IDEA AND THE

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REHABILITATION ACT OF 1973

Grand Canyon University

Wednesday, April 10, 2024
Dr. Cherri Barker
Robert Biles, Sara Singh, Jaysin Torres, and Cassie Wheatley
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 Click to edit Master titleWHAT
style IS IDEA?

• 1990 – 2004 - Present: Individuals with Disabilities Education Act

• Principal Law for Special Education (FAPE)
• 1975 - Education of Handicapped Children Act
• Formula Grants
• Discretionary Grants
• Opened doors of education to millions of disabled children

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6 KEY PRINCIPLES OF IDEA

1.Zero Reject
2.Protection in Evaluation
3.Free Appropriate Public Education (FAPE)
4.Least Restrictive Environment (LRE)
5.Procedural Safeguards
6.Parental Participation
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 WHAT
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SECTION 504 ?
•Rehabilitation Act of 1973
•Safeguards disabled
students
•Guarantees FAPE
•Produces Individualized
Educational Plan and
services 4

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IDEA VS. SECTION 504
• Both guarantee FAPE
• Differs in criteria used to determine eligibility
• IDEA covers individuals' birth to 21 years old
• Section 504 applies to all ages
• Individuals who may not be eligible under
IDEA may be eligible under Section 504
• IDEA requires parental consent Section 504
requires parent notification
• IDEAIEP
• Section 504 PLAN 5

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Click What
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Appropriate Public Education (FAPE)?
Who is entitled to FAPE?

Regardless of the type or severity of their handicap, every

eligible individual within the school district’s jurisdiction.

Per Section 504, what defines an individual

with a disability?

I. Has a physical or metal impairment which

substantially limits one or more major life activities.

II. Has a record of an impairment.

III. Is deemed to such an impairment.

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How is title style
an appropriate education defined?
An appropriate education include:

• education services intended to satisfy each student's unique educational needs in the same way that the
needs of kids without disabilities are satisfied.

• the education of each disabled student alongside students without disabilities, to the extent that the needs of
the disabled student are met.

• evaluation and placement protocols designed to prevent students from being incorrectly classified or placed
in inappropriate settings, as well as a recurring review of students who have received special education or
related services.

• creation of due process guidelines that allow parents and legal guardians to:
o obtain the necessary notices
o examine their child's records
o contest the identification, assessment, and placement choices made. 7

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How Master titleand
is IDEA style
Section 504 related to FAPE?

 Students with disabilities are guaranteed access

to FAPE under both IDEA and Section 504.

 Any qualified individual with a disability under

the district's supervision is entitled to FAPE in
public schools, according to Section 504,
regardless of the type or severity of the
student's condition.

 IDEA establishes certain categories, or

"exceptionalities," that determine who is
eligible for special education programs and 8
services. 8
Click to edit Master titleEVALUATION
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According to the IDEA, there are thirteen exceptionalities that qualify students for special education services.
• Specific learning disability (SLD) • Deaf-blindness
• Autism spectrum disorder (ASD) • Orthopedic impairment
• Emotional behavioral disorder (EBD) • Intellectual disability
• Speech and language impairment • Traumatic Brain Injury
• Visual impairment • Other health impairment
• Deafness • Multiple Disabilities
• Hearing Impairment
National Educator Association (2023)

Before deciding if a child is eligible for special education services, a team of educators will
conduct an individual evaluation of your child’s needs, academic achievement, problems and
interests. .

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Click to edit Master titleEVALUATION
style

According to the Florida Department of Education, “the evaluation will include measuring your child’s
response to instruction and interventions over time, interviews, observation, and an analysis of all
information about your child and their educational needs. The evaluation sometimes includes individual
tests given by a specialist, such as a psychologist or speech ‐language pathologist” (Florida Department of
Education, 2012 )

Educators should be familiar with the evaluation guidelines.

1. Determinations cannot be made by using a singular form of assessment. A variety of tools
must be used.
2. The evaluation must be completed in the child’s native language.
3. The evaluation must be administered by a trained educational professional.
4. A copy of the evaluation report must be sent home to the parent/guardian once completed.
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Click to edit Master title style DETERMINATION
EVALUATION
According to the National Educator Association, “Once the evaluation has been completed, the group of
qualified school professionals will meet with the parent/guardian to discuss whether or not their child
meets the definition of a child with a disability as defined by IDEA” (National Educator Association,
2023).

The child will be placed under one of two plans; an IEP or a 504 plan.

Based on the Florida Department of Education, “An IEP is a written agreement that tells you, your child, their
teachers, and other school staff and service providers what services the school will provide to help your child meet
their educational needs” (Florida Department of Education, 2012).
The Rehabilitation Act of 1973 states, “Section 504 covers qualified students with disabilities who attend schools
receiving federal financial assistance. To be protected under section 504, a student must be determined to: (1) have a
physical or mental impairment that substantially limits one or more major life activities; or (2) have a record of such
an impairment; or (3) be regarded as having such an impairment. Section 504 requires that school districts provide11 a
free appropriate public education (FAPE) to qualified students in their jurisdictions who have a physical or mental 11
impairment that substantially limits one or more major life activities” (US Department of Education, 2023).
 RIGHTS, PROTECTIONS,
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ACCOMMODATIONS,
AND MODIFICATIONS AND HOW IT RELATES TO
THE REHABILITATION ACT OF 1973
•INTRODUCTION TO IDEA AND THE REHABILITATION ACT OF 1973
• IDEA: Ensures students with disabilities are provided with Free Appropriate Public Education (FAPE) in the Least Restrictive Environment (LRE).
• Rehabilitation Act of 1973, Section 504: Prohibits discrimination against people with disabilities in programs receiving federal funds, including
education.
•IDEA VS. SECTION 504 OF THE REHABILITATION ACT
• IDEA: Specifically for students who require special education and related services.
• Requires an Individualized Education Program (IEP).
• Focuses on providing specialized instruction tailored to the student's unique needs.
• Section 504: Broader, covering all individuals with disabilities affecting a major life activity.
• Requires a 504 Plan for accommodations in general education settings.
• Does not necessarily require specialized instruction.

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 RIGHTS, PROTECTIONS,
Click to edit Master title style ACCOMMODATIONS, AND
MODIFICATIONS AND HOW IT RELATES TO THE
REHABILITATION ACT OF 1973 CONTINUED…

•INTERSECTION AND COLLABORATION

• Both laws require collaboration between educators, parents, and students to create effective educational plans.
• IDEA and Section 504 together ensure a comprehensive support system for students with disabilities, covering educational needs from
specialized instruction to accommodations in general education classrooms.

•IMPLEMENTATION AND COMPLIANCE

• Schools must navigate both sets of regulations to support students effectively.
• Regular training and updates for staff on the requirements of both IDEA and Section 504.

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 REFERENCES
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Florida Department of Education. (2012). A Parent’s Introduction to Exceptional Student Education in Florida. Chapter 3; The Evaluation

Process. https://www.fldoe.org/core/fileparse.php/7690/urlt/0070085-eseparent.pdf

Florida Department of Education. (2012). A parent and teacher guide to section 504: Frequently asked questions.

https://www.fldoe.org/core/fileparse.php/7690/urlt/0070055-504bro.pdf

Free appropriate public education under Section 504. US Department of Education (ED). (n.d.).

https://www2.ed.gov/about/offices/list/ocr/docs/edlite- FAPE504.html#:~:text=The%20Section%20504%20regulation

%20requires,severity%20of%20the%20person’s%20disability.

Forster, S. (2023). Idea and the effectiveness of special education legislation. Medium. https://medium.com/@forster.syd/idea- and-the-

effectiveness-of-special-education-legislation-298d8763c2cc

National Educator Association. (2023). Evaluation Process in Special Education. https://www.nea.org/professional-

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 REFERENCES
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Stober, R. (2023, May 9). What is FAPE? special education and the law. SpedTrack. https://spedtrack.com/what-is-fape-special-education-

and-the-law/

US Department of Education. (2023). Protecting Students with Disabilities. Student Protected Under Section 504.

https://www2.ed.gov/about/offices/list/ocr/504faq.html

U.S Department of Education. (2023). Individuals with Disabilities Education Act. About idea. https://sites.ed.gov/idea/about-idea/

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