose its amendments to the existing regulations at 34 C.F.R. pt. 104, implementing Section 504 of the Rehabilitation Act of 1973. At that time, the public will have the opportunity to submit comments regarding the newly proposed regulations. AHEAD will participate in that public input process, also.