The Laws: IDEA and Section 504
Section 504
Section 504 of the Vocational Rehabilitation Act of 1973 is an anti-discrimination clause
which originally was developed to protect disabled persons and their employment opportunities.
It ensures that the educational system provide a full range of accommodations and services for students
with special needs. This statute is broader and more flexible than IDEA, addressing the needs
of children whose disabilities do not interfere with their ability to learn. The act says in part,
that:
"Due to substantial mental or physical impairments that limit one or more of the student's
major life activities, special accommodations to the student's program are required."
Thus, to obtain 504 accommodations, the child's educational performance does not have to be adversely
affected by his handicap. The "major life activities" include: walking, seeing, hearing, speaking,
breathing, learning, working, caring for oneself and performing manual tasks.
All schools have special educational programs; some have little or no 504 delivery systems.
IDEA is preferable when services needed are expensive, because school districts are reimbursed
for soem of the costs by the state and federal government; with 504 there is no reimbursement
whatsoever. Advantages of IDEA over 504:
- procedural safeguards: the safeguards under IDEA are more extensive and protective of parent's
rights than those under Section 504 (e.g. parent's participation in developing the IEP and placement
decisions); 504 contains little detail on implementation
- in regards to children with behavioral problems: IDEA requires that the IEP contain positive
behavioral intervention strategies and is specific about safeguards which limit the types of disciplinary
actions that schools can take, particularly for behavior that is related to the child's disability
But remember, some children do not need the services of IDEA/Special Education; they must have a
sufficient level of educational interference resulting from their disability to qualify (the "educational need")
The Individuals With Disabilities Education Act (IDEA)
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