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Section 504 of the
Rehabilitation Act of 1973
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The Individuals with Disabilities Education Act (IDEA) of 2004
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Federal Anti-Discrimination law (enacted in 1973)
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The IDEA is a federal public education law (first enacted in 1975)
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Civil rights law: Prohibits discrimination on the basis of disability
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Entitlement: Entitles eligible children with disabilities to be offered special education and related services
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Provides for accommodation and some modification to meet disability-related needs
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Provides specialized instruction and related services to eligible students
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Applies to all ages and to areas other than education, but contains special provisions applicable only to elementary and secondary education; other rules apply only to post-secondary education
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Applies to children from birth to age 21; no provisions for post-secondary education
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Requires the provision of FAPE, a “free and appropriate public education”
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Requires the provision of FAPE, a “free and appropriate public education”
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Requires eligibility determination that the child (1) has a disability that substantially limits one or more major life activities, and (2) needs accommodation to prevent discriminatory treatment
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Requires eligibility determination that the child (1) has a disability fitting the IDEA definition, and (2) requires specialized instruction to benefit from education
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Evaluation is needed to determine eligibility and appropriate accommodation
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Evaluation is needed to determine eligibility and appropriate supports and services
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Eligibility process can be accessed by a request from parent (a formal written request is strongly recommended)
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Eligibility process can be accessed by a request from parent (a formal written request is strongly recommended)
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Parental involvement important and encouraged; less emphasis on procedural safeguards than IDEA
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Procedural protections to insure strong parental involvement; parent consent required
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Needs and accommodation determined by multi-disciplinary team including parents and student, if appropriate
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Needs and services determined by Individualized Education Plan (IEP) team including parents and student, if appropriate
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Documented in a written plan called a 504 or Accommodation Plan
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Documented in a written IEP
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Each school or AEA is responsible for adopting its own due process procedures that meet the non-discrimination standard
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Uniform system of procedural and substantive safeguards and due process rights mandated by federal law
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Services usually delivered in a general education classroom
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Services can be delivered in a wide variety of settings from a general education classroom to a home, hospital or residential setting
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