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Every school has a very diverse population of students. Special populations are one of the populations of students that are identified on every school campus. These populations of students have a disability that impairs one of their major life functions. There are two laws to ensure that students with disabilities have access to a Free Appropriate Public Education (FAPE). They are:
Every school has a very diverse population of students. Special populations are one of the populations of students that are identified on every school campus. These populations of students have a disability that impairs one of their major life functions. There are two laws to ensure that students with disabilities have access to a Free Appropriate Public Education (FAPE). They are:
The Individuals with Disability Education Act (IDEA, 2004) and the Rehabilitation Act of 1973, Section 504. Although these laws are often seen lumped together, there are some significant differences between the two laws.
The Individuals with Disability Education Act (IDEA, 2004) and the Rehabilitation Act of 1973, Section 504. Although these laws are often seen lumped together, there are some significant differences between the two laws.
The Purpose of IDEA is:
The Purpose of IDEA is:
- to ensure that all children with one of the 13 specific disabilities listed in IDEA have available to them a free appropriate public education that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living;
- to ensure that the rights of children with disabilities and parents of such children are protected;
- to assist States, localities, educational service agencies, and Federal agencies to provide for the education of all children with disabilities;
- to assist States in the implementation of a statewide, comprehensive, coordinated, multidisciplinary, interagency system of early intervention services for infants and toddlers with disabilities and their families;
- to ensure that educators and parents have the necessary tools to improve educational results for children with disabilities by supporting system improvement activities; coordinated research and personnel preparation; coordinated technical assistance, dissemination, and support; and technology development and media services;
- to assess, and ensure the effectiveness of, efforts to educate children with disabilities. Students are given an Individualized Education Program (IEP) Plan to address their needs in the school setting.
The Rehabilitation Act of 1973, Section 504 addresses:
The Rehabilitation Act of 1973, Section 504 addresses:
Protections for students with disabilities. Section 504 is a federal law designed to protect the rights of individuals with disabilities in programs and activities that receive Federal financial assistance from the department. Students under the 504 umbrella are covered under a much broader definition of a disability. Students are given a 504 plan in order to address their needs in the school setting.
OCR enforces section 504 in public elementary and secondary schools.
Section 504 states: “No otherwise qualified individual with a disability in the United States… shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….”
Reference the chart and the links below for more helpful information about 504 and IDEA:
Reference the chart and the links below for more helpful information about 504 and IDEA:
What's the difference between an IEP and a 504 Plan?
What's the difference between an IEP and a 504 Plan?
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