504 info from wrightslaw.com

[Guest guest]

Hey Becki, that was a really good site. I am going to cut and paste

some info that I thought was informative.

Who is Eligible for Protections Under Section 504 . . .

but Not Under IDEA?

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Q: Who may be protected under Section 504, but not under IDEA? A

student with AIDS? A student with ADD? A student with chronic asthma?

A: Section 504 is a civil rights law. Section 504 protects

individuals with disabilities from discrimination. Section 504

ensures that children with disabilities have equal access to an

education.

All three students would be protected from discrimination under

Section 504. Each of these students may also be eligible for special

education and related services under IDEA.

Eligibility for special education and related services under IDEA

(and eligibility for protection from discrimination under Section

504) is not disability-specific. This means that one child who has

ADD or asthma or AIDS is eligible for special education services

under IDEA (which always makes a child eligible under 504) while

another child who has ADD or asthma or AIDS is not eligible for

services under IDEA, but may be protected from discrimination under

Section 504.

These decisions are specific to each child.

If the child has a disability that adversely affects educational

performance, the child is eligible for special education services

under IDEA. Children who eligible for special education services

under IDEA are protected under Section 504 (but the converse is not

true).

If the child has a disability that does not adversely affect

educational performance, then the child will not be eligible for

special education services under IDEA but will usually be entitled

to protections under Section 504.

Read the definition of " child with a disability " (page 25,

slaw: Special Education Law).

You will find more information about Section 504 and the

relationship between IDEA and 504 in slaw: Special Education

Law. This book includes the full text of both statutes with

commentary, and the implementing regulations for both laws.

sonia (aundrea 11 systemic jra)