All 504 and special education administrators know how important it is to understand the ins and outs of both Section 504 of the Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA). While they’re often mentioned together, these two laws serve distinct purposes and offer different protections for students.
Who does Section 504 protect?
Section 504 of the Rehabilitation Act of 1973 is a civil rights law that prohibits discrimination based on disability in any program receiving federal financial assistance. It ensures that students with disabilities have equal access to education by requiring schools to eliminate barriers and provide necessary accommodations. Importantly, Section 504 is not tied to federal funding the way IDEA is.
Who is Protected?
Section 504 covers any student who:
- has a physical or mental impairment that substantially limits one or more major life activities,
- has a record of such an impairment, or
- is regarded as having such an impairment.
The term “substantially limits” refers to a restriction in the conditions, manner, or duration under which a major life activity can be performed, when compared to most people.
Section 504 eligibility is based on a three-pronged evaluation.
- Does the student have a mental or physical impairment?
- Is the student substantially limited?
- Is the student substantially limited in one or more major life activity?
According to the Utah Parent Center, major life activities can include:
What Does Section 504 Provide?
Section 504 guarantees a free appropriate public education (FAPE) by requiring schools to provide accommodations and related services tailored to each student’s individual needs. The goal is to ensure that students with disabilities have equal access to school programs and activities, regardless of the nature or severity of their disability.
What procedural safeguards are required for Section 504 compliance?
To comply with Section 504, school districts must provide parents or guardians with notice regarding the identification, evaluation, and placement of a student who may qualify for accommodations under Section 504.
The procedural requirements under Section 504 are generally less formal than those outlined in IDEA.
Read how Embrace504® optimized 504 documentation management for Lena-Winslow.
Who does IDEA protect?
Unlike Section 504, which is a civil rights law, IDEA is an education law that provides federal funding to states to deliver special education and related services for students identified with one of thirteen specific disabilities. IDEA goes beyond access and focuses on ensuring meaningful educational progress through individualized services.
Who is Protected?
IDEA applies to children ages 3 to 21 in K-12 education who have one of these 14 specified disabilities and who require special education and related services:
- autism
- deafness
- deaf-blindness
- hearing impairments
- intellectual disabilities
- multiple disabilities
- orthopedic impairments
- other health impairments
- serious emotional disturbance
- specific learning disabilities
- speech or language impairments
- traumatic brain injury
- visual impairments
- developmental delay (optional in IDEA, but 56 of 50 states, Washington DC, and outlying areas use this definition)
What Does IDEA Provide?
The IEP must be designed to provide meaningful educational benefits and must be reviewed annually and eligibility reevaluations completed every three years.
Read about how EmbraceIEP® helps districts maintain compliance when creating and managing IEPs.
What procedural safeguards are required for IDEA compliance?
IDEA instructs that districts keep up with robust procedural safeguards to ensure that students are guaranteed FAPE.
Embrace® software includes built-in features that support districts in meeting these FAPE requirements, such as:
- Electronic signatures for collecting parental consent
- Free document translations to dozens of languages to support collaboration with families
- Automated IEP meeting deadline reminders to help teams stay on schedule and compliant
Check the full list of features that ensure IDEA compliance in EmbraceIEP® in this article.
OCR Oversight and What It Means for Your District
Accountability for Section 504 falls under the Office for Civil Rights (OCR). Through Compliance Reviews, OCR ensures students with disabilities receive a Free Appropriate Public Education (FAPE). These reviews often examine:
- Evaluation and placement procedures to prevent misclassification
- Periodic reevaluation to review services, and before significant placement changes
- Provision of accommodations and services that meet the needs of students with disabilities as adequately as those of their non-disabled peers
- Education in the least restrictive environment
To learn more, see the U.S. Department of Education’s 504 Guide.
How Embrace504® helps to comply with federal Section 504 requirements
Over 900 districts across 7 states manage 504 documentation with Embrace504®. The software offers a comprehensive documentation framework that aligns with federal civil rights requirements, helping public school districts remain compliant with Section 504.
Embrace® includes 504 forms that your district may need, ensuring consistent documentation practices across the entire district. We have built in best practice annual reviews for 504 plans to help you monitor updated accommodations. In addition, we have the following forms:
- Behavior Intervention Plans
- Health Care Plans
- Manifestation Determination Forms
- Parent Notifications
“Administrators being able to set the district-required forms is big. The provider may not pick all of the required forms, so requiring select forms helps with timelines and compliance,” says Chantelle Wisner, Compliance Specialist at North Mason School District, WA, of this feature.
The robust reporting dashboard in Embrace504® allows you to quickly generate and print reports, giving your team easy access to the data that matters most.
Need quick access to accommodation data? Run a System Report for Accommodation Totals and instantly view how many students are receiving each accommodation.
Plus, running on the same system as EmbraceIEP®, Embrace504® is quick to adopt across the district.
Read the full list of Embrace504® compliance promoting features here.
Discover more educational resources about Section 504 and IDEA
The following resources provide a solid foundation for understanding both Section 504 and IDEA.
504 vs IDEA by National Center for Learning Disabilities
Section 504 Resources
- U.S. Department of Education: Parent and Educator Resource Guide to Section 504
- 504 Accommodations Guide (PSEA)
- A Parent & Educator Guide to Free Appropriate Public Education (Puget Sound ESD)
IDEA Resources
If you’re looking to explore all the benefits of Embrace504® software at a live demo, book a call with our Sales Representative by filling out the form below!