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Differences Between IDEA and 504

Differences between IDEA and Section 504

IDEA	Section 504
Remedial: Requires the provision of programs and services in addition to those available to persons without disabilities (Affirmative Action)	Requires that current barriers to education for children with disabilities be removed (Non-discrimination: Levels the playing field)
Federal funding is provided to support additional services to children	Federal funding is not provided to support efforts at removing barriers to children’s education
Applies to educational agencies who seek to obtain funds under IDEA	Applies to education agencies if even a single of their programs or activities receive financial assistance from any Federal source
Protects persons with a disability who meet certain specified disability categories, making them eligible for services (Narrow band)	Protects all persons with a disability who: 1. have a physical or mental impairment which substantially limits one or more major life activities. 2. have a record of such and impairment; or 3. are regarded as having such an impairment (Wider band)
Defines FAPE to include the provision of special education and related services	Defines FAPE to include the provision of special or regular education and related services
Focuses on the unique educational needs of the student	Looks at comparing the education of students with and without disabilities
There are timelines for evaluation, and membership of the team is prescribed	There are no timelines for evaluation (within a reasonable period of time) and membership of the team is not prescribed
Parents must receive written notice of actions regarding identification, evaluation, and placement and must provide written consent prior to the initial evaluation and placement of their child	Written notice is not required for identification, evaluation, and placement, and there is no consent requirement

Section 504

*Defines a physical or mental impairment as any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin or endocrine: or any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.

*A person’s physical or mental impairment must have a substantial limitation (permanent or temporary) on one or more major life activities. When looking at school children the critical question is whether a student’s impairment substantially limits the ability to learn

*An otherwise qualified individual with a disability under section 504 is one who with reasonable accommodations is able to meet all of the program’s requirements in spite of the disability.

*Schools can adopt a set of procedures specifically for Section 504 proceedings, or they can follow the procedural safeguards required by IDEA. Most schools have done neither.

*Disciplinary considerations: Must decide if suspension for more than 10 consecutive days creates a significant change in placement, and whether the misconduct is a manifestation of the student’s disability.