IDEA, Section 504, and the ADA

Three federal laws protect students with disabilities in Alabama public schools, and they do different jobs. IDEA provides special education to eligible children. Section 504 of the Rehabilitation Act prohibits disability discrimination by any program receiving federal funds. Title II of the Americans with Disabilities Act (ADA) prohibits disability discrimination by all public entities, funded or not. A student may be covered by one, two, or all three — and each law brings its own plan, process, and rights. Understanding which law applies is the first step in answering almost any eligibility or services question that does not fit the standard special education pattern.

• Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq., and 34 CFR Part 300

• Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and 34 CFR Part 104 enforced by the U.S. Department of Education, Office for Civil Rights (OCR)

• Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq., and 28 CFR Part 35 enforced by the U.S. Department of Justice and, for public schools, by OCR as well

The basic division of labor. IDEA is a funding statute: it provides federal money to states on the condition that they make special education available to eligible children, documented through an IEP. Section 504 and the ADA are civil rights statutes: they prohibit discrimination and require equal access, sometimes documented through a Section 504 plan. A student who qualifies for special education under IDEA is nearly always also protected by 504 and the ADA; the reverse is not true.

Eligibility differs. IDEA eligibility requires one of the listed disability categories and a showing that the disability adversely affects educational performance such that specially designed instruction is needed. Section 504 eligibility is broader: a physical or mental impairment that substantially limits a major life activity, without the requirement of educational need. After the ADA Amendments Act of 2008, "major life activities" are read broadly, and conditions such as ADHD, diabetes, asthma, and food allergies commonly qualify even when the student performs well academically.

The plans differ. An IEP is developed by the IEP Team under IDEA's detailed procedures. A 504 plan is developed by a school team under the LEA's 504 procedures and typically provides accommodations and related services so the student can access the general curriculum. Do not treat the two as interchangeable — a student served under IDEA who is dropped from special education may still need a 504 plan, and moving a student from an IEP to "just a 504" is an LEA-level decision that requires its own process and documentation.

Equal access and effective communication. Section 504 and the ADA require more than accommodations on tests. They require equal access to school programs, nonacademic services, and extracurricular activities. Under ADA Title II, schools must also give students with hearing, vision, or speech disabilities effective communication — the auxiliary aids and services needed so the student can access education, with the school (not the parent) generally deciding what is effective, subject to the student's right to request what works for them.

When disputes arise. IDEA disputes travel through mediation, state complaints, and due process. Section 504 and ADA complaints travel to OCR, or to federal court. An OCR complaint against an Alabama LEA is filed with the U.S. Department of Education — a different route with different timelines than an ALSDE state complaint.

• When a student is evaluated and found ineligible under IDEA, ask whether the student should now be referred to the school's 504 team

• Keep 504 plans and IEPs clearly separated in your records and conversations

• Include nonacademic and extracurricular access when planning supports

• Route discrimination complaints to the LEA's 504/ADA coordinator — do not process them as IEP team business

• When a student is evaluated and found ineligible under IDEA, ask whether the student should now be referred to the school's 504 team

• Keep 504 plans and IEPs clearly separated in your records and conversations

• Include nonacademic and extracurricular access when planning supports

• Route discrimination complaints to the LEA's 504/ADA coordinator — do not process them as IEP team business

U.S. Department of Education, Section 504 overview: https://www.ed.gov/laws-and-policy/individuals-disabilities/section-504 

OCR, Frequently Asked Questions: Section 504 FAPE: https://www.ed.gov/laws-and-policy/civil-rights-laws/disability-discrimination/frequently-asked-questions-section-504-free-appropriate-public-education-fape 

Questions and Answers on the ADA Amendments Act of 2008 for Students Attending Public Elementary and Secondary Schools: https://www.ed.gov/laws-and-policy/individuals-disabilities/section-504/questions-and-answers-ada-amendments-act-of-2008-students-disabilities-attending-public-elementary-and-secondary-schools 

DOE/DOJ, Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities: https://archive.ada.gov/doe_doj_eff_comm/doe_doj_eff_comm_faqs.htm