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Created on: August 09, 2008 Last Updated: August 10, 2008
The major difference between IDEA and Section 504 are the flexibility of the procedures. To identify a child under a Section 504 involves less specific guidelines and criteria. Schools may offer a student less assistance and monitoring because the regulations laid out by the federal government are less involved.
Students identified under IDEA must meet specific criteria. The regulations regarding paperwork, timeframes and notification are more stringent. IDEA addresses the needs of the special education student from ages 3 to 21, while a Section 504 covers the lifespan of the person and covers a multitude of areas, including education, public transportation, and employment.
The criterion for identifying students varies under IDEA and Section 504. Under the guidelines laid out by IDEA, the school district is responsible for identifying and evaluating all children who are suspected of having a learning disability if their parents live in that district. This is not true for Section 504.
During the evaluation process, it is determined what type of services, if any, are needed for the child. Under IDEA, the child must undergo a comprehensive evaluation by a multidisciplinary team. Parents must be informed of any evaluation and they must provide written consent for any and all evaluations. Students must be reevaluated at least once every three years. Reevaluations can also occur if conditions warrant it, or if it is requested by the child's parents or teachers. If the parents disagree with the findings of the school district, the district must provide an additional evaluation by an independent evaluator at no expense to the parents. Finally, if there is a significant change in placement for the student, an additional evaluation is not necessary.
Under Section 504, evaluations are made by drawing upon information from a variety of sources, and are fully documented. Informed written parental consent is not necessary for evaluation under Section 504. Decisions for the students regarding the information garnered during evaluations will be made by knowledgeable professionals. Periodic evaluations are required, but there are no guidelines laid out to determine what periodic means. There are no provisions made to provide independent evaluation at the school districts expense, and finally, Section 504 requires a reevaluation before significant changes in placement can occur.
Both IDEA and Section 504 require that students be provided with a Free and Appropriate Education
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