Section 504 and IDEA
The chart below has been developed to help people understand the difference between the educational offerings of Section 504 and the IDEA. The terms are defined below in the chart. The IDEA is more strict, with only 13 conditions qualifying for assistance (14 when you include the heading "multiple disabilities," which means 2 or more of the 13 qualifying conditions). IDEA is included under the Individuals with Disabilities Act. Section 504 is governed by the Rehabilitation Act of 1973. Section 504 services are provided within the parameters of Civil Rights Law, while IDEA services are provided through the Individuals with Disabilities Act.
| Issues |
Section 504 |
IDEA |
| Type |
Civil Rights Law |
Education Act |
| Title |
Rehabilitation Act of 1973 |
Individuals with Disabilities Act |
| Purpose |
Protect rights of individuals with disabiliities in programs that receive federal assistance for the U.S Department of Education |
Provides financial aid to states in their efforts to ensure free, appropriate public education for students with disabilities |
| Responsibility |
General Education |
Special Education |
| Funding |
State and local resources |
State, local and federal funds cannot be used for Section 504 students |
| Service Tool |
Accomodations and/or services |
Individualized Education Program (IEP) |
| Population |
Persons who have disabilities substantially limiting major life functions |
13 qualifying conditions |
| Eligibility |
Eligible so long as she/he meets the definition of qualified person with disabilities |
Eligible if multi-disciplinary team determines student has a disability under the 13 qualifying conditions |
| Evaluation |
Requires periodic re-evaluations |
Requires re-evaluation to be conducted every three years |
| Enforcement |
U.S. Office for Civil Rights |
U.S. Office of Special Education Programs |
A DSM diagnosis doesn't always match criteria from the Individual with Disabilities Act that must be followed when trying to get assistance for a child in school through the Individuals with Disabilities Education Act (IDEA).
Finding and understanding the differences between students eligible for assistance under the IDEA and under Section 504 can often seem frustrating to parents and other concerned individuals. While there may be an obvious problem or struggle, there are specific guidelines (13 qualifying conditions) in the Individuals with Disabilities Act that must be followed when assistance is given under the IDEA, in making up the Individualized Education Plan (IEP). Funding available through the IDEA is not allowed to be used for Section 504 students.
The 13 qualifying conditions are:
- Autism
- Deaf/Blindness
- Deafness
- Developmental Delay
- Emotional Disturbance
- Hearing Impairment
- Intellectual Disability
- Orthopedic Impairments (must affect child's ability to learn)
- Other Health Impairment
- Specific Learning Disability
- Speech or Language Impairment
- Traumatic Brain Injury
- Visual Impairment
Multiple Disabilities is also included as a qualifying condition.
There is
overlap between the different types of services available to students who attend school. While there is an overlap between “regular” students, IDEA students and Section 504 students, there are also differences. See the table above for details about the differences.
Click here for Categories of Disability Under IDEA.
For fact sheets from the National Dissemination Center for Children with Disabilities, following the links below:
Autism
Deaf-Blindness (no link available)
Deafness
Developmental Delay
Emotional Disturbance
Hearing Impairment
Intellectual Disability
Orthopedic Impairment (no link available)
Other Health Impairment
Specific Learning Disability
Speech or Language Impairment
Traumatic Brain Injury
Visual Impairment
Multiple Disabilities