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The IDEA Section 504
Who is protected? Lists 13 categories of qualifying Much broader. A student is eligible
conditions. 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 Both require the provision of a free appropriate education to students covered
appropriate education under them including individually designed instruction.
Requires the District to provide "Appropriate" means an education
IEPs. "Appropriate education" comparable to the education
means a program designed to provided to nonhandicapped students.
provide "educational benefit."
The IDEA Section 504
Special Education A student is only eligible to receive A student is eligible so long as s/he
vs. IDEA services if the multidisciplinary meets the definition of qualified Regular Education team determines that the student handicapped person; i.e., has has one of the 13 handicapping or has had a physical or mental
conditions and needs special education. 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, Additional funds are not provided.
the District receives additional funding.
Accessibility Not specifically mentioned although if Detailed regulations regarding
modifications must be made to provide building and program accessibility.
a free appropriate education to a stu-
dent, the IDEA requires it.
The IDEA Section 504 Procedural Both require notice to the parent or guardian with respect to identification,
Safeguards 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 Notice is required only before
change in placement. a "significant change in placement."
Provisions for independent Not required.
evaluations.
Due Process Both require Districts to provide impartial hearings for parents or guardians
Hearings 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 No exhaustion requirement.
the administrative hearing before
seeking redress in the courts.
Enforcement Not enforced by OCR. Enforced by the Federal
Compliance is monitored by Office for Civil Rights.
the Wisconsin Department of
Public Instruction.
Both statutes provide for due process hearings.
The Department of Public Instruction will resolve complaints.
The IDEA Section 504
Employment No provision. Employment of persons with
disabilities is regulated.
Approved/Adopted: July 13, 2009 |
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