Comparing Section 504, IDEA and ADA

Comparing Section 504, IDEA and ADA

Section 504, IDEA, and ADA address the needs of persons with disabilities. The following table provides an overview of the components of these programs and a comparison of their policies for providing services.

Component	Section 504	IDEA	ADA
Type	A Civil Rights Law	An Education Act	A Civil Rights Law
Title	The Rehabilitation Act of 1973	The Individuals with Disabilities Education Act	Americans with Disabilities Act of 1990
Purpose	A civil rights law that protects the rights of individuals with disabilities in programs and activities that receive federal financial assistance.	A federal funding statute whose purpose is to provide financial aid to states in their efforts to ensure a free appropriate public education for students with disabilities.	Provides a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.
Responsibility	General Education	Special Education	Public and private schools, business establishments and public buildings. (services)
Funding	State and local responsibility (no federal funding)	State, local, and federal. IDEA funds cannot be used to serve students eligible only under Section 504.	Public entities, including schools, business establishments and public accommodations.
Administrator	Section 504 Officer (school systems with 15 plus employees) to coordinate efforts to comply with this law.	Special education director or designee.	ADA Officer is required to coordinate efforts to comply with this law.
Service Mechanism	Individualized Service Plan (ISP). Accommodations and/or related aids and services, including the services of special educators and related service professionals, when the student does not otherwise qualify for special education.	Individualized Education Program (IEP). Some IEPs will include Section 504 accommodations necessary for success in the general classroom.	Reasonable accommodations and other non-discriminatory employment practices.
Population	Identifies person as disabled so long as she/he meets the definition of qualified persons with disabilities; i.e., has a physical or mental impairments, which substantially limits a major life activity, has a record of such an impairment, or is regarded as disabled by others.	Identifies 13 qualifying conditions: autism, deafness, deaf-blindness, hearing impairment, mental retardation, multiple disabilities, orthopedic impairment or other health impairment, serious emotional disturbance, specific learning disability, speech or language impairment, traumatic brain injury, and visual impairment.	Identifies person a disabled so long as she/he meets the definition of a qualified person with disabilities; i.e., has a physical or mental impairment which substantially limits one or more major life activities, has record of such impairment, or is regarded as disabled by others.

Component	Section 504	IDEA	ADA
Eligibility	A person is eligible so long as she/he meets the definition of a qualified person with disabilities, i.e., currently has a physical or mental impairment that substantially limits a major life activity, has a record of such an impairment, or is regarded as disabled by others. The student is not required to need special education services to be protected.	A student is only eligible to receive special education and related services if the multidisciplinary team determines that the student has a disability under one of the 13 qualifying conditions and requires special education services.	A person is eligible so long as she/he meets the definition of a qualified person with disabilities; i.e., currently has a physical or mental impairment which substantially limits one or more major life activities, has a record of such impairment or is regarded as disabled by others.
Free Appropriate Public Education	A student could receive special education services and/or related aids and services and/or accommodations.	A student must be eligible and need special education before they are entitled to a related service.	Addresses education in terms of accessibility requirements but cannot be read to require a lesser standard than Section 504. Requires private and public entities not to use employment practices that discriminate on the basis of a disability.
Accessibility	Federal regulations regarding building and program accessibility requires that newly constructed or altered facilities comply with applicable physical accessibility standards. The school must provide access to programs and activities located in other facilities.	Requires that modifications must be made if necessary to provide access to a free appropriate public education.	Federal regulations regarding building and program accessibility requires that newly constructed or altered facilities comply with applicable physical accessibility standards. The school must provide access to programs and activities located in other facilities.
Drug and Alcohol Use	Current drug use is not considered a disability. An individual who has stopped using drugs and/or alcohol and is undergoing rehabilitation could be eligible for accommodations.	Drug and alcohol use is not covered under special education.	Current drug use is not considered a disability. Current alcohol abuse that prevents individuals from performing duties of the job or that constitutes a direct threat to property or safety of others is not considered a disability.
Contagious Diseases	Persons are eligible for services and protected from discrimination if the impairment interferes with a major life activity.	Could be eligible under the category of "other health impaired."	Permits qualification standard requiring that an individual with a currently contagious disease or infection not pose a direct threat to the health or safety of others even with accommodations.
Procedural Safeguard	Requires notice to the parent or guardian with respect to identification, evaluation, and placement.	Requires notice to the parent or guardian with respect to identification, evaluation, and placement. Notice provisions are more comprehensive. Minimum requirements of the notice are specified.	Make provisions for public notice, hearings, and awarding attorney fees. Self-evaluation and transition plans are required and updated annually.

Component	Section 504	IDEA	ADA
Notice and Consent	Parents must be notified and invited to participate in any decision concerning the identification, assessment, evaluation, and placement of their child. Parents must also be notified of the procedure to appeal decisions concerning any of these areas.	Written notice is required prior to any change in placement.	Not applicable.
Evaluations	Evaluation draws on information from a variety of sources that address all areas of suspected disability. The SST Team will obtain and review current, complete and reliable information on the student's educational, psychological, medical, and/or social/emotional history and status that is sufficient to (a) fully and accurately identify the nature and extent of any disabilities the student may have and (b) determine the services, if any, that are necessary and appropriate for the student's individual needs. Decisions are made by a group knowledgeable about the student, evaluation data, and placement options. Requires written parental notice. Parental support is a priority. Requires periodic reevaluation. Reevaluation is required before a significant change in placement. No provision is made for independent evaluations at district expense. However, if the District is unable to perform an evaluation necessary to obtain relevant information about a student, the District must arrange for the evaluation to conducted at no cost to the parents.	A full comprehensive evaluation is required assessing all areas related to the suspected disability. A multidisciplinary team evaluates the student. Consent is required before the initial evaluation is conducted. Requires reevaluation to be conducted at least every 3 years. A reevaluation is not required before a significant change in placement. Provides for independent educational evaluation. A due process hearing is available if the school and parent disagree on the need for an independent evaluation.	All schools should conduct or update their Section 504 self-evaluation regarding services, accessibility, practices, and policies to assure discrimination is not occurring with any individual with disabilities.

Component	Section 504	IDEA	ADA
Services	When interpreting evaluation data and making service decisions, both laws require districts to: ■ draw upon information from a variety of sources ■ assure that all information is documented and considered ■ the service decision is made by a group of persons including those who are knowledgeable about the student, the disability, the meaning of the evaluation data, and placement options ■ ensure that the student is educated with his/her nondisabled peers to the maximum extent appropriate (Least Restrictive Environment--LRE) ■ require notice and evaluation before any change of services.		Not applicable
Review of Program	Accommodations should be reviewed periodically	An IEP review meeting is required at least annually, or before any significant change.	Not applicable
Grievance Procedures	Requires districts to provide a grievance procedure for parents, students, and employees.	Does not require a grievance procedure. Complaint Procedures (SEA)	Any school district shall adopt and publish grievance procedures for resolution of ADA complaints.
Complaint Procedures	An individual or organization may file a complaint with the Office for Civil Rights (OCR). An OCR compliant must be filed, in writing, within 180 days after the violation has occurred. In certain cases, OCR will consider complaints where more than 180 days have elapsed.	A formal complaint process is required. Parents can file a complaint with the state, a decision must be provided within 60 days.	An individual or organization may file a complaint with the Office for Civil Rights. An OCR complaint must be filed, in writing, within 180 days after the violation has occurred. In certain cases OCR will consider complaints where more than 180 days have elapsed.
Due Process	Requires districts to provide impartial hearings for parents or guardians who disagree with the identification, evaluation, or placement of student with disabilities. School districts or parents can initiate due process hearings. 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. See the procedures regarding 504 due process hearings in the District Administrative Procedure 6025, Appendix E, Section C.B. and/or C.9. Delineates specific requirements.		Either party can initiate due process hearings. The court may allow a reasonable attorney's fee for the prevailing party.

Component	Section 504	IDEA	ADA
Mediation	Not required, however mediation should always be suggested.
Exhaustion	Administrative hearing is not required prior to OCR involvement or court action.	The parent or guardian should exhaust all administrative hearings before seeking court action.	An administrative hearing is not required prior to OCR involvement or court action.
Enforcement	Enforced by the U.S. Office for Civil Rights. The regional office is part of the U.S. Department of Education located at: 50 Beale Street, Suite 7200 San Francisco, CA 94105	Enforced by the U.S. Office of Special Education Programs. The State Board of Education and the Office of Special Education Programs monitor compliance.	Enforced by the U.S. Office for Civil Rights, the EEOC, or the U.S. Department of Justice, depending on the issue involved.
Discipline of Students with Disabilities	Requires that a school district evaluate any student with disabilities before making an initial placement or any subsequent, significant change in his or her placement, and when a proposed exclusion of a student with disabilities is permanent (expulsion), for an indefinite period, or for more than 10 consecutive school days. Before implementing a suspension or expulsion that constitutes a significant change in the student's placement, the school must conduct a reevaluation to determine if the behavior was caused by the disability and whether the student was properly placed and receiving appropriate services at the time of the behavior. If there is no relationship between the disability and the behavior, and if the student was properly placed and receiving appropriate services, the school can expel the student. The school is not required to provide services and/or accommodations during the expulsion period.	Requires that a school district evaluate any student with disabilities before making an initial placement or any subsequent, significant change in his or her placement. The proposed exclusion of a student with disabilities that is permanent (expulsion), for an indefinite period, or for more than 10 consecutive school days, constitutes a "significant change in placement." Before implementing a suspension or expulsion that constitutes a significant change in the student's placement, the school must conduct a reevaluation to determine if the behavior was caused by the disability. If there is no relationship between the disability and the behavior, the school can expel the student but still needs to provide a free and appropriate public education. This means special education services outlined in the IEP.	Not applicable.

Reproduced with permission from the North Dakota Department of Public Instruction. Source: Section 504/ISP Guidelines for Educators, San Diego Unified School District, 2010. LRP July 21, 2010