Comparison of 504, ADA, and IDEA

Purpose

Child Find

Evaluation/ Eligibility

Service Plan

Notice to Parents

Parents and Safeguards

Meetings

LRE

Federal Agency Action

Funding

Section 504

Civil rights law that prohibits disability discrimination. Regulations ensure appropriate regular or "special education" and related services to students with disabilities by agencies and schools receiving federal financial assistance

Evaluation required based upon reason to believe disability and need for special or related services exist

504 "evaluation" requires collection and review of data from a variety of sources. Disability and service determinations are made by a group of knowledgeable people ("504 Team"). Parents are not required, but common practice is to invite them

Does not require a written plan, but common practice is to document services on 504/Accommodation Plan (which is an IEP for IDEA students)

Requires notice to parents with respect to actions regarding identification, evaluation, placement and provision of "504 FAPE." While written notice is not required, common practice is to provide notice via copies to parents of documented meetings scheduled, decisions made, 504 Plans, etc.

Required Procedural Safeguards are limited to notice; right to examine relevant records; an impartial hearing; and a review procedure (typical Notice of Rights are 1-2 pages)

Does not require parents to be invited to meetings, but common practice includes inviting parents to meetings for disability and placement/plan determinations

Requires that all students with disabilities are educated with nondisabled peers to the maximum extent appropriate. If needs require removal from the regular environment, then IDEA services may be in order

504 is enforced by the US DOE's Office for Civil Rights (OCR)

No federal funding is provided to comply with 504's special educational provisions

ADA Title II

Civil rights law that generally prohibits disability discrimination by all governmental entities, including public schools

Does Not Address

Does not address but generally prohibits segregation/exclusion

ADA is enforced by the US Department of Justice (DOJ)

No federal funding is provided to comply with ADA's applicable provisions

IDEA

Educational funding statute that ensures free appropriate special education and related services to eligible students with disabilities by all public school agencies

Evaluation required based upon reason to suspect disability and need for special education and related services exist

Full and individualized formal evaluation is required in accordance with extensive IDEA and state evaluation requirements. Eligibility and service determinations are made by an appropriately constituted eligibility or IEP Team, including parents

Requires written Individualized Education Program (IEP) in accordance with extensive procedural safeguards and content requirements

Requires prior written notice to parents any time school agency proposes or refuses to initiate or change identification, evaluation, placement or provision of FAPE. Notice has specific content requirements

Safeguards are extensive and include prior written notice; right to consent in writing to initial evaluation special education services; right to notice of and participation in all meetings; right to initiate a due process hearing; and more (typical Notice of Rights are many pages or a booklet)

Requires written parent invitation to all eligibility and IEP/placement Team meetings and full opportunity to participate in all such meetings

Requires that all students with disabilities are educated with nondisabled peers to the maximum extent appropriate. The continuum of placements includes regular classes, resource, special classes, special schooling, home instruction, etc.

IDEA is enforced by the US DOE's Office of Special Education Programs (OSEP)

Federal funding is provided to comply with IDEA, but funding has not been sufficient since enactment