IDEA Vs. Section 504
Many
parents have come to me and asked how and in what way accommodations
provided to their child under a Section 504 Plan is different
than special education services provided under IDEA. So let me
briefly outline the basics of each of this laws.
Individuals
with Disabilities Education Act (IDEA)
Type/Purpose—An
education act to provide federal financial assistance to State
and local education agencies to guarantee special education and
related services to eligible children with disabilities.
Who
Is Protected? Children ages 3-21 who are determined by a multidisciplinary
team to be eligible with in one or more of 13 specific categories
of disability and who need special education and related services.
Categories include autism, deafness, deaf-blindness, hearing impairments,
mental retardation, multiple disabilities, orthopedic impairments,
other health impairments, serious emotional disturbance, specific
learning disabilities, speech or language impairments, traumatic
brain injury, and visual impairment.
Due
Process—IDEA delineates specific requirements for local education
agencies to provide impartial hearings for parents who disagree
with the identification, evaluation or placement of a child.
Section
504 of the Rehabilitation Act of 1973
Type/Purpose—A
civil rights law to prohibit discrimination on the basis of disability
in programs and activities, public and private, that receive federal
financial assistance.
Who
Is Protected? Any person who (1) has a physical or mental impairment
that substantially limits one or more major life activities, (2)
has a record of such an impairment, or (3) is regarded as having
such an impairment. Major life activities include walking, seeing,
hearing, speaking, breathing, learning, working, caring for oneself,
and performing manual tasks.
Due
Process—Section 504 requires local education agencies to
provide impartial hearings for parents who disagree with the identification,
evaluation, or placement of a student. It requires that parents
have an opportunity to participate in the learning process and
to be represented by counsel. Beyond this, due process details
are left to the discretion of the local education agency. It is
recommended that districts develop policy guidance and procedures.
Both
Section 504 and IDEA provide services for children with special
needs in order for them to be able to derive benefit commensurate
with their abilities.
November
18, 2002
