IDEA & Section 504
Children with disabilities receive special education and related services through the public school system and are protected by either the Disabilities Education Act (IDEA), the federal law that governs special education, or Section 504 of the Rehabilitation Act of 1973. In general, those children covered under Section 504 usually have less severe disabilities than those covered by IDEA, or their disability does not fit within the categories of eligibility under IDEA. It is important for parents to be aware of the differences between the two because of the discrepancies in criteria for eligibility, services, procedures, and safeguards.
First of all, IDEA is the law that governs all special education services in the United States. It provides funding to schools to support special education and related services. IDEA provides special education services to those children who meet the criteria for eligibility in a number of distinct categories of disability. On the other hand, Section 504 is a civil rights statute. It has no funding of its own. Rather than providing services of its own, Section 504 requires that schools not discriminate against children with disabilities and provide children with reasonable accommodations. Now that a general knowledge of IDEA and Section 504 has been established, an examination of key differences can be explored.
Eligibility: Under IDEA, a child must meet the criteria for eligibility contained in one of the disability categories. These categories include serious emotional disturbance, learning disabilities, retardation, traumatic brain injury, autism, vision and hearing impairments, physical disabilities, and other health impairments. Once a child meets the IDEA criteria under one of the categories, they are then eligible for special education. Special education is a requirement under IDEA, but not a requirement under Section 504. Section 504 bases eligibility on the existence of an identified physical or mental condition that greatly limits a major life activity. Once eligible under 504, a child is then entitled to the protections given by the statute. Thus, Section 504 protects those children who require related services even if they do not require special education.
Evaluation: IDEA describes in detail the various aspects of the evaluation procedure. IDEA requires that a child be reevaluated every three years, provides a variety of non-discriminatory test procedures, requires that a school district consider findings of outside evaluators, and requires parental consent. Section 504 is quite different. Although Section 504 requires testing be non-discriminatory, it contains less regulations in testing, contains no procedures relating to frequency of testing or the consideration of outside evaluations, and does not require parental consent.
Child Find: Under IDEA, school districts are obligated to identify and evaluate children suspected of having a disability. This includes children residing in the district but not attending public schools. This provision of IDEA, called “Child Find,” requires school districts to take steps to publicize the availability of screening and evaluation procedures throughout the community in an effort to ensure that all children with disabilities are identified. Under Section 504, the school districts are only obligated to identify and locate children with disabilities who reside within the district and are not receiving a public education. This refers only to the “Child Find” procedures for 504 and does not effect eligibility requirements.
Appropriate Education: Both IDEA and Section 504 require that schools provide a free, appropriate public education to children who are identified as having a disability and meet the eligibility requirements of these laws. Under IDEA, once eligible for special education, the child is entitled to have an individualized education plan (IEP) that includes annual reviews and allows parents to participate in the development of the child’s goals and objectives. Under Section 504, a 504 plan is developed. The 504 plan does not provide any procedures for reviewing the plan or specify the right of participation by parents.
Least Restrictive Environment: IDEA and Section 504 require that services for children with disabilities be provided within the least restrictive environment. However, IDEA regulations go further than those of 504 in requiring that the child be educated in the class that he or she would be in if that child did not have a disability and as close to home as possible.
Safe Guards and Due Process:
Under IDEA, parents have the right to:
- Consent to initial evaluation and services within special education
- Notice of participation in all IEP meetings
- Notice of school proposing to change services
- Request an impartial due process hearing
- Have an independent hearing officer at due process hearing (to present testimony and cross examine witnesses)
- Counsel at due process hearing
- A taped transcript of the due process hearing
Under Section 504, parents have the right to:
- Review records
- An Impartial hearing with the opportunity for participation by parent and their counsel
- A review procedure
Other Important Facts:
- Under IDEA, if parents request a impartial due process hearing, the child must remain in the then-current educational placement until all administrative and legal proceedings conclude (this is known as the “stay-put” provision)… There is no stay-put placement provision under 504
- Under IDEA, if parents are unhappy with the action or inaction of the school district they can file a complaint with the Kentucky Department of Education, Division of Exceptional Children Services or the U.S. Department of Education… Under 504, parents may file complaints with U.S. Department of Education Office for Civil Rights
Reference
Cohen, Matthew D. Section 504 & IDEA—What’s the difference: Limited vs. substantial protections for children with ADD and other disabilities. Attention. Summer, 1997. Pgs. 23-27.