Health & Fitness
Federal Laws Affecting Your Special Needs Child – The Difference Between IDEA and Section 504
What is the difference between the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973? A basic look at federal laws affecting your special needs child.
The Individuals with Disabilities Education Act (‘IDEA’) is the most commonly known federal statute among parents of children with disabilities. IDEA is essentially a funding statute which sets out conditions for receiving federal grants for special education services. IDEA is aimed at ensuring that children who qualify as having a disability under the statute will obtain an appropriate education. An Individualized Education Plan ('IEP') or Individualized Family Service Plan ('IFSP') are required under the statute and serve as legal documents throughout the child’s education.
Another federal statute available to your child is Section 504 of the Rehabilitation Act of 1973 (‘Section 504’). Unlike IDEA, Section 504 is not a funding statute, but a civil rights law aimed at eliminating discrimination among those with disabilities where federal funding is being provided by the Department of Education. Unlike IDEA, where the child must qualify as having one of several enumerated disabilities as defined under the statute, Section 504’s definition of a disability is substantially broader requiring that the child suffer from “a physical or mental impairment that substantially limits one of more major life activities.” Section 504 does not require an IEP or IFSP, rather a 504 plan will be created to ensure the school is providing reasonable accommodations and adaptations to allow for the child to participate in federally funded programs to the same extent as any child not suffering from a disability is able to participate.
Because these and other related laws can be extremely complex and overwhelming to navigate, it is always recommended that you consult with an attorney to ensure that your child is receiving an appropriate education - this includes receiving proper programs, services, accommodations and adaptations, all while not being discriminated against.
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In addition, there are many resources available for further explanation of these and other statutes aimed at protecting your special needs child. See the following resources for further analysis of the differences between IDEA and Section 504.
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