Disability Resource Group

A Comparison of Requirements of Disability Statutes Affecting Public Schools

(Note: This is a chart with three columns: The Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (504), and Individuals with Disabilities Education Act (IDEA)

Who Must Comply?

Scope of Coverage. ADA: All Programs and Activities of State and Local Governments. 504: All Programs and Activities of Recipients of Federal Financial Assistance. IDEA: State and Local Education Agencies Funded Under the IDEA.

Who is Protected?

Definition of Disability. ADA: Non-categorical--Covers Persons with a Physical or Mental Impairment that Substantially Limits a Major Life Activity, Persons Who Have a Record of an Impairment that Substantially Limits a Major Life Activity, and Persons Who are Regarded as Having Such an Impairment. (A student who is covered under the second or third prongs of the definition of individuals with disabilities, and who does not also have a physical or mental impairment that substantially limits a major life activity, is not entitled either to special education and/or related services or to regular education with related services. It is also important to note that protection under Title II and Section 504 is specifically afforded to qualified individuals with disabilities. Not every person with a disability is qualified.) 504: Non-categorical--Covers Persons with a Physical or Mental Impairment that Substantially Limits a Major Life Activity, Persons Who Have a Record of an Impairment that Substantially Limits a Major Life Activity, and Persons Who are Regarded as Having Such an Impairment. (A student who is covered under the second or third prongs of the definition of individuals with disabilities, and who does not also have a physical or mental impairment that substantially limits a major life activity, is not entitled either to special education and/or related services or to regular education with related services. It is also important to note that protection under Title II and Section 504 is specifically afforded to qualified individuals with disabilities. Not every person with a disability is qualified.) IDEA: Categorical--Covers Specified Disabilities Only.

Oversight

Complaints. ADA: U.S. Department of Education, Office for Civil Rights. 504: U.S. Department of Education, Office for Civil Rights. IDEA: State Education Agency.

Planning for Compliance

Administrative Requirements. ADA: Requires Self-Evaluation. Requires Transition Plan if Structural Modifications are Needed if 50 or More Employees. 504: Requires Self-Evaluation. Requires Transition Plan if Structural Modifications are Needed.

IDEA: Requires State Plan Submitted to Office of Special Education Programs.

Designation of Responsible Employee. ADA: Requires ADA Coordinator if 50 or More Employees. 504: Requires Section 504 Coordinator if 15 or More Employees. IDEA: Not Required. (Not Required means that there is no requirement in the statute or regulations relating to this specific issue.)

Grievance Procedures. ADA: Required if 50 or More Employees. 504: Required if 15 or More Employees. IDEA: Procedural Safeguards Required.

Public Notice. ADA: Requires On-Going Notice of Nondiscrimination on the Basis of Disability. 504: Requires On-Going Notice of Nondiscrimination on the Basis of Disability. IDEA: Requires Notice to Parents of Child Find Activities.

Employment

Reasonable Accommodation. ADA: Required for Qualified Applicants or Employees with Disabilities, Unless Entity can Demonstrate Undue Hardship. 504: Required for Qualified Applicants or Employees with Disabilities, Unless Entity can Demonstrate Undue Hardship. IDEA: Not Required.

Written Job Description. ADA: Advisable--Not Specifically Required. (Advisable--Not Specifically Required means that although the statute and regulations do not specifically require a certain action, such actions will assist school districts in complying with other provisions of the ADA and Section 504.) 504: Advisable--Not Specifically Required. IDEA: Not Required.

Facilities

Program Accessibility. ADA: Requires Services, Programs, and Activities in Existing Facilities to be Readily Accessible When Viewed in Their Entirety. 504: Requires Services, Programs, and Activities in Existing Facilities to be Readily Accessible When Viewed in Their Entirety. IDEA: Not Required.

Facilities Accessibility. ADA: Requires Compliance with ADAAG or UFAS in New Construction or Alterations Begun On or After 1/26/92. 504: Requires Compliance with ANSI (R1971) in New Construction or Alterations Begun On or After 6/3/77; Compliance with UFAS On or After 1/18/91. IDEA: Not Required.

Maintenance of Accessible Features. ADA: Required. 504: Not Required. IDEA: Not Required.

Communication Requirements

Auxiliary Aids and Services. ADA: Required for Persons with Visual, Hearing, and Speech Disabilities if Necessary to Provide Effective Communication. 504: No Requirement Specified. (No Requirement Specified means that the requirement is not specifically mentioned in the statute or regulations, but that other provisions of the regulations indicate an obligation exists.) Obligation Exists to Provide Effective Communication. IDEA: Required Only if Written into the Student's Individualized Education Program.

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General Nondiscrimination Requirements for Public Schools

Child Find. ADA: Requires Location and Identification of All Qualified Children with Disabilities Who are Not Receiving a Free Appropriate Public Education (K-12). *

( * means that These Requirements are described in Subpart D of the U.S. Department of Education's Section 504 Regulation. The U.S. Department of Justice interprets the general non-discrimination provisions in Title II to cover discriminatory conduct that is specifically prohibited under Subpart D of the Section 504 Regulation.)

504: Requires Location and Identification of All Qualified Children with Disabilities in Jurisdiction Who are Not Receiving a Free Appropriate Public Education (K-12). IDEA: Requires Location and Identification of All Children with Disabilities in Jurisdiction Birth to Twenty-One.

Parental Notice. ADA: Required. * 504: Required. IDEA: Required.

Free Appropriate Public Education (FAPE). ADA: Required. * 504: Required. IDEA: Required.

Education Plan. ADA: Requires that the Student's Program be Described with Sufficient Specificity to Demonstrate that the Student's Needs have been Assessed on an Individual Basis (An Individualized Education Program Document is Not Specifically Required). * 504: Requires that the Student's Program be Described with Sufficient Specificity to Demonstrate that the Student's Needs have been Assessed on an Individual Basis (An Individualized Education Program Document is Not Specifically Required).

IDEA: An Individualized Education Program Document (IEP) is Required.

Procedural Safeguards. ADA: Required. (Compliance with Requirements in IDEA will be Considered Compliance Under the ADA). * 504: Required. (Compliance with Requirements in IDEA will be Considered Compliance Under Section 504). IDEA: Required.

Evaluation Procedures. ADA: Required. * 504: Required. IDEA: Similar and Additional Requirements to those in Section 504 and Title II.

Placement Team. ADA: Requires Group, Including Individuals Knowledgeable About the Child, Meaning of Evaluation Data, and Placement Options. * 504: Requires Group, Including Individuals Knowledgeable About the Child, Meaning of Evaluation Data, and Placement Options. IDEA: Requires Group, Including Parents, Regular Ed Teacher, Special Ed Provider, and Individuals Knowledgeable About the General Curriculum, Available Resources and Meaning of Evaluation Data.

Educational Setting. ADA: Requires Most Integrated Setting Appropriate. * 504: Requires Most Integrated Setting Appropriate. IDEA: Requires Least Restrictive Environment.

Non Academic Programs. ADA: Requires Equal Opportunity to Participate. * 504: Requires Equal Opportunity to Participate. IDEA: Requires Equal Opportunity to Participate.

Pre-School(ages 3-5 years). ADA: Requires Equal Opportunity to Participate. * 504: Requires Equal Opportunity to Participate. IDEA: Requires a Free Appropriate Public Education.

Adult Education Programs. ADA: Requires Equal Opportunity to Participate. *

504: Requires Equal Opportunity to Participate. IDEA: Not Required.

Reasonable Modification. ADA: Requires Reasonable Modification of Policies, Practices, and Procedures of All Public Entities. 504: No Requirement Specified. General Obligation Exists to Make Reasonable Modification of Recipients' Policies, Practices, and Procedures. IDEA: Not Required.

Confidentiality. ADA: No Requirement for Students, but School Districts Must Maintain Employees' Medical Files Separate from Employees' Personnel Files to Ensure Against Unwarranted Disclosure of the Employees' Disability. 504: No Requirement for Students, but School Districts Must Maintain Employees' Medical Files Separate from Employees' Personnel Files to Ensure Against Unwarranted Disclosure of the Employees' Disability. IDEA: Requires Protection of Special Education Student Records and Conformance with Family Educational Rights and Privacy Act (FERPA).

Funded by the National Institute on Disability and Rehabilitation Research of the U.S. Department of Education

Adaptive Environments Center, ADA National Access for Public Schools Project

Schools Hotline: 1-800-893-1225 ex. 28 Voice/TTY January 2000