Comparison of Special Education (IDEA) & Section
504 The following "comparison" chart is taken from the Mountain
Plains Regional Resource Center and Utah State Office of Educations
Handbook entitled Section 504 and Americans with Disabilities
Act. Section 504 of the Rehabilitation Act of 1973 and The Americans
with Disabilities Act of 1990 both include similar protections
for people with disabilities. Section 504 covers schools because
they receive Federal funding and ADA covers all entities that
employ or work with people but do not receive Federal funding
for their support. Because of 504 and ADA similarities, the
Mountain Plains Regional Resource Center and Utah State Office
of Educations Handbook includes the ADA in the following comparisons.
|
Issues
|
Section 504/ADA
|
IDEA (Special Ed.)
|
| Type |
Civil Rights Acts
|
An Education Act
|
|
|
The Rehabilitation Act of 1973
Americans with Disabilities Act of
1990
|
The Individuals with Disabilities
Education Act
|
|
|
General Education
|
Special Education
|
|
|
State and Local Responsibility (no
federal funding)
|
State, Local, and Federal
|
|
|
Section 504/ADA Coordinator
|
Special Education Director or designee
|
|
|
Accommodations and/or services plan
|
Individualized Education Program
|
|
|
Are broad civil rights laws which
protect the rights of individuals with disabilities in
programs and activities that receive federal financial
assistance.
|
Is a federal funding statute whose
purpose is to provide financial aid to states in their
efforts to ensure adequate and appropriate services for
students with disabilities.
|
|
|
Identifies student as disabled so
long as she/he meets the definition of qualified persons
with disabilities, under 504/ADA, ie., has or has had
a physical or mental impairment which substantially limits
a major life activity, or is regarded as disabled by others.
|
Identifies 13 categories of disability
conditions.
|
| Free
Appropriate Public Education (FAPE) |
Special education or general education,
plus related services.
Requires a written accommodation plan.“Appropriate”
means an education comparable to the education provided
to students without disabilities.
|
Special Education, including related
services.
Requires the district to provide IEPs.“Appropriate
education” means a program designed to provide “educational
benefit.”
|
| Special
Education vs. General Education |
A student is eligible so
long as she/he meets the definition of qualified person
with disabilities: i.e., currently has or has had a physical
or mental impairment which substantially limits a major
life activity, or is regarded as disabled by others.The
student is not required to need special education in order
to be protected. |
A student is only eligible
to receive special education and/or related services if
the multidisciplinary team determines that the student is
disabled under one of the thirteen qualifying conditions.The
condition adversely affects educational performance, and
the student requires special education. |
| Accessibility |
Has regulations regarding
building and program accessibility, with more strict standards
for new and substantially altered, than for existing, facilities. |
Requires that modifications
must be made if necessary to provide access to a free appropriate
education. |
| Procedural Safeguards |
Requires notice to the parent or
guardian with respect to identification, evaluation, placement,
and provision of FAPE.
Notice is required only before a “significant
change in placement.”
|
Requires notice to the parent or
guardian with respect to identification, evaluation, placement,
and provision of FAPE.
Notice provisions are much more comprehensive.
Written notice is required prior to
any change in placement.
|
| Evaluations |
Evaluation draws on information
from a variety of sources in the area of concern: decisions
made by a group knowledgeable about the student, evaluation
data, and placement options. |
A full comprehensive evaluation
is required, assessing all areas related to the suspected
disability.The student is evaluated by a multidisciplinary
team or group. |
|
Evaluations. (cont.)
|
Does not require consent, only notice.However,
good professional practice indicates informed consent.
|
Requires informed consent before
an initial evaluation is conducted.
|
|
Evaluations. (cont.)
|
Requires periodic reevaluation.
|
Requires reevaluations to be conducted
at least every 3 years.
|
|
Evaluations. (cont.)
|
Reevaluation is required before a
significant change in placement.
|
A reevaluation is not required before
a significant change in placement.However, a review of
current evaluation data, including progress monitoring
is strongly recommended.
|
|
Evaluations. (cont.)
|
No provision for independent evaluations
at district expense.The school district should consider
any such evaluation presented.
|
Provides for independent educational
evaluation at district expense, if parent disagrees with
evaluation obtained by school.
|
|
|
Notice should be given.A meeting
is not required for change of placement.
|
Notice must be given to parents and
an IEP conducted before any change of placement.
|
|
|
Requires districts to designate an
employee to be responsible for assuring district compliance
with Section 504/ADA and provide a grievance procedure
for parents, students and employees.
|
Requires neither a grievance procedure
nor a compliance officer.
|
|
|
Requires districts to provide impartial
hearings for parents or guardians who disagree with the
identification, evaluation, placement, or provision or
FAPE, for a student with disabilities.
Requires a due process hearing, followed
by a judicial review.
Requires that the parent have an opportunity
to participate and be represented by counsel.Other details
are left to the discretion of the local school district.Policy
statements should clarify specific details.
|
Requires districts to provide impartial
hearings for parents or guardians who disagree with the
identification, evaluation, placement, or provision or
FAPE, for a student with disabilities.
Option of one or two-level due process
hearing system.Utah State procedures require a two-level
due process hearing system.Civil action may follow.
Delineates specific requirements.
|
|
|
Administrative hearing not required
prior to OCR involvement or court action where no overlap
with IDEA exists.
|
Requires the parent or guardian to
pursue administrative hearing before seeking hearing in
a court.
|
|
|
Enforced by the U.S. Office for Civil
Rights
|
Enforced by the Federal Office of
Special Education Programs.Compliance is monitored by
the Utah State Office of Education and the Office of Special
Education Programs.
|
| Federal Office does not require monitoring, compliance
resolution or funding involvement; however USOE has a complaint
resolution system available. |
The Utah State Office of Education will investigate
and resolve complaints under Individuals with Disabilities
Education Act. |
