Section 504

As ADA does not have a responsibility for providing FAPE, only Section 504 and IDEA will be compared. Though both Section 504 and IDEA guarantee FAPE to students with disabilities, what qualifies an individual and what services are available to a student differ. Within the general education population, there are students with disabilities that do not have a significant impact on their education. These children need minor changes to their educational programs which can be reasonably implemented in the general education setting with general education support. Other students with more severe disabilities require more extensive services that cannot be reasonably implemented in general education. Assessment of the student’s needs will determine whether they qualify and are eligible for services under Section 504 or under IDEA.

There are several different purposes of IDEA. The first is to ensure that all children with disabilities have a free

The Individuals with Disabilities Education Act (IDEA) is a federal mandate that regulates how educational agencies supply children with disabilities early intervention services, special education classes, and additional assistance that is equitable to a general education student who does not have a disability. The services under the IDEA law are offered to children from birth to age 21. Students who qualify for services under the IDEA Act

The first two laws that dealt with this issue were the Rehabilitation Act of 1973 and the Education for All Handicapped Children Act of 1975. These laws provided federal funds and established regulations to protect equal access to a free, appropriate public education (FAPE) for students with disabilities. Over time, these laws have been amended and federal financial incentives have been tied to state compliance. Congress and the courts have clarified and reauthorized these laws along with passing additional legislation guaranteeing equal access and opportunities.

For students with documented special needs, the school makes additional accommodation. The Individuals with Disabilities Education Act (IDEA) is "designed to protect the rights of students with disabilities by ensuring that everyone receives a free appropriate public education (FAPE), regardless of ability" (IDEA, 2012, Kid's Health). IDEA mandates that students are educated in the least restrictive environment possible. It also recognizes that every child is different, and giving each child the same education does not mean that every child will receive the same quality of education.

Throughout history there have been many educational mandates and laws in which have provided more opportunities for equal educational access. Section 504, the first Civil Rights Law for protection of students with disabilities was signed into law in 1973. This paved the way to many rights for students with disabilities to have a Free, Appropriate, Public, Education. This law in essence means, no program, that receives federal funds, can discriminate based upon their disability in which substantially limits one more more major life functions. Throughout this paper I will be reviewing the historical perspective on Section 504, the federal and state mandates, legal cases pertaining to Section 504, current issues, and applying the information to my current districts implementation of 504 plans.

Research shows that the Individuals with Disabilities Education Act Amendments of 1997 shifted the focus of IDEA to improve teaching and learning by emphasizing the individual educational plan as a primary tool for educational planning. This increased the role of parents in educational decision- making. Part B of this law provided resources and services for children ages 3 through 5 with developmental delays or those with an identified disability. Part C of IDEA authorizes financial assistance to support the needs of infants and toddlers with disabilities and the needs of their families. Agencies are to provide comprehensive early intervention services that focus on

In 1975, Congress enacted the Individuals with Disabilities Education Act (IDEA) to ensure that children with disabilities will receive a free appropriate public education through their local school

The IDEA or the Individuals with Education Improvement Act of 2004 was instituted by the Senate and House of Representatives in the United States Congress. This act is a precedent for persons with disabilities. Before this act, the needs of children with disabilities were being under met. In order to improve the state of where the educational system and related services were for children with disabilities, the federal government along with the local and state agencies has coordinated in order to provide appropriate education for children with special needs. A student with a disability has a federally protected right to a free and appropriate education and related services in a least restrictive environment. As a result of this act, each state is federally mandated to abide by the IDEA. Each state

Education for All Handicapped Children Act 1975- This act requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs. This act required public school systems to create Individualized Education Programs (IEP's) for each child. The specific curriculum and services identified in each IEP should reflect the individualized needs of the

In Texas, students are assigned to one of the following eligibility categories as defined by the Code of Federal Regulations, Section 300.7: In addition, some students who do not qualify for special education services under the IDEA may get services under Section 504.

The Individuals with Disabilities Education Act Amendments of 1997 (IDEA), is a federal special education law and was signed into law in June 1997. The IDEA pledges that each child with a disability as well as students who need special education services has the right to a free proper public education, with the least restrictive environment. Below are the six components that are included in the IDEA. They include;

The Individuals with Disabilities Education Act (IDEA) is a United States federal law that consents of four categories outlining how public agencies and individual states ensures that students with various disabilities are provided a Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE) that is conditioned to their specific needs regardless of their ability. This act mandates tailored services, educational modifications, and the main objective for these children throughout the nation is to supply them with the same possibility of getting an education as those who do not have a disability until the age of 21.

Parents and supporters of students with disabilities were able to use this case to improve educational opportunities for their children, and “established the right of all children to an equal opportunity for an education” (Heward., 2009, p. 26). Individuals With Disabilities Education ActIn 1975, the Education for All Handicapped Children Act (EAHCA), which is also known as Public Law 94-142, was passed by Congress and has been reauthorized and amended by Congress five times since it passed. In 1900, congress changed the name from Education of All Handicapped Children Act, and enacted The Individuals with Disabilities Education Act instead. This law was later reauthorized in 1997 and named Public Law 105-17, the Individuals with Disabilities Education Act Amendments (IDEA), was passed into a federal special education law, with final federal regulations being published in March 1999, and retained all of the earlier versions of Public Law 94-142. In 2004 this act was again reauthorized and became The Individuals with Disabilities Education Improvement Act (IDEIA), also known as IDEA 2004.The Individuals with Disabilities Education Act, requires that public schools serve all students and “ensures that children with learning disabilities have the ability to receive a free appropriate public education that

A second law dealing with special needs students is section 504 of the Rehabilitation Act of 1973. This act requires that schools, which receive federal funding, provide equal education to all handicapped children in the schools jurisdiction (W.E.A.C, 2001). This act also requires that handicapped children be educated with other children who are not handicapped to the maximum extent (W.E.A.C, 2001). This requirement clearly points to inclusion as the best option available for handicapped students, in the opinion of the federal government. Section 504 has helped handicapped people in other areas as well. The act requires that public buildings make architectural changes to increase accessibility for those with special needs (Choate, 1997). This part of the act was important because it put an end to school?s using the structure of the school building as an excuse for providing an unequal education to those children who were handicapped or disabled.