Section 2: Laws                                                                                                                                                      MO-AHEAD > Table of Contents > Section 2.1

 

The information below shows similarities and differences among the laws that affect students with disabilities. Secondary schools must comply with the Individuals with Disabilities Act (IDEA), while post-secondary institutions such as colleges and universities must comply with Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA). Because they are very different laws, students and parents are advised to familiarize themselves with the differences.

Comparison Between IDEA, Section 504, and the ADA
 

  IDEA SECTION 504 ADA
MISSION To provide a free, appropriate, public education (FAPE) in the least restrictive environment. To establish a "level playing field" and prevent discrimination based on disability. Strengthens Section 504 and extends coverage to employment, private institutions, and other previously unnamed agencies and organizations
APPLIES TO All public schools, pre-kindergarten to 12th grade or age 21 if enrolled in a public secondary program. All institutions and programs receiving federal financial assistance. Includes private institutions where students receive federal financial assistance. Public and private education, employment, transportation, accommodations and telecommunications, regardless of whether there is federal funding.
COVERS Those who have educational disabilities that require special education services to age 21 or until graduation. All qualified persons with disabilities regardless of whether they received services in elementary/secondary school. A person is "otherwise qualified" if the person is able to meet the requisite academic and technical standards, with or without accommodations. All qualified persons with disabilities and people without disabilities who are discriminated against because of their relationship with a person with a disability.
DEFINED AS Disabilities covered are defined in the Act and are too numerous to list here. Refer to the Act No specific list of disabilities. The definition of a person with a disability is a person with a physical or mental impairment that: substantially limits one or more major life activities, has a record of a disability, is regarded as having the disability.
 		 Same criteria as Section 504. HIV status, contagious and non-contagious diseases are also defined as disabilities.
ID/PROCESS Responsibility of the school. No expense to the parent or the student. Transfer of parental rights to the student at age 18. Responsibility of the student to self-identify to the institution and provide appropriate documentation of disability. Same As Section 504

Adapted from: Brinckerhoff, L.C., Shaw, S.F., and McGuire, J.M. (1993). Promoting postsecondary opportunities for students with learning disabilities, 44-45. Reprinted with permission.

 

[back]