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Three legislative resources
The Americans with Disabilities Act of 1990 (ADA), the Individuals
with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation
Act of 1973 represent three attempts to improve the living conditions
of those with disabilities.
Here is a synopsis of the impact each legislative initiative has
on each of several key concerns.
- The left column (ADA) summarizes the Americans
with Disabilities Act
- The middle column (IDEA) summarizes the Individuals
with Disabilities Education Act
- The right column (504) summarizes Section 504
of the Rehabilitation Act
Type and purpose
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ADA
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IDEA
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504
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| A civil rights law to prohibit discrimination solely
on the basis of disability in employment, public services, and accommodations. |
An education act to provide federal financial assistance
to State and local education agencies to guarantee special education
and related services to eligible children with disabilities. |
A civil rights law to prohibit discrimination on the basis of disability
in programs and activities, public and private, that receive federal
financial assistance.
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Who is protected?
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ADA
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IDEA
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504
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| Any individual with a disability who: (1) has a physical
or mental impairment that substantially limits one or more life activities;
or (2) has a record of such impairment; or (3) is regarded as having
such an impairment. Further, the person must be qualified for
the program, service, or job. |
Children ages 3-21 who are determined by a multidisciplinary
team to be eligible within one or more of 13 specific disability categories
and who need special education and related services. Categories
include autism, deafness, deaf-blindness, hearing impairments, mental
retardation, multiple disabilities, orthopedic impairments, other
health impairments, serious emotional disturbance, specific learning
disabilities, speech or language impairments, traumatic brain injury,
and visual impairments |
Any person who (1) has a physical or mental impairment
that substantially limits one or more major life activities, (2) has
a record of such an impairment or (3) is regarded as having such an
impairment. Major life activities include walking, seeing, hearing,
speaking, breathing, learning, working, caring for oneself, and performing
manual tasks. |
Provides for a free, appropriate public education (FAPE)
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ADA
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IDEA
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504
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| Not directly. However, (1) ADA protections apply
to nonsectarian private schools, but not to organization or private
schools, or entities controlled by religious organization; (2) ADA
provided additional protection in combination with actions brought
under Section 504. Reasonable accommodations are required for
eligible students with a disability to perform essential functions
of the job. This applies to any part of the special education
program that may be community-based and involve job training/placement. |
Yes. A FAPE is defined to mean special education
and related services. Special education means "specially
designed instruction at no cost to the parents, to meet the unique
needs of the child with a disability..." Related services
are provided if students, require them in order to benefit from specially
designed instruction. States are required to ensure the provision
of "full educational opportunity" to all children with disabilities.
IDEA requires the development of an Individualized Education
Program (IEP) document with specific content and a required number
of participants at an IEP meeting. |
Yes. An "appropriate" education means
an education comparable to that provided to students without disabilities.
This may be defined as regular or special education services.
Students can receive related services under Section 504 even
if they are not provided any special education. Section 504
does require development of a plan, although this written document
is not mandated. The Individualized Education Program (IEP)
of IDEA may be used for the Section 504 written plan. Many experts
recommend that a group of persons knowledgeable about the students
convene and specify the agreed-upon services. |
Funding to implement services
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ADA
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IDEA
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504
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| No, but limited tax credits may be available for removing
architectural or transportation barriers. Also, many federal
agencies provide grant funds to support training and to provide technical
assistance to public and private institutions. |
Yes. IDEA provides federal funds under Parts B
and H to assist states and local education agencies in meeting IDEA
requirements to serve infants, toddlers and youth with disabilities. |
No. State and local jurisdictions have responsibility.
IDEA funds may not be used to serve children found eligible
under Section 504. |
Procedural safeguards
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ADA
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IDEA
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504
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| The ADA does not specify procedural safeguards related
to special education; it does detail the administrative requirements
complaint procedures, and consequences for noncompliance related to
both services and employment. |
IDEA requires written notice to parents regarding identification,
evaluation, and/or placement. Further, written notice must be
made prior to any change in placement. The Act delineates the
required components of the written notices. |
Section 504 requires notice to parents regarding identification,
evaluation and/or placements. Written notice is recommended.
Notice must be made only before a "significant change"
in placement. Following IDEA procedural safeguards is one way
to comply with Section 504 mandates. |
Evaluation and placement procedures
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ADA
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IDEA
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504
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| The ADA does not specify evaluation and placement procedures:
it does specify provision of reasonable accommodations for eligible
activities and settings. Reasonable accommodations may include,
but are not limited to, redesigning equipment, assigning aides, providing
written communication in alternative formats, modifying tests, redesigning
services to accessibility locations, altering existing facilities,
and building new facilities. |
A comprehensive evaluation is required. A multidisciplinary
team evaluates the child, and parental consent is required before
evaluation. IDEA requires that reevaluations be conducted at
least every 3 years. For evaluation and placement decisions,
IDEA requires that more than one single procedure or information source
be used; that information from all sources be documented and carefully
considered; that the eligibility decision be made by a group of persons
who know about the student, the evaluation data, and placement options;
and that the placement decision serves the student in the least restrictive
environment. An IEP meeting is required before any change in
placement. |
Unlike IDEA, Section 504 requires only notice, not consent,
for evaluation. It is recommended that district obtain parental
consent. Like IDEA evaluation and placement procedures under
Section 504 require that information be obtained from a variety of
sources of the area of concern; that all data are documented and considered;
and that decisions are made by a group of persons knowledgeable about
the student, evaluation data, and placement options. Section
504 requires that students be educated with their non-disabled peers
to the maximum extent appropriate. Section 504 does not require
a meeting for any change in placement. |
Due process
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ADA
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IDEA
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504
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| The ADA does not delineate specific due process procedures.
People with disabilities have the same remedies that are available
under the Title VII of the Civil Rights Act of 1964, as amended in
1991. Thus, individuals who are discriminated against may file
a complaint with the relevant federal agency or due in federal court.
Enforcement agencies encourage informal mediation and voluntary
compliance. |
IDEA delineates specific requirements for local education
agencies to provide impartial hearings for parents who disagree with
the identification, evaluation, or placement of a child. |
Section 504 requires local education agencies to provide
impartial hearings for parents who disagree with the identification,
evaluation, or placement of a student. It requires that parents
have an opportunity to participate in the hearing process and to be
represented by counsel. Beyond this, due process details are
left to the discretion of the local education agency. It is
recommended that districts develop policy guidelines and procedures. |
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