Differences Between the IDEA and Section 504

May 2021

Understanding the Differences between the IDEA and Section 504

By: Marion M. Walsh, Esq., Littman Krooks LLP

The Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act of 1973 (Section 504) protect the rights of students with disabilities in public schools. Often, parents have confusion about the two laws, as there is some overlap, and the terms and protections can be confusing. Here are some questions and answers.

What are the Basic Differences between IDEA and Section 504?

The IDEA, initially passed in 1975, is a comprehensive statute established by Congress with a dual purpose: 1) to ensure that students with disabilities are afforded a free appropriate public education (“FAPE”) through an Individualized Education Program (IEP); and 2) ensure that the rights of students with disabilities and parents of such students are protected, through extensive procedural safeguards.

A FAPE consists of special educational instruction that is designed to meet the unique needs of a student, supported by such services as are necessary to permit the child to benefit from the instruction. The student’s recommended program must also be provided in the least restrictive environment with non-disabled peers. Courts measure whether students have received a FAPE, by reviewing whether an IEP provides or offers a program reasonably calculated to produce educational benefits in accordance with the student’s unique circumstances.