Disability Rights Laws in Public Primary and Secondary Education: How Do They Relate?

(Printer-friendly PDF version | 305 KB)
(Large Print PDF version | 276 KB)
(Spanish version)

Parents and caregivers of children with disabilities are often confused about which laws protect their children from discrimination and provide access to educational and related services in public K-12 schools.

There are three main laws that address the rights of students with disabilities in public schools:

• The Individuals with Disabilities Education Act (IDEA)
• Section 504 of the Rehabilitation Act
• Title II of the Americans with Disabilities Act (ADA)

These three laws were written and passed at different times in US history. Section 504 was first passed in 1973, IDEA in 1975, and the ADA in 1990. Because they are not part of some grand, overarching plan, it can be confusing to differentiate when and how they apply to students with disabilities. In this factsheet, we describe how these laws differ, so parents can understand the legal basis for both their child’s civil and educational rights and can advocate for them in public schools. This document is a starting point for families to understand the various laws that affect them and how they interrelate.

What do these laws cover?

These laws each address different parts of the educational picture for students with disabilities.

The ADA is a broad law that provides civil rights protections to all individuals with disabilities in the US in many different aspects of life. Title II of the ADA prohibits discrimination by state and local governments, which includes public schools.

Section 504 is more limited, it provides civil rights protections to all individuals with disabilities in programs that receive federal funding, which includes most public schools. Both the ADA and Section 504 are nondiscrimination laws that do not provide any funding to the covered entity.

Finally, IDEA is not an antidiscrimination law; it is a statute that mandates free appropriate public education (FAPE) in the least restrictive environment (LRE) for students with disabilities eligible under IDEA. Note that Free Appropriate Public Education (FAPE) and least restrictive environment (LRE) are legal terms defined in IDEA. IDEA provides federal funding to schools to support IDEA eligible students.

How do these laws relate?

Part of the reason it is confusing to differentiate between these laws is because they overlap in their coverage, their definitions of disability, their eligibility, and their planning requirements. These laws also overlap in the types of services, modifications, and accommodations they support.

Coverage

Who is covered—and therefore protected— under these laws differs based on the setting, the funding source, and the age of the individual.   Table 1 shows how the laws differ in terms of coverage.

Table 1. Coverage

Definition of Disability

The laws also differ slightly in how they define disability. The ADA and Section 504 have the same broad definition. IDEA has a different, more limited definition. Table 2 shows how the laws differ in terms of definition of disability.

Table 2. Definitions of Disability

Eligibility

Definitions are important because they are an important part of deciding whether a law applies to a specific individual. To be considered for protections under the ADA and Section 504, a person must meet the definition of disability defined above. Under IDEA, the child must have a specific disability (as defined in law) and must need specially designed instruction and related services. A child can have a disability and be covered under 504 and ADA (non-discrimination), but not require specially designed instruction and thus not receive services under IDEA. For example:

• A student has diabetes, but is performing well for her grade without specialized instruction. She requires accommodations so she can take her shots and eat snacks at certain times, but does not need specially designed instruction. This student is covered under the ADA and Section 504 because she has a disability that meets the definition under those laws.  The student is not covered by IDEA, even though diabetes is covered under IDEA (other health impairment).  The student’s diabetes does not affect her learning since she is performing at or above standard for her grade without specialized instruction.
• A student uses a wheelchair and requires that classrooms be accessible for his wheelchair (that is, he requires accommodation in facility access), but is performing at grade level otherwise and does not need specially designed instruction. This student is also covered by the ADA and Section 504.  He is not covered by IDEA because his disability is not affecting his learning.
• A student with dyslexia is not performing adequately for his age level. The evaluation team agreed that his difficulty with reading is impacting his ability to learn.  This student is covered by all three laws.

These three examples show the difference between accommodations, which are required under the ADA and Section 504 to ensure nondiscrimination, and educational and related services, which are required under IDEA.

Documentation and Planning Requirements

Each law has different documentation and planning requirements. Table 3 shows how the laws differ.

Table 3. Documentation and Planning Requirements

Setting

Under IDEA children with disabilities must be educated with their peers without disabilities to the maximum extent appropriate with supplemental aids and services, if necessary, to allow them to benefit from public education. There is a presumption under the law that children with disabilities will be educated with children without disabilities and will be removed from the classroom or placed in special classes only when necessary to meet their individual needs. In these cases, placement in alternative educational settings is allowed under the law.  Section 504 and ADA Title II, which provide similar protections for children with disabilities, also presume students with disabilities will receive educational services in the regular educational environment with the appropriate aids and services necessary to ensure they benefit from educational opportunities.  Table 4 shows how settings differ by law.

Table 4. Setting

Due Process

Schools have procedural safeguards for the identification, evaluation, or educational placement of students with disabilities.  These procedures are there so that parents have a way to challenge the school’s decisions in case of a disagreement.

Some of these elements include notice, right to review records, a hearing, and an appeal. Table 5 shows how due process differs between laws.

Table 5. Due Process

Enforcement

When a parent believes that a school system is discriminating against a child because of his or her disability, the parent can file a complaint with these agencies listed in Table 6.

Table 6. Enforcement Agencies

Coverage Under More than One Law

These laws interact with each other. A school system must meet the requirements of all three laws. However, meeting the requirements of one law does not automatically satisfy the requirements of the other laws. A student may have rights under more than one law at a time. Below are two examples that highlight situations where a student has coverage under multiple laws.

Example 1—Service Animals

Aeris, a 4th grade student with a learning disability and a physical disability, uses a service animal trained to remind her to take her medicine.  Aeris has an IEP, and her service animal is not part of her IEP.  However, Aeris’ IEP includes a detailed plan to ensure that the staff is prepared to remind her to take her medications on time throughout the school day.  Aeris brings her service animal to school.  The school administrators deny her service animal access because the disability-related task performed by the service dog is fulfilled by the school staff.

Question:  Did the school administrators violate any laws?

Answer:  Yes, the school administrators violated Title II of the ADA by denying Aeris’ service animal access.  Under Title II of the ADA, a public entity must allow an individual with a disability to be accompanied by a service animal. This requirement under the ADA is separate from the right to receive a free and appropriate public education under IDEA.

Example 2 – Effective Communication

Barret is a 7th grader who has hearing loss and uses cochlear implants.  Even with his cochlear implants, Barret cannot hear everything and uses lip reading and educated guesses through observations to fill in the gaps of speech he does not hear.  Barret’s IEP provided for an FM amplification system, copies of written notes, obstruction-free seating and other communication-related accommodations.  In addition, Barret requested Communication Access Realtime Translation (CART), a real-time transcription service that displays words on a screen as they are spoken.  Because Barret did very well in school, the IEP team denied his request.

Question:  Does Barret have a right to CART services?

Answer:  Yes, Title II of the ADA states that communications with students with disabilities should be “as effective as communications with others.”  Furthermore, “In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities.”  Even though the school is meeting its obligation to provide a free and appropriate public education under the IDEA arguably without CART, the obligation to communicate effectively under the ADA is not being met; and therefore, CART must be provided.

Resources

• U.S. Department of Education, Office for Civil Rights (OCR)
  • Parent and Educator Resource Guide to Section 504 in Public Elementary and Secondary Schools
  • Frequently Asked Questions on Effective Communication for Students with Hearing, Vision, or Speech Disabilities in Public Elementary and Secondary Schools
  • Meeting the Communication Needs of Students with Hearing, Vision, or Speech Disabilities
  • What Are Public Schools Required to Do When Students with Disabilities Are Bullied?
  • Students with Disabilities in Extracurricular Athletics
     
• U.S. Department of Education, Office of Special Education and Rehabilitative Services (OSERS)
  • A Transition Guide to Postsecondary Education and Employment for Students and Youth with Disabilities
  • Office of Special Education and Rehabilitative Services (OSERS) Policy Guidance on Free Appropriate Public Education (FAPE)
  • Dispute Resolution Memo
  • Questions and Answers on Procedural Safeguards and Due Process Procedures for Parents and Children with Disabilities
     
• U.S. Department of Justice
  • Frequently Asked Questions about Service Animals and the ADA