fw: Understanding the Differences Between IDEA and Section 504

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Wilbur Hawke Co-DirectorFamily Network on Disabilities of FloridaParent Education Network (PEN)1800-TALKPEN1 800 825-5736239 417-3636wilbur@...

Sent: Monday, January 04, 2010 8:12 AMTo: \(mharris@....\), smduverge@..., virginia_piper@..., BevMcCarty@..., caru.echenique@..., "Gwen" , " Hebdon" , janet@..., josie@..., karen.harrison@..., kim.jones@..., " Mattheiss" , lisa.gorove@..., "Marie-Anne Aghazadian" , "Marsha Goldberg" , " Eaddy" , mlacorte@..., plog122750@..., "Rene Swink" , sfolger@..., "Suzanne Bowers" , takemoto@..., vbdieter@..., wvpti@...Subject: Understanding the Differences Between

IDEA and Section 504I know many of you have this information but it might be useful to some ofthe new centers.Enjoy,JudyUnderstanding the Differences Between IDEA and Section 504By: Council for Exceptional Children (2002)An Overview of IDEA and Section 504Since 1975, every child with a disability has been entitled to a free andappropriate public education (FAPE) designed to meet his individual needsunder the rules and regulations of the Individuals with DisabilitiesEducation Act (IDEA). This federal law governs all special educationservices and provides some funding to state and local education agencies toguarantee special education and related services for those students who meetthe criteria for eligibility in a number of distinct categories ofdisability, each of which has its own criteria.According to the U.S. Department

of Education, approximately 5.5 millionchildren with disabilities receive special education and related servicesand are protected by IDEA. However, some kids with special needs do notreceive services under IDEA, but are served under Section 504 of theRehabilitation Act of 1973. Section 504, a civil rights law, prohibitsdiscrimination on the basis of disabling conditions by programs andactivities receiving or benefiting from federal financial assistance. Thisstatute does not require the federal government to provide additionalfunding for students identified with special needs. Schools must providethese children with reasonable accommodations comparable to those providedto their peers under the rulings of Section 504. Although not a financingstatute, Section 504 does provide for enforcement of the mandate: A schoolthat is found by the Office of Civil Rights to be out of compliance withSection 504 may

lose its federal financing.For some children, providing the appropriate modifications andaccommodations they need is the only way they will be successful in theirschool experiences. A thorough understanding of the provisions of these twolaws and how they differ can help you and your child's teachers plan themost appropriate education for your child..An Overview of the DifferencesThe major differences between IDEA and Section 504 are in the flexibility ofthe procedures. For a child to be identified as eligible for services underSection 504, there are less specific procedural criteria that govern therequirements of the school personnel. Schools may offer a student lessassistance and monitoring with Section 504 because there are fewerregulations by the federal government to instruct them, especially in termsof compliance.In contrast, a child identified for services under IDEA

must meet specificcriteria. The degree of regulation is more specific in terms of time frames,parental participation, and formal paperwork requirements. IDEA alsoaddresses the special education of students with disabilities from preschoolto graduation only (from ages 3 to 21). Section 504 covers the lifespan andsafeguards the rights of persons with disabilities in many areas of theirlives, including employment, public access to buildings, transportation, andeducation.The criteria for identification, eligibility, appropriate education, and dueprocess procedures under IDEA and Section 504 vary. It is important for youand your child's teachers to understand how these laws differ, and how thosedifferences could affect your child's education.Identification and EligibilityIn order for children with disabilities to receive services, they must byidentified and then determined to be

eligible for these services. Under IDEAguidelines, school districts are required to identify and evaluate allchildren suspected of having a disability whose families reside within thedistrict. Section 504 does not have this requirement.IDEA* Covers all school-aged children who fall within one or more specificcategories of qualifying conditions (i.e., autism, specific learning<http://www.ldonline.org/indepth/aboutld> disabilities, speech or languageimpairments, emotional disturbance, traumatic brain injury, visualimpairment, hearing impairment, and other health impairments).* Requires that a child's disability adversely affects her educationalperformance.Section 504* Covers individuals who meet the definition of qualified"handicapped" person -- for example, a child who has or has had a physicalor mental impairment that substantially limits a major life

activity or isregarded as handicapped by others. (Major life activities include: walking,seeing, hearing, speaking, breathing, learning, working, caring for oneself,and performing manual tasks.)* Does not require that a child need special education to qualify.Note: Students who are ineligible for services or are no longer entitled toservices under IDEA (e.g., kids with LD who no longer meet IDEA eligibilitycriteria) may be entitled to accommodations under Section 504.EvaluationA child with a disability is assessed to determine what services, if any,are needed.IDEA* Requires that the child be fully and comprehensively evaluated<http://www.ldonline.org/indepth/evaluation> by a multidisciplinary team.* Requires informed and written parental consent.* Requires a reevaluation of the child at least once every threeyears, or if conditions warrant a

reevaluation, or if the child's parent orteacher requests a reevaluation.* Provides for independent evaluation at the district's expense ifparents disagree with first evaluation.* Does not require reevaluation before a significant change inplacement.Section 504* Evaluation draws on information from a variety of sources and isdocumented.* Decisions about the child, evaluation data, and placement optionsare made by knowledgeable individuals. Such decisions do not require writtenconsent of the parents, only that the parents are notified..* Requires "periodic" reevaluation.* No provisions made for independent evaluation at school's expense.* Requires reevaluation before a significant change in placement.Responsibility to Provide FAPEFAPE is an acronym for a Free and Appropriate Education.IDEA* Requires an individualized

education<http://www.ldonline.org/indepth/iep> program (IEP).* "Appropriate" education means a program designed to provide"educational benefit" for a person with disabilities.* Placement may be any combination of special education and generaleducation classrooms.* Provides related services, if required. Related services may includespeech and language therapy, occupational therapy, physical therapy,counseling services, psychological services, social services, andtransportation.Section 504* Does not require an IEP, but does require a plan.* "Appropriate" means an education comparable to the educationprovided to those students who are not disabled.* Placement is usually in a general education classroom. Children canreceive specialized instruction, related services, or accommodations withinthe general education classroom.* Provides related services, if

needed.Due Process ProceduresSometimes parents and school districts disagree about how a child withdisabilities should be educated. When this happens, there are procedures inplace to handle these disagreements.IDEA* Must provide impartial hearings for parents who disagree with theidentification, evaluation, or placement of the student.* Requires written consent.* Describes specific procedures.* An impartial appointee selects a hearing officer.* Provides "stay-put" provision (the student's current IEP andplacement continues to be implemented) until all proceedings are resolved.* Parents must receive ten days' notice prior to any change inplacement.* Enforced by U.S. Department of Education, Office of SpecialEducation.Section 504* Must provide impartial hearings for parents who disagree with theidentification, evaluation, or

placement of the student.* Does not require parental consent.* Requires that parents have an opportunity to participate and berepresented by legal counsel -- other details are left to the discretion ofthe school.* A hearing officer is usually appointed by the school.* No "stay-put" provisions.* Does not require that parents are notified prior to the student'schange of placement, but they still must be notified.* Enforced by U.S. Department of Education, Office of Civil Rights.From Understanding the Differences Between IDEA and Section 504, TeachingExceptional Children, v.34(3). Copyright 2002 by the Council for ExceptionalChildren. Reprinted with permission.Judy HigginbothamRegion 2 TA CoordinatorECAC907 Barra Row, Suites 102/103son, NC 28036

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