A Comparison Of Idea 2004 And Section 504

IDEA 2004 and Section 504: A Comparison

The fundamental difference between IDEA 2004 and Section 504 is as follows:

• IDEA 2004 is a federally funded statute that was developed to provide states with financial assistance in order to ensure that students with disabilities receive free, appropriate services.
• Section 504 is a civil rights law. The law was designed to protect the rights of individuals with disabilities who are served in programs that receive federal financial assistance from the U.S. Department of Education.

The following question and answer (Q&A) dialogue is based on frequently asked questions about similarities and differences between regulations and procedures under IDEA 2004 and Section 504. We hope that the answers will assist parents and educators in making more informed decisions about how to advocate for children with disabilities and to assist in determining which laws will best meet the needs of a child's unique disability.

Q:   Who is protected under IDEA 2004 and Section 504?

A:   If a child is of school age (three to twenty-one years old) and meets eligibility criteria for one of the thirteen disability categories listed under IDEA 2004, and if that disability is significantly interfering with the child's ability to learn, then that child is covered under IDEA 2004.

If the child, adolescent, or adult has a disability (physical or mental impairment) that significantly interferes with one or more major life activities,* or is regarded as disabled by others, and the individual is in a program that receives federal financial assistance from the U.S. Department of Education, then that individual is covered under Section 504.

This is an important distinction because individuals in postsecondary institutions are not protected under IDEA 2004, but may be protected under Section 504.

* Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performance on manual tasks.

Q:  What are the regulations regarding a free and appropriate public education (FAPE)?

A:   Individuals who qualify under IDEA 2004 receive FAPE, which may include individual instruction but must include a written IEP and an IEP meeting held at least annually.

Under Section 504, there is provision for FAPE for eligible students and the possibility of individual instruction; however, an IEP is not part of the process. Instead there is a written plan that is discussed during an educational meeting.

Q:   How would modifications to programming or curriculum differ for a student under IDEA 2004 versus Section 504?

A:   Under IDEA 2004, students receive an individualized education program (IEP) that is designed to meet their individual educational needs and any related services (for example, speech and language therapy, physical therapy) that may be necessary to enhance learning.

Under Section 504, students with disabilities will be provided with accommodations that will help them to benefit from the educational programming that is received by their nondisabled peers.

Q:  Can a child with a 504 Plan receive the benefit of individual special education programming?

A:   While all children who are deemed eligible for services under IDEA 2004 will also qualify for services under Section 504, the reverse is not necessarily true. Under IDEA 2004, students are deemed eligible for special education services because they have one of the thirteen disabilities listed under IDEA 2004 and the disability adversely affects the student's ability to learn. These children are provided with an IEP developed as part of special education and related services.

Under Section 504, a child will be considered as "disabled," but there is no burden of proof that the disability is negatively affecting learning. Accommodations will be provided in the regular educational program to assist the individual to access educational opportunities to the same extent as his or her nondisabled peers.

Q:  To what extent can a child's educational program be modified under IDEA 2004 and Section 504?

A:   Under IDEA 2004, any eligible student can have their program modified to the extent necessary to achieve FAPE.

Under Section 504, appropriate accommodations might include equal access to buildings (physical accommodations); enhanced communication systems (for example, an FM system to help students who have hearing impairments); use of a note taker; or extra time to complete tasks and tests.

Q:   Who enforces IDEA 2004 and Section 504?

A:   IDEA 2004 is a federal law that falls under the U.S. Office of Special Education Programs and is compliant to the law monitored by the State Departments of Education and the Office of Special Education Programs (OSEP).

Section 504 is an anti-discrimination law and is the responsibility of the U.S. Office for Civil Rights, and is not part of the State Department of Education.

Q:   Who funds the laws?

A:   IDEA 2004 is federally funded; school districts receive funding for students who are eligible for special education under IDEA 2004. Section 504 provides protection against discrimination but does not fund students who receive services under Section 504.