If you are a parent of a child with disabilities, it is essential to know they have different rights under Section 504 of the Rehabilitation Act and the IDEA (Individuals with Disabilities Education Act). There are special education laws that must be followed when eligible students attend a public school. Here are the differences:
The Basics: Section 504 requires public schools with the participation of parents to make the environment accessible for children with disabilities. A 504 Plan incorporates accommodations that will make learning easier for them. On the other hand, the IDEA requires a public school to work with parents to develop an individualized education program, or IEP, which provides “specialized instruction,” accommodations and therapies to accomplish educational goals.
The Purpose: The purpose of the IDEA is to provide kids with disabilities an individualized plan to meet that child’s unique educational needs. On the other hand, Section 504 is focused on preventing discrimination against children with disabilities who would not otherwise be on a “level playing field” with their typically developing peers.
Evaluation process: An evaluation is necessary to determine if a child qualifies for a 504 Plan and an IEP. However, the evaluation approach is slightly different. To start the process of getting an IEP, either the parent or the school requests an evaluation which is usually administered by a school psychologist. The parent must consent to the evaluation. Usually there will be a meeting with the parent to review in which areas the child will be evaluated.
However, for Section 504, the evaluation process may be less formal. Strictly speaking, a 504 Plan doesn’t need to be in writing and generally parents and students have fewer rights under it. We recommend that parents do request a 504 meeting to participate in the development of the 504 Plan.