SECTION 504/ADAAA COMPARED TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) Eligibility for protections and services Section 504 is not the same as eligibility for IDEA. Section 504 has a much broader definition of what constitutes a disability. Under IDEA, students must need specialized instruction and meet various criteria for the program of suspected disability. Specialized instruction is provided to the student via an Individualized Education Plan (IEP). Section 504, however, is the provision that protects the civil rights for a student and is created to the playing field” for students with mild to moderate “level disabilities. These students are in a general education setting and do not need specialized instruction to meet their needs, However, they may need limited support with medication, accommodations for testing and/or class work, or for behavior support. Some individuals may be eligible for protections under Section 504, yet may not require specific accommodations or supports due to mitigating measures such as medication or therapy. IEP SECTION 504 DEFINITION Individualized Education Program: Section 504 of the Rehabilitation Act of 1973: student program or curriculum that is equal opportunity for those students with essentially different from what peers disabilities fundamentally a general education – utilize fundamentally a special program at its core with supports extended to – education program at its core access it PURPOSE Specialized instruction with modification Accommodations for accessing standard program of actual program or curriculum or curriculum materials materials Only under specified disability categories: Less discriminatory available to students with ELIGIBILITY – Autism, Emotional, Specific Learning physical or mental impairment substantially Disability, Sensory (Hearing, Vision, limiting at least one major life activity, have a Deaf- Blind), etc. record of such impairment or regarded as having such an impairment Individuals with Disabilities Education Americans with Disabilities Act (ADA) Civil OVERSIGHT – Act (IDEA) Education Law Rights Law – Disability listing, vision statement, Plan objectives, definitions, care and self- care CONTENTS progress impact, short-term goals, details, resource access, health/medical accommodations/modifications, monitoring, emergency planning, testing and behavior and/or social skills plan if classroom dynamics, communication and applicable, summer services, transport notification instructions, additional contact needs, placement recommendation details Federal funding No federal funding FUNDING A student covered IDEA on an A student covered under ADA’s Section 504 is RECIPROCITY IEP is automatically covered under not necessarily covered by education law under ADA’s Section 504 IDEA Standardized testing accommodations Standardized testing accommodations available TESTING available Progress reporting No progress reporting TRACKING
SECTION 504/ADAAA COMPARED TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT (IDEA) Eligibility for protections and services Section 504 is not the same as eligibility for IDEA. Section 504 has a much broader definition of what constitutes a disability. Under IDEA, students must need specialized instruction and meet various criteria for the program of suspected disability. Specialized instruction is provided to the student via an Individualized Education Plan (IEP). Section 504, however, is the provision that protects the civil rights for a student and is created to “level the playing field” for students with mild to moderate disabilities. These students are in a general education setting and do not need specialized instruction to meet their needs, However, they may need limited support with medication, accommodations for testing and/or class work, or for behavior support. Some individuals may be eligible for protections under Section 504, yet may not require specific accommodations or supports due to mitigating measures such as medication or therapy. IEP SECTION 504 DEFINITION Individualized Education Program: student program or curriculum that is essentially different from what peers utilize – fundamentally a special education program at its core Section 504 of the Rehabilitation Act of 1973: equal opportunity for those students with disabilities – fundamentally a general education program at its core with supports extended to access it PURPOSE Specialized instruction with modification of actual program or curriculum materials Accommodations for accessing standard program or curriculum materials ELIGIBILITY Only under specified disability categories: Autism, Emotional, Specific Learning Disability, Sensory (Hearing, Vision, Deaf- Blind), etc. Less discriminatory – available to students with physical or mental impairment substantially limiting at least one major life activity, have a record of such impairment or regarded as having such an impairment OVERSIGHT Individuals with Disabilities Education Act (IDEA) – Education Law Americans with Disabilities Act (ADA) – Civil Rights Law CONTENTS Disability listing, vision statement, progress impact, short-term goals, accommodations/modifications, behavior and/or social skills plan if applicable, summer services, transport needs, placement recommendation Plan objectives, definitions, care and self- care details, resource access, health/medical monitoring, emergency planning, testing and classroom dynamics, communication and notification instructions, additional contact details FUNDING Federal funding No federal funding RECIPROCITY A student covered IDEA on an IEP is automatically covered under ADA’s Section 504 A student covered under ADA’s Section 504 is not necessarily covered by education law under IDEA TESTING Standardized testing accommodations available Standardized testing accommodations available TRACKING Progress reporting No progress reporting
16-17-504-Handbook.docx