Did You Know??

Both Section 504 (of the 1973 Employment Rehabilitation Act) and IDEA are concerned with identifying and meeting the needs of students with disabilities.  However, being two different laws, they have two different definitions of “disability” which means we have to keep both in mind when working with the disabled population.  The section 504 definition is more general and nearly all students who qualify as disabled under IDEA will meet the section 504 definition, i.e. the student has a medical or psychological impairment that substantially limits a major life function. The reverse is not true—not all students who qualify under section 504 will meet the specific disability categories or definitions under IDEA.

Given that school districts have a mandatory proactive child-find obligation under both laws, this situation forces teams to carefully consider whether a student who is being dismissed or exited from special education would still be eligible under section 504.  It is a good practice prior to exiting or dismissing a student from special education to consult with your school/site 504 coordinator to insure that proper procedures are followed, requisite documentation is completed, and that eligibility under section 504 is considered. Teams may frequently find that students still meet the disability eligibility requirements under section 504 but do not need accommodations in the school setting so no plan is required.  Furthermore, it is rarely necessary to consider section 504 while a student is on an IEP under IDEA because the IEP process and protections suffice for section 504.