2260C - MAJOR DIFFERENCES BETWEEN THE IDEA AND SECTION 504

Van Buren Intermediate School District

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.

Special Education vs. Regular Education	A student is only eligible to receive IDEA services if the multi-disciplinary team determines that the student has one of the 11 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.

	The IDEA	Section 504

Funding	If a student is eligible under the IDEA, the District 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 guarding with respect to identification, evaluation, and placement.

	Requires written notice	Does not require written notice, but a District 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 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 Districts 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.

	The IDEA	Section 504

Enforcement	Not enforced by OCR. Compliance is monitored by the Ohio Department of Education.	Enforced by the Federal Office for Civil Rights.

	Both statutes provide for due process hearings.

	The Department of education will resolve complaints.

Employment	No provision.	Employment of persons with disabilities is regulated.