Title

The Rehabilitation Act of 1973

The Individuals with Disabilities Education Act (IDEA)

Americans with Disability Act of 1990 (ADA)

Responsible Agency

General Education

Special Education

Public and Private Schools

Funding

No federal funding - state and local school responsibility

State, local, and federal funding (IDEA funds cannot be used with students only eligible under 504)

No federal funding - Public and private responsibility

Administrator

Section 504 Coordinator (for entities with 15 employees or more)

Special Education Director or designee

504 Coordinator may oversee ADA responsibilities

Service Tool

Appropriate Academic Adjustments, Accommodations and/or Services

Individualized Education Program

Reasonable Accommodations and Legal Employment Practices

Purpose

Abroad civil rights law which protects the rights of individuals with disabilities in programs and activities that receive Federal financial assistance; any qualified individual with a disability has the right to a reasonable accommodation, such as services or aids, to help that individual participate in the programs or jobs offered by the federally-funded employer, school or other organization.

A federal funding statute whose purpose is to provide financial aid to states in their efforts to ensure a free appropriate education for students with disabilities.

To provide a dear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.

Population

• Identifies students as
disabled Identifies 13
categories of Identifies
persons as disabled so
long as she/he meets the definition of qualified persons with disabilities (e.g., “has a physical or mental impairment; has a history of impairment or is believed to have a disability that substantially limits a major life activity such as learning. speaking, seeing, hearing, breathing, walking, caring for ones self, or performing manual tasks.”)

• Applies to all employers, schools and educational programs, nursing homes, mental health centers, and human service programs that receive or benefit from federal financial assistance.

Identifies 13 categories of qualifying conditions:
• Autism
• Deaf Blindness
• Deafness
• Emotional disturbance
• Hearing impairment
• Mental Retardation
• Multiple disability
• Other health impaired
• Specific learning disability • Speech or language
impairment
• Traumatic Brain Injury
• Visually impaired including
blindness

Identifies persons as disabled so long as she/he meets the definition of qualified persons with disabilities (e.g., has a physical or mental impairment has a history of impairment; or is believed to have a disability that substantially limits a major life activity such as learning, speaking, seeing, hearing, breathing, walking, caring for ones self, or performing manual tasks.”)

Free Appropriate Public Education

Both require the provision of a free appropriate public education to eligible students, including individually designed instruction.

Addresses education in terms of accessibility, requirements. Requires appropriate and public entities not to use employment practices that discriminate on the basis of a disability.

Requires educational accommodations. “Appropriate” means an education comparable to the education provided to nondisabled students.

Requires the school to provide an IEP; “Appropriate education” means a program designed to provide “educational benefit”.

Eligibility

A student is eligible so long as she/he meets the definitions of qualified person with disabilites, i.e., currently has or has had a physical or mental impairment with substantially limits a major life activity, or is regarded as disabled by others, The student is not required to need special services in order to be protected.

A student is only eligible to receive special education and/or related services if the multidisciplinary team determines that the student has a disability under one of the thirteen qualifying conditions and requires special education services,

A person is eligible so long as she/he meets the definition of qualified person with disabilities, i.e., currently has or has had a physical or mental impairment which substantially limits a major life activity, or is regarded by others as having a disability. The student is not required to need special education services in order to

Accessibility

Regulations regarding building and program accessibility, requiring that reasonable accommodations be made.

Requires that modifications must be made to provide access to a free appropriate public education.

Requires that public and private programs be accessible to individuals with disabilities

Undue Hardship

Consideration is given for the size of the program, extent of accommodation, and cost relative to school budget.

Size of the program and its budget, type of operation, nature and cost of accommodation.

Size of the business and its budget, type of operation, nature and cost of accommodation.

Procedural Safeguards

Both require prior notice to the parent or guardian with respect to identification, evaluation, and placement.

Makes provisions for public notice, hearings, and awarding attorney fees.

Consent

Does not require consent but a school district would be wise to do so.

Requires written consent before initial evaluation and placement.

Due Process

Both statutes require schools to provide impartial hearings for parents or guardians who disagree with the identification, evaluation, records who disagree with the identification, evaluation, records or placement of students with disabilities,

Due process hearing can be initiated by either party. The court may allow the prevailing party, other than the United States, a reasonable attorney’s fee.

Requires that the parent have an opportunity to participate and be represented by counsel. Other details are left to the discretion of the school district. Policy statements should clarify specific details.

Delineates specific requirements.

Enforcement

Enforced by the U.S. Office for Civil Rights. State Department of Education has no monitoring, complaint resolution, or funding involvement.

Enforced by the U.S. Office of Special Education Programs, U.S. Department of Education. Compliance is monitored by each state’s Department of Education, Office of Special Education Programs, with oversight by the U.S. Department of Education.

Enforced by the U.S. Office for civil Rights.