2260C - MAJOR DIFFERENCES BETWEEN THE IDEA AND SECTION 504

Whitmore Lake Public Schools

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 student 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 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 guardian 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.

	The IDEA		Section 504

	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.

Enforcement	Not enforced by OCR. Compliance is monitored by the Michigan 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.