Oregon-Davis School Corporation
Administrative Guidelines
 

2260C - MAJOR DIFFERENCES BETWEEN THE IDEA AND SECTION 504

The IDEA

Section 504

Who is protected?

Lists 13 categories of qualifying conditions.

Much broader. A student is eligible so long as s/he meets the definition of qualified handicapped person; i.e., has or has had a physical or mental impairment which substantially limits a major life activity, or is regarded as handicapped by others.

Autism
Deaf-Blindness
Deafness
Hearing Impairment
Mental Retardation
Multiple Disabilities
Orthopedic Impairment
Other Health Impairment
Serious Emotional Disturbance
Specific Learning Disability
Speech/Language Impairment
Traumatic Brain Injury
Visual Impairment

Duty to provide a free appropriate education

Both require the provision of a free appropriate education to students covered under them including individually designed instruction.

Requires the District to provide IEPs. "Appropriate education" means a program designed to provide "educational benefit."

"Appropriate" means an education comparable to the education provided to nonhandicapped students.

The IDEA

Section 504

Special Education vs.
Regular Education

A student is only eligible to
receive IDEA services if the
multi-disciplinary team
determines that the students
has one of the 13
handicapping conditions and
needs special education.

A student is eligible so
long as s/he meets the
definition of qualified
handicapped person; i.e.,
has or has had a
physical or mental
impairment 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.

Funding

If a student is eligible under the IDEA, the Corporation receives additional funding.

Additional funds are not provided.

Accessibility

Not specifically mentioned
although if modifications must
be made to provide a free
appropriate education to a
student, the IDEA requires it.

Detailed regulations regarding building and program accessibility.

Procedural Safeguards

Both require notice to the parent or guardian with respect to identification, evaluation, and placement.

Requires written notice.

Does not require written notice, but a Corporation would be wise to do so.

The IDEA

Section 504

Notice provisions are much
more comprehensive. What the
notice at a minimum must
provide, is specifically spelled
out.

Written notice is required prior to any change in placement.

Notice is required only
before a "significant
change in placement".

Provisions for independent evaluations.

Not required.

Due Process
Hearings

Both require Corporations to provide impartial hearings for 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 pursue the administrative hearing before seeking redress in the courts.

No exhaustion requirement.

Enforcement

Not enforced by OCR. Compliance is monitored by the Indiana Department of Education.

 

Enforced by the Federal Office for Civil Rights.

       
 

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.

© Neola 2011