Civil Rights Law vs. Educational Law
The Americans with Disability Act (ADA) Section 504 is a civil rights law. Section 504 of ADA guarantees that a child with a disability has equal ACCESS to an education and that it is comparable to an education provided to those who do not have a disability.
The Individuals with Disabilities Education Act (IDEA) is an educational law. IDEA lists 13 categories of special education, each with its own detailed requirements. To qualify, a child must have one of the identified disabilities and it must ADVERSELY AFFECT their educational performance.
This is an important distinction because a child who receives services under Section 504 does not benefit from the same mandates as a child who receives special education services under IDEA.
Examples of Disabilities that Fall Under Section 504 Instead of IDEA:
Children with a normal ability to learn academically, but who have a mobility impairment, use a wheelchair, have a neurological disorder, or are missing a limb.
Children with a normal ability to learn academically but who have a medical condition such as epilepsy, hemophilia, diabetes, AIDS, arthritis, allergies, asthma, tuberculosis, ADHD, cancer, spinal bifida and cerebral palsy.
A child who has frequent referrals for behavioral problems or is under a doctor’s care for a psychological condition such as anxiety or depression.
http://www.understandingspecialeducation.com/section-504.html
Here are a few important differences between these two laws.
Section 504 does not require written plans.
Parents have few rights under Section 504.
The school does not have to invite the parent to the meeting when the 504 plan is developed. However, the school must notify the parent that a 504 plan was developed.
Section 504 has fewer procedural safeguards to protect the parent and child.
Section 504 protections follows the child after s/he leaves the public school system. IDEA does not.
