504 and Special Education

Both Section 504 and IDEA aim to ensure equitable access to education for students with disabilities. Here's a brief comparison and key insights:

• Legal Foundation

  • • Section 504: A civil rights law removing barriers for students with disabilities.

    • IDEA: A special education law providing individualized services through IEPs.

• Eligibility

  • • Section 504: Covers students with impairments limiting major life activities, even without special education.

    • IDEA: Requires disabilities significantly impacting educational performance needing specialized instruction.

• Attendance & Discipline

  • • Disabilities often influence attendance due to medical, mental health, sensory, or executive functioning challenges, necessitating accommodations like flexible schedules or behavioral interventions.

    • Discipline must consider whether behaviors stem from disabilities, with IDEA requiring positive supports for IEP students.

• Key Overlaps

  • • Both laws provide services, accommodations, and mental health supports, aiding students who don’t qualify for IDEA but still need accommodations.

Administrator Takeaway

Understand the distinctions between Section 504 and IDEA to address attendance, discipline, and accommodations effectively. Section 504 ensures consistent support across grades and districts, providing equal access for students with significant life activity limitations like sensory or executive functioning challenges (e.g., ADHD).