Section 504/ADAAA compared to the Individual with Disabilities Education Act (IDEA)

  • Eligibility for Section 504 is different than those mandated by Individuals with Disabilities Education Act (IDEA). While special education as defined in IDEA legislation as the provision of services through an Individualized Education Program (IEP) for educational benefit and progress, Section 504 is the provisions that protect individuals’ civil rights. These provisions are intended to provide for reasonable accommodations that allow individuals equal access.

    Section 504, for students, provides an avenue for identification, eligibility determination and accommodation, if warranted. "Section 504 does not require a public school to provide students with disabilities a potential-maximizing education, only reasonable accommodations that give those students the same access to the benefit of a public education as all other students." J.D. by J.D. v. Pawlet School Dist., 33 IDELR 24 (2nd Cir. 2000).

    Section 504 Plan does not guarantee success but instead guarantees an equal opportunity for success.