What is the difference between Section 504 and IDEA?
There are significant differences between Section 504 and IDEA. Perhaps the most significant is that Section 504 is is a civil rights law, and IDEA is an educational benefit law. Sectin 504 is designed to level the playing field for individuals with disabilities. Its purpose is to ensure that individuals with disabilities have the same access to education that individuals without disabilities have. It does this by eliminating barriers that exclude individuals with disabilities from participating in protected activities, including a free and appropriate public education. As an educational benefit law, IDEA offers additional services and protections for those with disabilities that are not offered to those without disabilities.
These laws are also distinguished by their different eligibility requirements and the benefits they provide. The definition of a disability is much broader under Section 504 than it is under IDEA. All IDEA students are covered by Section 504, where as not all Section 504 students are protected under IDEA. An IEP, which is provided to students covered by IDEA, must be tailored to the child's unique needs and must result in educational benefit. However, a Section 504 Plan provides accommodations based on the child's disability and resulting weaknesses, but does not require academic improvement.
Additionally, fewer procedural safeguards are offered to children and parents under Section 504 than under IDEA.
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