News Release

NCD #03-398
February 14, 2003
Contact: Mark S. Quigley
202-272-2004
202-272-2074 TTY
mquigley@ncd.gov

National Council on Disability Evaluates Federal Enforement of Section 504 of the Rehabilitation Act

WASHINGTON--The National Council on Disability (NCD) finds that five federal agencies (Departments of Education, Health and Human Services, Justice, Labor, and State) responsible for enforcement of disability rights provided by Section 504 of the Rehabilitation Act have given the task low priority and minimal leadership, although some progress has been made. Section 504 of the 1973 Rehabilitation Act is acknowledged as the first national civil rights law to view the exclusion and segregation of people with disabilities as discrimination. NCD's findings are contained in its report, Rehabilitating Section 504.

NCD chairperson Lex Frieden said, "Section 504 is a powerful enfranchisement tool for people with disabilities if used with due diligence, but that has not been the case. Although a number of these issues are now being addressed by some of the agencies, more needs to be done." In its report, NCD found that:

• The Department of Justice, which has oversight responsibility to coordinate compliance with Section 504 across the agencies, provided insufficient leadership and failed in its Interagency Disability Coordinating Council (IDCC) coordination duties;
• The IDCC, that was set up to ensure coordination functions across federal agencies, never met; and
• The Department of State has never had a Section 504 federally assisted program. It has not allocated any resources to determine whether the recipients of its grant funds comply with any of the civil rights laws.

During the course of its study, NCD encountered a number of successful practices that should be reviewed by other federal agencies. For instance, the HHS Web site is exemplary and should be emulated in how it provides relevant Section 504 information in a user-friendly format. The HHS online material is rich in detail and includes helpful case studies and links to other relevant Web sites. Agencies should also review and consider including in their Web sites information similar to that provided by ED's technical assistance guidance to recipients and DOL's list of reasonable accommodation information resources. In addition, ED has successfully expanded its Section 504 program resources and effectiveness in a number of innovative ways.

ED has demonstrated noteworthy and successful efforts to shorten the time it takes to conduct investigations. Quicker investigations and resolutions result in increased confidence in the investigation process, both by potential complainants and by recipients of funding.

NCD recommends that federal agencies in question re-evaluate in-house activities, to ensure the ability of people with disabilities to fully participate in their programs, policies, regulations, and practices. NCD also recommends that the Department of Justice revive the IDCC to facilitate its guidance and coordination functions across the various agencies.

"People with disabilities continue to look to, and must rely on, effective enforcement of Section 504 to be able to access important federal programs and services," said Frieden. "As recipients of federal funds better understand their responsibilities, they can conduct their programs in a way that maximizes full participation by people with disabilities."

NCD is an independent federal agency making recommendations to the President and Congress on disability policy.