Understanding IDEA and Section 504
IDEA
Section 504
Legislative
intent
To ensure a free and appropriate education
for children with disabilities who fall within one
of the specific disability categories as defined
by law
Based on the Americans with Disabilities Act,
civil rights laws, students with a disability are
ensured an opportunity to fully participate with,
and have access to, an appropriate education
comparable/equal to those of their peers.
Requirements
for an
appropriate
education
A program reasonably calculated to provide
“educational benefit”. Services are provided
to allow the student to benefit from the
educational process and are aligned with
specially designed instruction.
Reasonable accommodations, supports and
auxiliary aides are provided to allow access to
the general education curriculum/program
and/or environment.
Target
population
Students ages 3 through 21 years old who are
identified with a disability which adversely
affects their education performance and/or
ability to benefit from general education.
Protects all students with a disability from
discrimination in the educational setting based
solely on their disability. Under Section 504 a
disability is defined as: a person having a
physical, health, dietary or mental impairment
which significantly limits one or more major life
activities; has a record of such impairment; and
is regarded as having, or being perceived as
having, this recorded impairment.
Intent for
access to
educational
programs,
services and
instruction
Ensures a free and appropriate education
(FAPE) through supplemental educational
services and supports; these are in addition to
what are provided to students in the general
curriculum and are to ensure that the student
has access to and benefits from the general
curriculum , to the extent that is appropriate.
Barriers to accessing full participation in
programs and services offered in the general
curriculum and/or environment.
Assurance for
receipt of
educational
programs,
services and
instruction
 Requires a formal evaluation by a
multidisciplinary team, to determine eligibility
as a student with a disability
 Written consent must be obtained from the
parent/guardian prior to assessment
 Reevaluation every three years to determine
if services are still appropriate/needed.
 Requires a written Individualized Education
Plan (IEP) addressing the identified disability
and specifying the educational services and
supports necessary for a student to receive a
free and appropriate education (FAPE).
 Requires review of the student’s disability and
how the disability impacts access to the
educational programs, services and/or
environment which is comparable to access by
general education students. Generally this is
done by the Student Success Team/SST or 504
Team.
 Evaluation occurs through review of
information from a variety of sources in the area
of concern and a group or SST decision is made
regarding appropriate available
accommodations/modifications and/or
educational placement options.
 Requires a documented plan (not an IEP),
generally referred to as a 504 Plan.
 Requires yearly reevaluation or periodic
review to determine if disability still exists and if
so, if it impacts access to the educational
programs, services and/or environment.
Procedural
Safeguards
Requires written notice to parent/guardian
prior to identification, evaluation, placement
and/or change of services or placement.
Does not require written notice.
Does require notice before a significant change
in placement and if referred for evaluation
under IDEA.
Placement
Requires that the student receives a free and
appropriate education (FAPE) with his/her
non-disabled peers in the least restricted
environment
Student must receive a free and appropriate
education (FAPE) with his/her non-disabled
peers. Students are served in general
education with or without
accommodations/modifications.