I.D.E.A. vs ADA/Section 504
| I.D.E.A. | A.D.A./Section 504 |
| Type of Statute | |
| Provides funding to states to ensure provision of free appropriate public education for children with disabilities | Civil Rights statute protecting persons with disabilities from discrimination |
| Main Provisions | |
| Establishes procedural safeguards and the right to free appropriate public education in the least restrictive environment | Because of a disability, a qualified person can't be: excluded from participation in, denied benefits of or be subject to discrimination by any service, program or activity |
| Who is Protected | |
| Children falling into the 13 categories listed in the IDEA and requiring special educational services to benefit from an education | Any person with a physical or mental impairment that substantially limits a major life activity |
| Extent of Obligation | |
| Free appropriate public education ensuring a meaningful benefit from education | Equivalent access to educational and extracurricular programs |
| Delivery Method | |
| Individualized Education Plan (IEP) | No formal plan. Worked out on a case-by-case basis with the institution's Disabled Student Services Office |
| Services Available | |
|
|
Note: Counseling, tutoring and personal aides are NOT required by 504 |
| Student's Responsibility | |
| Do one's best |
|
| Enforcement | |
| Due Process: (1) impartial hearing; (2) state review (appeal); then (3) federal court | Internal grievance procedure and/or complaint to the Office of Civil Rights and/or go directly to federal courts |
| Funding | |
| Federal funds to states to support special education programs | No funding attached. Costs are incurred by the institution |
| Grievance | |
| Administrative due process procedures as outlined in state education law | Internal grievance or Office of Civil Rights |
| Caveats | |
| If it's not on the IEP you won't receive it |
|
Source: Jo Anne Simon, Esq.
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