Comparison of Section 504, ADA & IDEA
|
|
Section 504 |
ADA, Title II |
IDEA |
|---|---|---|---|
| Purpose |
Civil rights law that prohibits disability discrimination. Regulations ensure appropriate regular or "special education" and related services to students with disabilities by agencies and schools receiving federal financial assistance |
Civil rights law that generally prohibits disability discrimination by all governmental entities, including public schools |
Educational funding statute |
|
Child Find |
Evaluation required based |
Does not address |
Evaluation required based upon reason to suspect |
| Evaluation and Eligibility | 504 "evaluation" requires collection and review of
|
Does not address |
Full and individualized |
| Service Plan | Does not require a written plan, but common practice is to document services on 504/Accommodation Plan (which is an IEP for IDEA students) | Does not address | Requires written Individualized Education Program (IEP) in accordance with extensive procedural safeguards and content requirements |
| Notice to Parents | Requires notice to parents with respect to actions regarding identification, evaluation, placement and provision of "504 FAPE." While written notice is not required, common practice is to provide notice via copies to parents of documented meetings scheduled, decisions made, 504 Plans, etc. | Does not address | Requires prior written notice to parents any time school agency proposes or refuses to initiate or change identification, evaluation, placement or provision of FAPE. Notice has specific content requirements |
| Parents and Safeguards | Required Procedural Safeguards are limited to notice; right to examine relevant records; an impartial hearing; and a review procedure (typical Notice of Rights are 1-2 pages) | Does not address | Safeguards are extensive and include prior written notice; right to consent in writing to initial evaluation special education services; right to notice of and participation in all meetings; right to initiate a due process hearing; and more (typical Notice of Rights are many pages or a booklet) |
| Meetings | Does not require parents to be invited to meetings, but common practice includes inviting parents to meetings for disability and placement/plan determinations | Does not address | Requires written parent invitation to all eligibility and IEP/placement Team meetings and full opportunity to participate in all such meetings |
| LRE | Requires that all students with disabilities are educated with nondisabled peers to the maximum extent appropriate. If needs require removal from the regular environment, then IDEA services may be in order | Does not address but generally prohibits segregation/exclusion | Requires that all students with disabilities are educated with nondisabled peers to the maximum extent appropriate. The continuum of placements includes regular classes, resource, special classes, special schooling, home instruction, etc. |
| Federal Agency Action | 504 is enforced by the US DOE's Office for Civil Rights (OCR) | ADA is enforced by the US Department of Justice (DOJ) | IDEA is enforced by the US DOE's Office of Special Education Programs (OSEP) |
| Funding | No federal funding is provided to comply with 504's special educational provisions | No federal funding is provided to comply with ADA's applicable provisions | Federal funding is provided to comply with IDEA, but funding has not been sufficient since enactment |
If you have questions about 504 Plans or request a review for assessment, please contact the Office of Student Services.