Differences

Consequences for Noncompliance

If an agency receives federal funding for any program, it must comply with the requirements of Section 504 or all federal funds may be jeopardized. All public and government services including schools must comply with the requirements of the ADA regardless of whether they receive any federal funds. Non-compliance may result in loss of all federal funds.

IDEA 2004 provides funding for services for students with disabilities. If the receiving agency does not comply with the provisions of IDEA, these funds may be forfeited.

Age Eligibility

Section 504 applies to qualified persons with a disability at all educational levels, including preschool, elementary, secondary, postsecondary, vocational, and adult education programs and activities that receive or benefit from federal financial assistance.

IDEA applies to all eligible individuals with a disability living in a school district’s attendance area, ages birth through 21 years of age.

Definitions of Disability

Section 504 is much broader than the IDEA since it contains no categorical listing of disabling conditions. If a student is determined to be disabled under IDEA, she or he is also protected under Section 504. Section 504 regulations also make clear that certain mental and psychological impairments which would not qualify a student under IDEA may be disabling conditions under Section 504. Section 504 requires that the condition “substantially limit a major life activity” such as caring for one’s self, performing manual tasks, seeing, hearing, speaking, breathing, learning, walking, and working to be interpreted as a disability. The disability need not necessarily affect the student’s educational performance adversely.

Section 504 defines disability as follows: Physical or mental impairment means (A) any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive, digestive, genito/urinary; hemic and lymphatic; skin; and endocrine; or (B) any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities [104.3j(2)(i)].

IDEA includes the following broad categories of disabilities: mental retardation, hearing impairments (including deafness), speech or language impairments, visual impairments (including blindness), emotional disturbance, orthopedic impairments, autism, traumatic brain injury, other health impairments, and specific learning disabilities. The IDEA lists the specific eligibility criteria that may entitle a child or student to receive educational services as outlined under the law and school board policy. Additionally, in order for a student to qualify under IDEA, the disabling condition must result in a need for special education and related services.

Monitoring Agency

Section 504 is a civil rights law and is monitored and enforced by the U.S. Department of Education, Office for Civil Rights.

IDEA is an education law that is monitored by the U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS).