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IDEA vs. Section 504 A comparison of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act
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How to Use This Presentation This can be viewed as a presentation, featuring comparisons of IDEA and Section 504 – Just tap the right arrow key This can be used as a quick look-up for individual comparisons (e.g. funding) – Click contents on the bottom of the slide to advance to content page
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Table of Contents Funding Administrator Service Tool Purpose Qualifications Procedural Safeguards Procedural Safeguards Informed Consent Reevaluations Independent Evaluations Independent Evaluations Placement Grievance Procedure Grievance Procedure Due Process Enforcement Primary Responsibility Primary Responsibility Click to view as presentation
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Funding Section 504 Primarily funded for by the local community In the school system, the district assumes financial support IDEA State, local and federal government is responsible by funding Federal government gives support as required by IDEA, and State Government must supply the rest needed to meet child’s IEP needs Back to Contents
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Administrator Section 504 A 504 Coordinator is appointed to oversee 504 plans This can be a Special Education teacher or other staff IDEA Special Education Director or designee May be a Special Education teacher or a position in its own Back to Contents
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Service Tool Section 504 A 504 plan is implemented to meet needs IDEA An Individualized Education Plan is designed by a team to meet needs and goals Back to Contents
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Purpose Section 504 To eliminate discrimination based on a disability Provide Free Appropriate Public Education IDEA A federal funding statute whose purpose is to provide financial aid to states To ensure adequate and appropriate services for students with disabilities Provide Free Appropriate Public Education Back to Contents
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Qualifications Section 504 Student must have a mental or physical disability Disability must impact daily life, and ability to do certain tasks – (e.g. cannot get to class on time because of wheelchair use) IDEA Student must fall under one of the 13 funding categories of IDEA Back to Contents
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Procedural Safeguards Section 504 Notification must be given List of grievance procedures should be provided Due Process IDEA Notification and consent must be given to receive placement List of grievance procedures should be provided Due Process Notice for any placement change Back to Contents
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Informed Consent Section 504 Notification is required, but consent is not IDEA Informed consent must be given before am initial evaluation is conducted Back to Contents
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Reevaluations Section 504 Only needs to be done when needed IDEA Must be conducted every 3 years Back to Contents
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Independent Evaluations Section 504 Parent or legal guardian is responsible for fees incurred in evaluation they choose to have conducted IDEA Any evaluation the parent or legal guardian chooses to have outside of the school is paid at the expense of the school district Back to Contents
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Placement Section 504 Parents must be notified of any change IDEA Parents must be notified of any change A new IEP must be conducted before any change in placement can occur Back to Contents
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Grievance Procedure Section 504 Yes – Office of Civil Rights will handle any infraction IDEA None Back to Contents
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Due Process Section 504 Requires district to provide impartial hearings for parents or legal guardians who disagree IDEA Requires district to provide impartial hearings for parents or legal guardians who disagree Back to Contents
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Enforcement Section 504 Office of Civil Rights IDEA Federal Office of Special Education Back to Contents
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Primary Responsibillity Section 504 Special Education teacher, General education teacher, or other qualified personnel IDEA Special Education Teacher Back to Contents
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End References: Dr. Carl Liaupsin Dr. Loren Gratz Dr. Janice Sammons University of Arizona Compiled: Brittney Sorensen
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