What is the difference between Section 504 and IDEA?
There are significant differences between Section 504 and
IDEA. Perhaps the most significant is that Section 504 is is
a civil rights law, and IDEA is an educational benefit law.
Sectin 504 is designed to level the playing field for individuals
with disabilities. Its purpose is to ensure that individuals
with disabilities have the same access to education that
individuals without disabilities have. It does this by eliminating
barriers that exclude individuals with disabilities from
participating in protected activities, including a free and
appropriate public education. As an educational benefit law,
IDEA offers additional services and protections for those with
disabilities that are not offered to those without
disabilities.
These laws are also distinguished by the their different
eligibility requirements and the benefits they provide. The
definition of a disability is much broader under Section 504 than
it is under IDEA. All IDEA students are covered by Section
504, where as not all Section 504 students are protected under
IDEA. An IEP, which is provided to students covered by
IDEA, must be tailored to the child's unique needs and must result
in educational benefit. However, a Section 504 Plan provides
accommodations based on the child's disability and resulting
weaknesses, but does not require academic improvement.
Additionally, fewer procedural safeguards are offered to
children and parents under Section 504 than under IDEA.