Section 504 of the Rehabilitation Act of 1973 and IDEA

Question 1

What type of law is the Rehabilitation Act of 1973 (PL 93-112)

Answer 1

A Civil Rights Law

Question 2

Purpose of the law

Answer 2

*First public lsaw specifically aimed at protecting children AND ADULTS against discrimination due to a disability.
*No individual can be excluded, solely because of his or her disability, from participating in or benefiting from any program or activity receiving federal financial assistance, which includes schools (Council for Exceptional Children, 1997).

Question 3

Difference between 504 and IDEA

Answer 3

Employs a functional rather than categorial model for determining a disability.

Question 4

3 Stipulations for Service Eligibility

Answer 4

1.) Have a physical or Mental impairment that substantially limits one or more life activities
2.) Have a record of such an impairment
3.) Regarded as having such an impairment by others

Question 5

Major Life Activities

Answer 5

Broadly defined and include, for example, walking, seeing, hearing, working, and learning.

Question 6

What schools must do to fulfill requirements of Section 504

Answer 6

*Make reasonable accommodations for pupils with disabilities so they can participate in educational programs provided to other students.

Question 7

Reasonable Accommodations

Answer 7

Might include modifications of the general education program, the assignment of an aide, a behavior management plan, or provision of special study.

Question 8

Related Service

Answer 8

Things such as occupational therapy

Question 9

Eligibility differences between Section 504 and IDEA

Answer 9

Because the protections afforded by Section 504 are broad, an individual who is ineligible for special education under IDEA may qualify for special assistance or accommodations under Section 504.
**This may include ADHD, severe allergies, etc.

Question 10

TRUE/FALSE?
All students who are eligible for a special education and related services under IDEA are also eligible for Accommodations under Section 504.

Answer 10

TRUE

Question 11

Purpose of 504 plan

Answer 11

To enable the student to receive a free, appropriate public education.

Question 12

TRUE/FALSE?
All students who are eligible for special education and related service under Section 504 are also eligible for accommodations under IDEA.

Answer 12

FALSE

Question 13

The main difference between IDEA and Section 504

Answer 13

IDEA offers protections for students only between the age of 3 and 21. Section 504 covers the individual’s lifespan.

Question 14

Purpose of IDEA

Answer 14

Provides a free appropriate public education to children and youth with specific disabilities.

Question 15

Purpose of Section 504 of the Rehabilitation Act of 1973

Answer 15

Prohibits discrimination on the basis of a person’s disability in all programs receiving federal funds.

Question 16

IDEA (ages covered)

Answer 16

3-21 years

Question 17

Section 504 (ages covered)

Answer 17

No age restriction

Question 18

IDEA (definition of disability)

Answer 18

Twelve disabilities defined according to federal regulations plus state/local definition of “developmentally delayed”

Question 19

Section 504 (definition of disability)

Answer 19

Broader interpretation of a disability than found in IDEA–a person with a physical or mental impairment that substantially limits a major life activity, who has a record of such impairment, or who is regarded as having such an impairment.

Question 20

IDEA (funding)

Answer 20

States receive some federal dollars for excess cost of education students with disabilities

Question 21

Section 504 (funding)

Answer 21

Because this is a civil rights law, no additional funding is provided

Question 22

IDEA (planning documents)

Answer 22

Individualized Education Program (IEP)

Question 23

Section 504 (planning documents)

Answer 23

Accommodation plan (commonly referred to as a “504 plan”)

Question 24

IDEA (assessment provisions)

Answer 24

A comprehensive, nondiscriminatory eligibility evaluation in all areas of suspected disability conducted by a multidisciplinary team; reevaluations every three years unless waived

Question 25

Section 504 (assessment provisions)

Answer 25

Eligibility determination requires nondiscriminatory assessment procedures; requires reevaluation prior to a “significant change” in placement.

Question 26

IDEA (due process)

Answer 26

Extensive rights and protections afforded to student and parents.

Question 27

Section 504 (due process)

Answer 27

Affords parents impartial hearing, right to inspect records, and representation by counsel. Additional protections at discretion of local school district.

Question 28

IDEA (coordination)

Answer 28

No provision

Question 29

Section 504 (coordination)

Answer 29

School district required to identify a 504 coordinator

Question 30

IDEA (enforcement)

Answer 30

U.S. Department of Education, Office of Special Education Programs

Question 31

Section 504 (enforcement)

Answer 31

Office for Civil Rights, U.S. Department of Education