Section 504 is part of the Rehabilitation Act of 1973. Is was amended by the ADA Amendments Act of 2008. Section 504 is a federal civil rights statute that prohibits discrimination against "otherwise qualified handicapped individuals" in any program or activity receiving federal financial assistance, such as public schools. Section 504 is not a funding statute. The main purpose of Section 504 is to prohibit discrimination while assuring that disabled students have educational opportunities and benefits equal to those provided to non-disabled students. If a student is found not to be eligible under IDEA, the requirements of Section 504 may be suitable if he/she meets the Section 504 definition of a disability, which is any person who has a physical or mental impairment, which substantially limits a major life activity.
A student is considered to be handicapped under Section 504 if he/she:
Major life activities include but are not limited to:
A record of impairment may include a history of an impairment and/or a diagnosis of assessment of an impairment.
Section 504 prohibits discrimination against students with disabilities and requires school districts to provide students with disabilities regular or special education and related services that are designed to meet individual educational needs of students with disabilities as adequately as the needs of non disabled students are met. Any necessary accommodations must be delineated in a Section 504 plan.
IDEA requires districts to provide disabled students (ages 3 through 21) with special education and related services and supplementary aids and services designed to meet their unique needs and prepare them for further education, employment, and independent living. The special education and related services must be delineated in an individualized education program (IEP). In the IEP there is a specific plan on how the student will receive specially designed instruction which is the main difference between Section 504.