SUMMARY OF SECTION 504 AND IDEA

Legal Requirements for Section 504 and IDEA

Section 504 and IDEA

Summary of Legal Requirements

The follow summary of the legal requirements was adapted from a digest provided by the Educational Resources Information Center, which was funded by the Office of Educational Research and Improvement, U.S. Department of Education.

Section 504

Prohibits discrimination on the basis of disability by recipients of federal funds
Requires that a free appropriate public education (FAPE) be provided to each qualified child who is disabled, but does not require special education services under IDEA. FAPE includes regular or special education and related aids and services that are designed to meet an individual student's needs, and are based on adherence to the regulatory requirements for education setting, evaluation, placement, and procedural safeguards
Requires a local district to make qn individualized determination of a child's educational needs for regular or special education, or related aids and services, if the child is found eligible
Guarantees parents the right to contest the outcome of an evaluation if a local district determines that a child is not disabled under Section 504.
Requires implementation of an individualized education plan tailored to a child's educational needs
Requires that a child's education take place in a regular classroom unless it is deemed that education in this environment, along with additional aids and services, cannot be achieved satisfactorily
Requires that necessary adjustments be made in the regular classroom for children who qualify

IDEA

Requires that state and local districts make a free appropriate public education available to all eligible children with disabilities
Requires that the rights and protection provided by IDEA are extended to children with ADHD and their parents
Requires that an evaluation be performed, without undue delay, to determine if a child requires special education services
Requires that children with ADHD be classified as eligible for services under the "other health-impaired"category in instances in which ADHD is a chronic or acute health problem that results in limited alertness and adversely affects a child's educational performance.
Does not allow local school districts to refuse to evaluate the psssible need for special education services for a child based solely on a prior medical diagnosis of ADHD.
Requires that a full and individual evaluation of a child's educational needs be conducted by a multi-disciplinary team that has as a member at least one teacher or other specialist(e.g. a psychologist) with experience and knowledge in the area of ADHD .
Requires that a due process hearing take place, at the request of the parents, if there is a disagreement between the local district and the parents over the request for evaluation, the evaluation itself, or the services or special education provided to the child. Parents also have the right to request mediation or file a complaint with the state education agency
Gives children certain rights before they are disciplined for behavior that is caused by, or has a direct and substantial relationship to, their disability, or is caused by the school district's failure to implement the IEP.

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