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IDEA, Section 504 of the Rehabilitation Act, ADA, and ESSA: How a Generation of

Learners with Disabilities Were Granted Their Rights

Molly Jimmerson

Arizona State University

SPE 411: Special Education History and Law

Amy Papacek

September 21, 2022

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IDEA, Section 504 of the Rehabilitation Act, ADA, and ESSA: How a Generation of

Learners with Disabilities Were Granted Their Rights

This paper will discuss what IDEA, Section 504, ADA, and ESSA are, as well as how

they impact the rights of children receiving special education services. All of these acts and laws

are designed to provide rights to individuals with disabilities, and prevent discriminatory action

in the general population.

IDEA

IDEA stands for the Individuals with Disabilities Education Act, and was established in

1972. This is a law that was originally titled Education for Handicapped Children Act, and is the

basis for establishing what special education is, how it should be used, and the processes

involved in determining eligibility for the services. IDEA is applicable from birth to age 21, and

protects children who have disabilities that fall under one of the thirteen categories of eligibility.

(Yell, 2019) IDEA is used to provide services for children who are unable to be independently

successful in a general education setting due to a disability included on the eligibility list. IDEA

is used to provide these students with accommodations and modifications as needed. IDEA is

very impactful to special education as it functions today since it is what provides the protection

against discriminatory practices in the public education system, ensuring that our students are

provided equal educational opportunities as other students in the general education setting.

Section 504

Section 504 of the Rehabilitation Act was established in 1973, and was designed to

define rights of individuals with disabilities that negatively impact one or more major life
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activities. This law does not provide special education services, but rather provides the access to

reasonable accommodations as they pertain to the disability impeding them. (Yell, 2019) Those

with a 504 plan would be deemed ineligible for special education services since they are able to

be successful in a general education classroom with accommodations that are not impeding the

learning of others. This law is different from IDEA in that it continues to protect the rights of

those with disabilities that impact one or more major life activities in the workplace, as well as in

colleges and universities. (Lee, 2020) Section 504 is particularly important to those with learning

disabilities or ADHD, who may not be deemed eligible for an IEP, but still may need additional

support to academically perform to their fullest potential.

ADA & ESSA

The Americans with Disabilities Act and the Every Student Succeeds Act do not have as

significant of an impact on special education, but are both important in contributing to the rights

of students with disabilities. ADA provides students with disabilities the accessibility to the

school through things like ramps, handicapped parking spots, wheelchair-accessible school

buses, in-school elevators, and assistive technology to access the general education setting. (Lee,

2022) ADA is applicable to all individuals of all ages with disabilities, including those in school.

While it might not directly impact the format of special education, it is important for those

students to be able to go to school and not have to worry about how they will get to the

playground, or to the second floor to attend their classes. ESSA is also indirectly related to

special education, by being focused on closing the gap between schools in regards to race,

disability, and socioeconomic class, as well as providing extra support to schools who are

particularly struggling with meeting the academic expectations of their state. (Yell, 2019) ESSA

was designed to protect those who were underprivileged, and had more significant needs than in
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a typical public school. This protection is important because often students with disabilities are

individuals who may not score as well in standardized tests, which is how ESSA determines the

level of achievement for the school. A school may potentially be provided more resources for

students with disabilities, granting them additional opportunities and support.

Conclusion

IDEA, Section 504, ADA, and ESSA all have unique impacts on the way we support

students with disabilities in the educational setting. IDEA sets forth the boundaries and

expectations of what special education is and who it should be provided to. (Yell, 2019) It

prevents students who may have previously been excluded from the public school system due to

lack of ability from experiencing that. Section 504 is important because it recognizes that while

not all disabilities may require special education or significant services, some individuals may be

made more successful with the implementation of in-class accommodations. (Yell, 2019) ADA is

important to all individuals with disabilities, but specifically allows students with disabilities to

have a more “typical” educational experience by making schools more accessible, and breaking

down barriers that may have previously led to exclusion. Finally, ESSA is designed to support

our students, especially those who struggle academically. It works to provide necessary resources

to schools who need them, potentially funding special education programs, and allowing for

students with disabilities to have better and better educational opportunities. (Yell, 2019)
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References

Yell, M. L. (2019). The law and special education. Pearson.

Lee, A. M. I. (2020, October 22). Section 504 of the Rehabilitation Act of 1973. Understood.

Retrieved September 21, 2022, from

https://www.understood.org/en/articles/section-504-of-the-rehabilitation-act-of-1973-wha

t-you-need-to-know?_sp=3e0c5416-d80d-4ccf-a205-028843895f31.1655687186526

Lee, A. M. I. (2022, March 1). What is the Americans with disabilities act?: How ada helps

students. Understood. Retrieved September 21, 2022, from

https://www.understood.org/en/articles/americans-with-disabilities-act-ada