| COMPONENT | IDEA | SECTION 504 |
|---|---|---|
| WHAT IS IT? | A federal funding law and regulation. | A federal civil rights law and regulation. |
| WHAT IS ITS PURPOSE? | To provide federal funds to state education agencies and districts to educate disabled students. | To eliminate disability discrimination in all programs and activities that receive federal funds. |
| WHO IS A “DISABLED STUDENT”? | Both regulations provide protections to “disabled students” but each regulation defines “disabled student” differently. Section 504 defines “disabled student” more broadly than does IDEA. | Defines disabled student as a school-aged child who has a physical or mental impairment that substantially limits a major life activity (e.g., walking, seeing, hearing, speaking, breathing, learning, attending school, caring for one’s self, performing manual tasks, and behavior) and, due to disability, needs special education or related aids or services. |
| Both regulations require a district to provide FAPE to each student in its jurisdiction but each regulation defines FAPE differently. Section 504 defines FAPE more broadly than does IDEA. | Division 3 | |
| WHAT IS A “FREE APPROPRIATE PUBLIC EDUCATION” (FAPE)? | Both regulations require a district to provide FAPE to each student in its jurisdiction but each regulation defines FAPE differently. Section 504 defines FAPE more broadly than does IDEA. | |
| Defines FAPE as special education and related services. | Defines FAPE as regular or special education and related aids and services. Students can receive related aids and services under Section 504 even if they are not provided any special education. | |
| Students can receive related services under IDEA only if they need related services to benefit from special education. | ||
| WHAT DOES “APPROPRIATE” MEAN? | Both regulations interpret “appropriate” to mean sufficient individualized services to enable a disabled student to receive educational benefit (i.e., not maximum benefit, not minimal benefit, some benefit). | |
| HOW IS FAPE DELIVERED? | Both regulations require that FAPE be delivered through an individualized education program. Section 504 defines individual education program with less specificity than does IDEA. | |
| Requires a written individual education plan (IEP) with specific content developed by specific participants at an IEP meeting. | Requires a documented Section 504 Plan developed by a group of persons knowledgeable about the student, the meaning of the student’s evaluation data, and placement options. | |
| WHO CAN REFER A STUDENT FOR EVALUATION? | Both regulations require a district to decide whether to evaluate a referred student and to notify a student’s parent or guardian of its decision. As a general rule, under both regulations, a district should evaluate a referred student if it knows or suspects that the student is a “disabled student.” | |
| WHAT EVALUATION PROCEDURES ARE REQUIRED? |
Both regulations require that tests and other evaluation materials:
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| Requires that re-evaluations be conducted at least every 3 years. | Requires periodic re-evaluations. The IDEA schedule satisfies Section 504. | |
| Provides for independent educational evaluations at district expense if a parent or guardian disagrees with a district’s evaluation and either the district or a hearing officer agrees. | Does not provide for independent educational evaluations at district expense. However, a district must carefully consider any such evaluations presented. | |
| WHAT PLACEMENT PROCEDURES ARE REQUIRED? |
Both regulations require that, when interpreting evaluation data and making a placement decision, a district must:
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| Requires an IEP meeting before any change in placement. | Requires a re-evaluation before any “significant change in placement.” | |
| IS PARENT OR GUARDIAN CONSENT EVER REQUIRED? | Both regulations require a parent or guardian to consent prior to a student’s initial evaluation and initial placement. IDEA alone requires consent prior to re-evaluations. | |
| WHAT DUE PROCESS RIGHTS DO PARENTS AND GUARDIANS HAVE? | Both regulations require a district to notify a student’s parent or guardian before the district takes any action regarding the identification, evaluation or placement of their child. IDEA procedures satisfy Section 504. | |
| Requires written prior notice and specific content to be included in the notice. | Allows oral prior notice, but a district is wise to provide notice in writing. | |
| WHAT KIND OF GRIEVANCE PROCEDURE IS REQUIRED? | Requires each state education agency (OSPI) to have a special education grievance procedure, commonly called a citizen complaint procedure. | Requires each district to have an internal Section 504 grievance procedure for parents and guardians, students, and employees. |
| WHAT KIND OF HEARING PROCEDURE IS REQUIRED? | Both regulations require a district to provide an impartial due process hearing procedure for parents or guardians who disagree with the identification, evaluation, or placement of their child. | |
| WHO CONDUCTS A DUE PROCESS HEARING? | Requires each state education agency (OSPI) to conduct such hearings through a state office of hearings. | Allows either state education agencies or districts to conduct such hearings (in WA, districts conduct such hearings). |
| HOW IS IT ENFORCED? | Enforced by the U.S. Department of Education, Office of Special Education Programs (OSEP). | Enforced by the U.S. Department of Education, Office for Civil Rights (OCR). |
| Each state education agency (OSPI) and OSEP monitors compliance through complaint investigations and compliance reviews. | OCR monitors compliance through complaint investigations. The state education agency (OSPI) has no monitoring, complaint resolution, or funding involvement. |