504s and IEPs

[Guest guest]

Because questions about 504 plans and IEPs are frequent, I copied and pasted

this from a slaw email I just received. You can sign up to get the

emails by going to www.slaw.com. There is no charge and the

information is excellent.

Liz

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 <http://www.wrightslaw.com/bks/lawbk/spedlaw.htm> Education Law).

You will find more information about Section 504 and the relationship

between IDEA and 504 in slaw:

<http://www.wrightslaw.com/bks/lawbk/spedlaw.htm> Special Education Law.

This book includes the full text of both statutes with commentary, and the

implementing regulations for both laws.