Senate committee hears testimony on bill to codify Section 504 protections into Delaware law
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Summary
Advocates told the Senate Banking, Business, Insurance and Technology Committee that SB 198 would write federal Section 504 regulations into Delaware’s Equal Accommodations Law to preserve protections and clarity amid legal challenges at the federal level.
Members of the Senate Banking, Business, Insurance and Technology Committee on Tuesday considered Senate Bill 198, which would amend Delaware’s Equal Accommodations Law to incorporate the implementing regulations of Section 504 of the Rehabilitation Act as they existed on Jan. 1, 2025.
Sponsor language presented to the committee said the change is intended to improve consistency in interpretation and not to impose new obligations on the state. Speaker 3, introducing the bill on behalf of the sponsor, said the measure would ensure Delaware law is "interpreted to the fullest extent possible under state and federal law to guarantee the legal protections of Delawareans with disabilities." The bill also would make references to Section 504 and related federal provisions count as references to Delaware’s Equal Accommodations Law.
Disability-rights advocates urged the committee to advance SB 198. "The regulations is where businesses and governments get guidance on how to comply with Section 504," Marissa Band, project director at Disability Rights Delaware, told the committee. Band said she submitted written comments on behalf of multiple state advisory councils and emphasized the importance of preserving regulatory detail that affects schools, hospitals, housing programs and other federally funded services.
Rachel Engel, fiscal adviser and policy lead with the Delaware Developmental Disabilities Council, told senators a federal lawsuit brought by 17 states challenges the constitutionality of Section 504. "A lawsuit was introduced at the federal level of 17 states saying that 504 was unconstitutional," Engel said, and she warned that the litigation could jeopardize existing regulations and, by extension, protections and federal education funding for students with disabilities.
Supporters in the room were invited to sign on as additional sponsors; the presenter invited committee members to collect additional co-sponsors. The committee took public testimony and then moved to the next agenda item; the transcript records no committee vote on SB 198 itself during this meeting.
The next procedural step was not recorded in the transcript. Public written comments were also accepted into the record, and committee staff said written submissions would be accepted up to 24 hours after adjournment.
