SECTION 504 VS.

IDEA By Tory Stout

THE HISTORY
vSECTION 504
vThe first disability civil rights law to be enacted in the United States.
vWas included in the 1973 Rehabilitation Act.
vSection 504 prevents discrimination against any person with a disability. However, this only
applies to entities that receive federal funds.

vIDEA
vIndividuals with Disabilities Education Act
vSigned into law by Congress in 1975
vIDEA ensures that children with disabilities are able to receive a free and appropriate
education.
THE DEFINITION OF “DISABILITY”
Section 504 IDEA
vStudent has a mental or physical impairment that v Students must fit into one of the disability categories.
substantially limits one or more of the person's The categories are:
major life activities. - Autism - Multiple Disabilities
Some examples are: - Deafness - Other Health Impairment
- Diabetes - Intellectual Disability - Specific Learning Disability

- ADHD - Hearing Impairment - Traumatic Brain Injury

- Deafness -Visual Impairment including Blindness
- Students with history of drug and/or alcohol abuse
- Deaf-blindness -Speech or Language Impairment
- Students with communicable diseases
- Orthopedic Impairment
QUALIFICATION FOR ELIGIBILITY
Section 504 IDEA
vBased on how the term ”disability” is vPeople aged 3-21
defined.
vHave to fit in one of the 13 categories.
vNot age restricted.
vDisability must affect educational
vBased on if the impairment performance.
substantially effects one or more major
life activities.
EVALUATION
Section 504 IDEA
vSchool personnel use assessment vEvaluated by a multidisciplinary team.
information to make the decision.
vRequires parental consent.
vProfessional judgement is used.
vRe-evaluation at least once every three
vDo not need parental consent. years, if not more.
vRe-evaluations are not on specific time
frame.
WHAT HAPPENS ONCE A STUDENT QUALIFIES?
Section 504
vA written plan with accommodations is
created.
vAccommodations and modifications
give students the ability to access equal
education.
vPlacement is usually in the general
education classroom.
IDEA
vAn Individualized Education Plan (IEP) is
created for the student.
vStudent may be in a variety of
different classroom settings (general
education, resource, self-contained)
DUE PROCESS
Section 504
v“Must provide impartial hearings for
parents who disagree with the identification,
evaluation, or placement of the student.”
vDoes not require parental consent.
vNo "stay-put" provisions.
vParents do not need to be notified prior to
the student's change of placement, however,
they must still be notified.
vEnforced by Office of Civil Rights, U.S.
Department of Education.
IDEA
v“Must provide impartial hearings for
parents who disagree with the identification,
evaluation, or placement of the student.”
vRequires written parent consent.
vStudent's current IEP and placement
continues to be used, until all issues are
resolved. “Stay-put” provision
vParents must receive ten days notice prior
to any change in placement.
vEnforced by Office of Special Education,
U.S. Department of Education.
SIMILARITIES BETWEEN SECTION 504 AND IDEA
vBoth require an evaluation of the student to be made before qualification.
vBoth laws provide a free and appropriate education to students with disabilities.
vBoth have due process.
vBoth provide related services if they are needed.
MAIN DIFFERENCES BETWEEN SECTION 504 & IDEA
vIDEA provides additional funding to states for eligible students, Section 504 does
not provide any additional funding.
vIDEA and Section 504 have different definitions of “disability”.
vSection 504 does not require parent consent, IDEA does.
vIDEA uses an IEP, while Section 504 uses a written plan with accommodations.
WHY ARE SECTION 504 AND IDEA IMPORTANT?
Together, Section 504 and IDEA help students receive a free and
appropriate education. Since Section 504 and IDEA have different
definitions of disabilities, they are able to come together to cover
a wide range of people with disabilities. As of 2012, 5.8 million
children received special education services through IDEA, and
even more received necessary accommodations through Section
504.
REFERENCES
http://www.parentcenterhub.org/wp-content/uploads/repo_items/gr3.pdf
https://dredf.org/legal-advocacy/laws/section-504-of-the-rehabilitation-act-of-
1973/
Section 504, the ADA, and Public Schools: What Educators Need to Know. (Smith,
2001)
https://www.education.com/reference/article/section-504-idea-comparison-chart/
http://www.ldonline.org/article/6086
https://www.understood.org/en/school-learning/your-childs-rights/basics-about-
childs-rights/how-idea-protects-you-and-your-child