John Glenn School Corporation
Administrative Guidelines
 

2260C - MAJOR DIFFERENCES BETWEEN THE IDEA AND SECTION 504

 

The IDEA

 

Section 504

       

Who is protected?

Lists 13 categories of

 

Much broader. A student

 

qualifying conditions.

 

is eligible so long as s/he

     

meets the definition of

 

Autism

 

qualified handicapped

 

Deaf-Blindness

 

persons; i.e., has or has

 

Deafness

 

had a physical or mental

 

Hearing Impairment

 

impairment which

 

Mental Retardation

 

substantially limits a

 

Multiple Disabilities

 

major life activity, or is

 

Orthopedic Impairment

 

regarded as handicapped

 

Other Health Impairment

 

by others.

 

Serious Emotional Disturbance

   
 

Specific Learning Disability

   
 

Speech/Language Impairment

   
 

Traumatic Brain Injury

   
 

Visual Impairment

   
       

Duty to provide a

Both require the provision of a free appropriate

free appropriate

education to students covered under them including

education

individually designed instruction.

       
 

Requires the District to provide

 

"Appropriate" means an

 

IEPs. "Appropriate education"

 

education comparable to

 

means a program designed

 

the education provided to

 

to provide "educational

 

nonhandicapped students.

 

benefit."

   
       

Special Education

A student is only eligible to

 

A student is eligible so

vs. Regular

receive IDEA services if the

 

long as s/he meets the

Education

multi-disciplinary team

 

definition of qualified

 

determines that the student

 

handicapped person; i.e.,

 

has one of the 13

 

has or has had a physical

 

handicapping conditions

 

or mental impairment

 

and needs special education.

 

which substantially limits

     

a major life activity, or is

     

regarded as handicapped

     

by others. The student is

     

not required to need

     

special education in order

     

to be protected.

 

The IDEA

 

Section 504

       

Funding

If a student is eligible under

 

Additional funds are not

 

the IDEA, the Corporation

 

provided.

 

receives additional funding.

   
       

Accessibility

Not specifically mentioned

 

Detailed regulations

 

although if modifications must

 

regarding building and

 

be made to provide a free

 

program accessibility.

 

appropriate education to a

   
 

student, the IDEA requires it.

   
       

Procedural

Both require notice to the parent or guardian with respect to

Safeguards

identification, evaluation, and placement.

       
 

Requires written notice.

 

Does not require written

     

notice, but a Corporation

     

would be wise to do so.

       
 

Notice provisions are much

   
 

more comprehensive. What

   
 

the notice at a minimum must

   
 

provide, is specifically spelled

   
 

out.

   
       
 

Written notice is required prior

 

Notice is required only

 

to any change in placement.

 

before a "significant

     

change in placement."

       
 

Provisions for independent

 

Not required.

 

evaluations.

   
       

Due Process

Both require Corporations to provide impartial hearings for

Hearings

parents or guardians who disagree with the identification,

 

evaluation, or placement of a student with disabilities. (See

 

grievance procedure requirement.) The rules are virtually

 

identical.

   
       

Exhaustion

The parent or guardian must

 

No exhaustion

 

pursue the administrative

 

requirement.

 

hearing before seeking redress

   
 

in the courts.

   
 

The IDEA

 

Section 504

       

Enforcement

Not enforced by OCR.

 

Enforced by the Federal

 

Compliance is monitored by

 

Office for Civil Rights.

 

the Indiana Department of

   
 

Education.

   
       
 

Both statutes provide for due process hearings.

       
 

The U.S. Department of Education will resolve complaints.

       

Employment

No provision.

 

Employment of persons

     

with disabilities is

     

regulated.