Know Your Rights: Section 504 and IDEA
There are two main laws in the United States that set standards for accessibility in education: Section 504 of the Rehabilitation Act & title II of the Individuals with Disabilities Education Act (IDEA).
An overview of both laws and what they mean for disabled students is below.
Section 504
Section 504 of the Rehabilitation Act of 1973 states that:
"No otherwise qualified individual with a disability in the United States...shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
In essence, this means that disabled students may not be discriminated against if they attend a public school in the United States.
If a child has any of the following, they may be served under section 504:
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a physical or mental impairment which substantially limits one or more major life activities,
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a record of such impairment, or
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is regarded as having such an impairment.
If a student is eligible, they may be granted a 504 plan, which specifically addresses limitations a student may face at school as a result of their condition(s).
IDEA
Title II of The Individuals with Disabilities Education Act (IDEA) prohibits discrimination against students who have disabilities. In general, all actions that violate section 504 violate title II of the IDEA. However, where title II requirements exceed requirements listed in section 504, title II must be followed.
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IDEA lists 13 specific disabilities for which students may need an Individualized Education Plan (IEP):
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Autism
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Deaf-Blind
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Deafness
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Emotional Disturbance
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Hearing Impairment
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Intellectual Disability
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Multiple Disabilities
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Orthopedic Impairments
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Other Health Impaired
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Specific Learning Disability
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Speech or Language Impairment
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Traumatic Brain Injury
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Visual Impairment including Blindness
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An IEP applies to individuals who need access to special education services as a result of having one (or more) of the conditions listed above.