The ADA, or Americans with Disabilities Act, protects individuals with disabilities from discrimination. It guarantees them access to businesses and other public and private establishments. It requires that such entities make reasonable accommodations for individuals with disabilities. The ADA does not deal as specifically with education as Section 504 and IDEA do, but it does have laws that directly apply to students. The ADA demands that public schools make reasonable accommodations for students with disabilities. Such accommodations may include making facilities readily accessible to all students, modifying assessments and policies, or providing readers or interpreters. The primary function of the ADA in reference to education is the demand that school facilities be accessible to all students.
Section 504 is designed to protect people with disabilities from being discriminated against because of their disability. Section 504 does not guarantee that a child who has a disability will receive an IEP that will tailor a curriculum to fit the educational needs of the child. In order to be eligible to receive protection under Section 504, a child must have a physical or mental disability that substantially limits at least one major life function. Children protected under Section 504 don’t have the same rights as children who are protected under IDEA; a student who is protected under Section 504 is not automatically protected under IDEA, but a student who is protected under IDEA is automatically included in Section 504. A Section 504 student will receive the same free education that all other students receive without any modification for learning needs, while a student protected under IDEA is entitled to an education that is custom designed to fit their unique educational needs. Essentially, Section 504 requires that schools make reasonable accommodations for students with disabilities and protects students who do not qualify for special education services under IDEA. Students protected under Section 504 are required to spend as much time as possible in a general education classroom and to receive their education in the least restrictive environment. Section 504 is funded by the school’s general education fund and is typically not paid for by special education funds.
IDEA stands for Individuals with Disabilities Education Act and is the federal special education law. It is designed to ensure that students with disabilities receive a free, appropriate education that fits their unique learning needs and is delivered in the least restrictive environment. It helps school districts determine how best to provide for the educational needs of students with disabilities. All students who are protected by IDEA are also protected under Section 504. Students five and older may receive special education services under IDEA if they are determined to have one or more specific disabilities recognized by the federal government, which may include learning disabilities; mental retardation; other health impairments; hearing impairments; multiple disabilities; speech or language impairments; visual impairments; emotional disturbance; orthopedic impairments; autism; traumatic brain injury; and/or deaf-blindness. IDEA requires that students receive an IEP. IDEA also requires parents of the child to be involved in the decision making group. IDEA provides federal financial assistance in order to ensure that students receive the special education and services they require.
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Actually the IDEA provides services for children from birth to twenty-one. For children from birth through age two those services are called early intervention services under part C of the IDEA. For children from age 3 to 21 the services are as described here and provided under part B of the IDEA.
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