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Advocates urge codifying Section 504 into Delaware law; committee does not advance SB 198
Summary
Senate Bill 198 would incorporate Section 504 (Rehabilitation Act) regulations into Delaware's Equal Accommodations law to preserve enforceable disability protections; disability‑rights and state council witnesses testified in favor, but the bill did not receive enough votes to leave committee.
Senate Bill 198 would amend Title 6 of the Delaware Code (Equal Accommodations) to incorporate the protections of Section 504 of the Rehabilitation Act and its implementing regulations as they existed on Jan. 1, 2025, aiming to provide clarity and stable enforcement for people with disabilities.
Speaker 5 described the bill as aligning Delaware law with Section 504 to improve consistency and interpretation and said it would not impose new obligations on the state but would ensure protections are interpreted to the fullest extent allowed under state and federal law.
Advocates including Kristen Harvey, Executive Director of the Delaware Developmental Disabilities Council; Rachel Engel, the Council’s fiscal advisor and policy lead; Marissa Band, project director at Disability Rights Delaware; and Brad Eiseminger of the State Council for Persons with Disabilities testified in support. They said Section 504 regulations provide practical guidance — for evaluations, modifications, accessible equipment and built environments — and that codifying the regulations into state law would help maintain protections if federal rules change.
Harvey said the change provides continuity and predictability for schools, businesses and individuals. Engel warned of federal legal uncertainty and said the bill would safeguard enforcement. Band said regulations are where implementation details live and urged that Delaware adopt those standards. Eiseminger said codification would eliminate ambiguity and strengthen enforcement across education, employment, health care, housing and public accommodations.
The committee called a roll on SB 198; the clerk reported the committee had not received enough votes to move the bill out of committee, and the session adjourned.
