Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) both provide protections for students with disabilities but have important differences. Section 504 is a federal civil rights law that prohibits disability discrimination in programs receiving federal funds, while IDEA is an entitlement program that ensures students with disabilities receive specialized instruction and related services. Under Section 504, students must have a disability that substantially limits a major life activity and need accommodations, while IDEA has stronger eligibility criteria and procedural safeguards. Both laws require schools to provide appropriate services to eligible students, but IDEA mandates a formal individualized education program (IEP) while Section 504 uses informal plans like 504 plans or accommodation plans.

1. Section 504 Step by Step Understanding the Basics of Section 504 and How It Compares with IDEA

2. Section 504 in General Section 504 of the Rehabilitation Act of 1973 A federal anti-discrimination law A civil rights law that prohibits discrimination on the basis of disability Since 1973 – two years before IDEA

3. Section 504 in General Applies to all ages and to areas other than public education, including federal employment, programs of federal government agencies, federal contractors, and programs or activities that receive federal funding Implementation of Section 504 is not supported by federal funding

4. Section 504 in General Provides for reasonable accommodation and in some cases modification to meet disability-related needs in education, employment, and in access to programs of the federal government or programs that are federal funded, including federal contracts

5. Section 504 in Education Has special provisions that apply only to elementary and secondary education Special education rules require the provision of FAPE, a “free appropriate public education,” the FAPE requirement parallels IDEA

6. Section 504 in Education Requires an eligibility determination that the student: Has a disability that substantially limits one or more major life activities, and Needs accommodation to prevent discriminatory treatment

7. Section 504 in Education Also includes person who “has a history of” or who “is regarded as having” a physical or mental impairment that substantially limits one or more life activities. This protects people who are perceived as having a disability from discrimination even if they do not actually have a disability.

8. Section 504 “Substantially Limits” “Substantially limits” is not defined in the federal regulations. However, the U.S. Office for Civil Rights (OCR), states that: the determination is to be made by each local school district and depends on the nature and severity of the person’s disabling condition

9. Section 504 “Substantially Limits” As an additional guideline, the Americans with Disabilities Act (ADA) used the following description: “ significantly restricted as to the condition, manner, or duration under which an individual can perform a particular major life activity when compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.”

10. Section 504 “Major Life Activity” Major Life Activity includes, but is not limited to: self-care walking seeing hearing speaking breathing working learning performing manual tasks

11. Section 504 “Major Life Activity” May include, for example: individuals with ADHD, dyslexia, cancer, diabetes, severe allergies, chronic asthma, Tourette’s Syndrome, digestive disorders, cardiovascular disorders, depression, conduct disorder, oppositional defiant disorder, HIV/AIDS, behavior disorders, and temporary disabilities such as a broken arm or leg or a serious injury or illness.

12. Section 504 Evaluation Evaluation is needed to determine eligibility and appropriate accommodations The eligibility process can be triggered by a request from a parent A formal written request is strongly recommended

13. Section 504 Parental involvement is important and encouraged Parent involvement component is not as strong as under IDEA Fewer procedural safeguards are available to students and parents than under IDEA

14. Section 504 Student needs and appropriate accommodations are determined by a multi-disciplinary team including the parents and the student whenever appropriate The resulting information is documented in a written plan usually called a “504” or “Accommodation” Plan

15. Section 504 Each school, AEA, or other public educational agency is responsible for adopting its own due process procedures that meet the non-discrimination standard, including: Identification of a “504 Coordinator” Establishment of a complaint process The availability of a hearing before a neutral third party

16. IDEA & Section 504 Side by Side IDEA Federal entitlement law Applies to children from birth to age 21 SECTION 504 Federal anti-discrimination (civil rights) law Applies to all ages with special provisions for elementary and secondary education

17. IDEA & Section 504 Side by Side IDEA Entitles eligible children with disabilities to specialized instruction and related services Duty to provide special services SECTION 504 Ensures that children with disabilities have equal access to public education Duty not to discriminate

18. IDEA & Section 504 Side by Side IDEA Specialized instruction & related services FAPE Requirement Formal Evaluation Requirement SECTION 504 Reasonable accommodations & modifications FAPE Requirement Informal Evaluation Requirement

19. IDEA & Section 504 Side by Side IDEA Eligibility based on: Disability as defined by IDEA and Need for specialized instruction to benefit from education SECTION 504 Eligibility based on: Disability that substantially limits one or more major life activities and Need for accommodation to prevent discriminatory treatment

20. IDEA & Section 504 Side by Side IDEA Procedural safeguards ensure strong parental and student participation Eligibility process can be triggered by parental request SECTION 504 Parental and student participation strongly encouraged Eligibility process can be triggered by parental request

21. IDEA & Section 504 Side by Side IDEA Defined system of uniform procedural safeguards including notice, mediation, and hearing rights. SECTION 504 Procedural safeguards less defined. Agency must adopt its own complaint and hearing procedures.

22. IDEA & Section 504 Side by Side IDEA IEP, Individualized Education Plan Plan developed by IEP team with specific membership requirements SECTION 504 504 Plan or Accommodation Plan Plan developed by multi-disciplinary team with members as needed

23. IDEA & Section 504 Side by Side IDEA Services delivered according to IEP in a wide variety of settings: General education classroom Special education classroom Special school Home bound Hospital Residential settings SECTION 504 Accommodations usually provided in a general education classroom setting

24. IDEA & Section 504 Side by Side IDEA Schools receive federal funding to support the provision of services SECTION 504 Schools do not receive any federal or state funding to implement Section 504

25. Questions? The Individuals with Disabilities Education Act of 2004 (IDEA): Special Education and Related Services Entitlement for eligible students Section 504 of the Rehabilitation Act of 1973 (Section 504): Reasonable accommodations and modifications No discrimination on the basis of disability

26. For More Information: Parent Training and Information Center ASK Family Resource Center 5665 Greendale Rd., Suite D Johnston, IA 50131 Telephone: 515-243-1713 Toll free: 800-450-8667 Fax: 515-243-1902 E-mail: [email_address] Website: www.askresource.org

27. ASK Resource Center The Parent Training and Information Center of Iowa ASK (Access for Special Kids) Resource Center is a 501(c)(3) non-profit organization serving families of children with disabilities, with projects funded by the U.S. Department of Education and supported by the Iowa Department of Education.