Disability Law: Comparing the ADA, Section 504 and IDEA

Three disability laws affect education: the Individuals with Disabilities Education Act (IDEA), section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA).

As with a lot of disability law, it can get confusing as to what each law covers, who it covers, and how it’s enforced. Here’s a quick guide to help you figure out the basics of disability education law.

IDEA
Children aged three through 21 who are educationally disabled can benefit from IDEA, which requires public schools from preschool through high school to provide free, appropriate public education (FAPE) in the least restrictive environment possible.

The children served must require special education services. It’s the duty of the school district to locate and evaluate these children, who must have at least one of 15 specified disabilities, free of charge to their parent.

The school provides the parent with a written Individualized Education Program (IEP) based on special education and related services that the child’s multi-disciplinary team deems appropriate.

A fair hearing of complaints is provided for under IDEA. If a public school fails to provide appropriate services, an impartial judge can require the district to reimburse parents for school-related expenses.

Section 504
This broad statute promotes the integration of people with disabilities into mainstream American life. It can apply to any program that gets financial aid from the federal government, including colleges.

Every qualified person with a disability is covered, whether or not the person needs special education in any public school setting. Unlike IDEA, a person with disability who desires to take advantage of this act must identify himself and provide necessary documentation, as well as paying for the cost of an evaluation.

To qualify as a disability, section 504 specifies “any physical or mental impairment that substantially limits one or more major life activities, having a record of such an impairment or being regarded as having an impairment.”

Services, including the use of aids and adjustments to the academic program, are provided within the existing academic framework. Enforcement is overseen by the Office for Civil Rights (OCR), U.S. Department of Education.

An institution that fails to provide services may be sued.

ADA
This act extended section 504 mandates to public or private employment, transportation telecommunications and accommodations, whether or not they receive federal funding.
The ADA ensures broader coverage than section 504, applying to all persons with disabilities and qualified people who are not disabled who are related to or associated with someone who has a disability. Like section 504, qualified individuals must self-identify.

To qualify, the same criteria as section 504 applies, along with the addition of HIV and contagious and noncontagious diseases.

The institution’s ADA coordinator provides services, auxiliary aids and accommodations based on information provided by the student. However, accommodations may not cause employers “undue hardship.”

Similar to section 504, a noncompliant institution may be sued. In addition, attorney fees and litigation expenses are recoverable, and monetary damages awarded in amounts up to $50,000. The law is enforced by the U.S. Department of Justice, the Equal Employment Opportunity Commission and the Federal Communications Commission.