IDEA - Section 504 - ADA
What are they & when do they apply?
Individuals with Disabilities Education Act (IDEA)About:
An education act to provide federal financial assistance to State and local education agencies to guarantee special education and related services to eligible children with disabilities. Who it protects?
Children ages 3-21 who are determined by a multidisciplinary team to be eligible within one or more of 13 specific disability categories and who need special education and related services. Categories include autism, deafness, deaf-blindness, hearing impairments, mental retardation, multiple disabilities, orthopedic impairments, other health impairments, serious emotional disturbance, specific learning disabilities, speech or language impairments, traumatic brain injury, and visual impairments Provides FAPE (Free and Appropriate Public Education)?
Yes. A FAPE is defined to mean special education and related services. Special education means "specially designed instruction at no cost to the parents, to meet the unique needs of the child with a disability..." Related services are provided if students, require them in order to benefit from specially designed instruction. States are required to ensure the provision of "full educational opportunity" to all children with disabilities. IDEA requires the development of an Individualized Education Program (IEP) document with specific content and a required number of participants at an IEP meeting. |
Section 504
About:
A civil rights law to prohibit discrimination on the basis of disability in programs and activities, public and private, that receive federal financial assistance. Who it protects?
Any person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment or (3) is regarded as having such an impairment. Major life activities include walking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks. Provides FAPE (Free and Appropriate Public Education)?
Yes. An "appropriate" education means an education comparable to that provided to students without disabilities. This may be defined as regular or special education services. Students can receive related services under Section 504 even if they are not provided any special education. Section 504 does require development of a plan, although this written document is not mandated. The Individualized Education Program (IEP) of IDEA may be used for the Section 504 written plan. Many experts recommend that a group of persons knowledgeable about the students convene and specify the agreed-upon services. |
Americans with Disabilities Act (ADA)About:
A civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations. Who it Protects?
Any individual with a disability who: (1) has a physical or mental impairment that substantially limits one or more life activities; or (2) has a record of such impairment; or (3) is regarded as having such an impairment. Further, the person must be qualified for the program, service, or job. Provides FAPE (Free and Appropriate Public Education)?
Not directly. However, ADA protections apply to nonsectarian private schools, but not to organization or private schools, or entities controlled by religious organization; ADA provided additional protection in combination with actions brought under Section 504. Reasonable accommodations are required for eligible students with a disability to perform essential functions of the job. This applies to any part of the special education program that may be community-based and involve job training/placement.Not directly. However, (1) ADA protections apply to nonsectarian private schools, but not to organization or private schools, or entities controlled by religious organization; (2) ADA provided additional protection in combination with actions brought under Section 504. Reasonable accommodations are required for eligible students with a disability to perform essential functions of the job. This applies to any part of the special education program that may be community-based and involve job training/placement. |
Resource: Disability Rights Education & Defense Fund. For more information click here
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