Understanding IDEA and Section 504 in Relation to Free and

Appropriate Public Education

Completed by:
David Grayson, Jennifer Porter,
Asia Robinson, Angelina Mancuso
 Introduction
Familiarity with IDEA and Section 504 empowers school staff to create an inclusive and
supportive learning environment, ensuring that all students have equal opportunities to
succeed academically and personally.

Being Knowledgeable about IDEA & Section 504 means:

● Providing support
● Identify Students with disabilities & Addressing Individual Needs
● Eliminating Discrimination
● Ensuring FAPE (Free and Appropriate Public Education)
● Parental Collaboration
● Early Intervention
● Improving Student Outcomes
● Legal Compliance
 Individuals with Disabilities Education Act (IDEA)
○The Individuals with Disabilities Education Act (IDEA) is a law that makes available a
free appropriate public education to eligible children with disabilities throughout the
nation and ensures special education and related services to those children.

○There are 13 disability categories under IDEA: Specific learning disability (SLD),Other
health impairment, Autism spectrum disorder (ASD), Emotional Disturbance ,Speech or
language impairment, Visual impairment including blindness, Deafness,Deaf-
blindness,Orthopedic impairment,Intellectual disability,Traumatic brain injury and
multiple disabilities

(Individuals with Disabilities Education Act, 2022)

 FAPE (Free and Appropriate Public Education) Under IDEA
● FAPE requires schools to provide special education to meet the unique needs
of a child.

● Under FAPE schools are required to provide students with special education,
accommodations, modifications, IEP’s and teach kids in a least restrictive
environment.

(Lee, A. M., JD.,2023)

 Procedural Safeguards
**Mechanisms put in place by IDEA and Section 504 to protect the rights
of students with disabilities and their parents or guardians.
**Ensures that the educational process is fair, transparent and inclusive.

Procedural Safeguards Under IDEA Procedural Safeguards Under Section 504

● Parental Consent
● Prior-Written Notice
● Evaluation
● IEP’s
● Least Restrictive Environment
● Parental Participation
● Mediation & Due Process
● Nondiscrimination
● Evaluation & Accommodations
● Prior Notice
● Parental Participation
● Grievance Procedures
● Free Appropriate Public Education (FAPE)

(Essex, 2014)
 Section 504 of the Rehabilitation Act of 1973
-Section 504 of the Rehabilitation Act of 1973 states that all persons are provided equal opportunity.
This does not exclude any student regardless of their individual needs. More specifically, no federally
funded activity will be allowed to discriminate and/or exclude any individual based on their disabilities.

-While the initial and most common thought when we consider ‘federally funded activity’ is that of
public schools; this exceeds those walls. For example, Summer Food and Service Program,
HeadStart, Community Development Block Grant, etc. are all examples of federally funded programs.

-What might a violation look like from one of these programs? HeadStart which is a comprehensive
early childhood education program, denying services requested per an early intervention screening.

-What might a violation of Section 504 look like in a High School with a large population and decent
reputation? It could potentially look like a young man named Miguel being refused a collegiate level
science course based off the physical setting being unequipped for wheelchairs.
 FAPE Under Section 504
What is FAPE?

FAPE quite literally stands for Free and Appropriate Education.

The education law, Individual with Disabilities Act states at all public schools are to provide a Free and
Appropriate Public Education to all students with disabilities.

This law applies to learners within the given categories of having an impairment which limits their ability to
engage/complete any major life activities.

In order to abide by this law, the education offered/given needs to be at zero cost (Free), catered to learners
individual needs/IEP (Appropriate), available to all students in a given area (Public), and aid a learner to
reach success based off those needs (Education).

In case 38, Miguel was not offered fair and equal services as he was removed from a class relevant to his
educational/college success.
 Differences Between IDEA and Section 504
- Both are federal laws that address the rights and support for students with disabilities
in the United States. They have some similarities but have distinct differences in
three categories: Scope, Eligibility Criteria, and Services They Provide.
Differences in : IDEA Section 504
❖ Applies specifically to students that require special ❖ Broader scope and covers individuals with disabilities
education services in any program or activity that receives federal
Scope ❖ To be eligible for IDEA, a student must meet one of 13 financial assistance, including public schools.
specific disability categories outlines in the law and ❖ Protects individuals from discrimination based on their
disabilities and provides accommodations and
require specifically designed instruction to make progress
support to ensure equal access to education and
in the gen ed. curriculum. services.

❖ Eligible students receive special education services ❖ Eligible students may receive accommodations
and supports that provide equal access to
Eligibility Criteria education, but they DO NOT receive special
education services as under IDEA.

❖ Personalized instruction ❖ During evaluation schools must determine if a

❖ Speech Therapy student has a mental or physical impairment that
Services they ❖ Occupational Therapy substantially limits one or more major life
Provide ❖ Accomodations to access the curriculum to make
progress in education
activities. Accommodations are then provided
based on the needs.
 Collaboration Between Faculty, Staff, and Parents
Collaboration means…
… coming up with the most rigorous individual education plan for each student.
… supporting each other and creating support for the student.
… as a team, we create an individual education plan for students that meets their
special needs for the classroom through open communication between all
stakeholders.
The Administrative Team will provide…
… all resources required for the classroom teachers/staff for each student.
… guidance for creating the best individual educational plan for each student.
… time during the school year to collaborate as teams in creating plans.
Involving the Parents & the Student:
● Collaboration with the parents is a must! Incorporating their thoughts, vital insite, and wishes is an important and legally
required step in the process.
● Parents must be informed of the purpose, time, and location of the meetings and who will be in attendance; and copies of
the IEP must be provided.
● Involving the student, when possible, is a great way to better create an individual plan that is successful for the student’s
learning.
● Records of all parent communication must be kept. (U.S. Department of Education, 2017)
 Conclusion
In summary, IDEA specifically address the provision of
special education services for students with disabilities,
while Section 504 ensures equal access and protection
from discrimination for individuals with disabilities in
federally funded programs.

Both laws are essential i supporting the educational

rights of students with disabilities.
 References
Essex, N. (2014). School Law and the Public Schools: A Practical Guide for Educational Leaders.

Hanson, K. L., & Hanson, K. L. (2009). A casebook for school leaders: Linking the ISLLC standards to effective practice (Third).

Pearson/Merrill/Prentice Hall.

Individuals with Disabilities Education Act. (2022, November 7). About IDEA - Individuals with Disabilities Education Act. Individuals

With Disabilities Education Act. https://sites.ed.gov/idea/about-idea/

Lee, A. M., JD. (2023). What’s covered under FAPE | Free appropriate public education. Understood.

https://www.understood.org/en/articles/what-is-and-isnt-covered-under-fape

School Psychologist Files. (2019, October 7). Which is better, a 504 Plan or an IEP? . School Psychologist Files.

http://schoolpsychologistfiles.com/which-is-better-a-504-plan-or-an-iep/

U.S. Department of Education. (2017). Sec. 300.322 parent participation. Individuals with Disabilities Education Act.

https://sites.ed.gov/idea/regs/b/d/300.322