Differences between Section 504 and IDEA

Article by rosy (3,036 pts ) , published Jun 13, 2009

This article illustrates a few differences between Section 504 and IDEA. Both legal statutes provide appropriate education to children with disabilities, but there are some differences between the two.

Basic Differences between Section 504 and IDEA

IDEA and Section 504 mainly differ from each other in selection procedures, eligibility and appropriate education facilities to the eligible student candidates.

IDEA (Individuals with Disabilities Education Act) refers to special education law enacted by congress in 1975. A child with a disability covered under IDEA is entitled to receive Free Appropriate Public Education (FAPE) in the least restrictive environment (LRE). A child is covered under IDEA with special educational needs on the basis of his/her disability and Individualized Education Program (IEP) is designed to meet these special educational needs.

Section 504 plan under the Americans with Disabilities Act (ADA) refers to a civil rights law that protects children with disabilities against any discrimination on the basis of their disability. Children with disabilities covered under Section 504 receive modifications and accommodations in the instructional strategies to incorporate effective learning. To receive special education under Section 504, it is required that a child must have a physical or mental impairment that limits his/her major life activity. Under Section 504 a list of qualifying impairments is not given as is given under IDEA.

Two cases are discussed to understand the difference between IDEA and Section 504

In the first case Mary is a 5th grade partially visually impaired child with special needs. Under Section 504 of the Americans with Disabilities Act, Mary must be accommodated to fulfill her special needs such as adequate seating arrangement in the classroom, availability of the enlarged printed text material, adequate light etc to help her with special accommodations in the regular classroom.

In the second case Michael is another special child who is visually impaired with ADHD. Both these conditions are affecting his learning and educational performance. Michael needs to be placed under IDEA to meet his special needs to achieve maximum educational benefit.

Two cases discussed above illustrate the basic difference of eligibility required to receive special education services under Section 504 and IDEA.

 
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