Section 504
A civil rights law to prohibit the discrimination on the basis of disability in programs and activities, public and private, that receive federal financial assistance.
Americans with Disabilities Act (ADA)
A civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations.
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Section 504
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ADA
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Purpose
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A civil rights law to prohibit discrimination of the basis of disability in programs and activities, public and private, that receive federal financial assistance.
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A civil rights law to prohibit discrimination solely on the basis of disability in employment, public services, and accommodations.
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Who is protected?
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Any person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such impairment, or (3) is regarded as having such an impairment. Major life activities include waking, seeing, hearing, speaking, breathing, learning, working, caring for oneself, and performing manual tasks.
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Any individual with a disability who : (1) has a physical or mental impairment that substantially limits one or more life activities; or (2) has a record of such impairment; or (3) is regarded as having such an impairment. Further, the person must be qualified for the program, service, or job.
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Evaluation and Placement Procedures
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Unlike IDEA, Section 504 requires only notice, not consent, for evaluation. It is recommended that districts obtain parental consent, Like IDEA evaluation and placement procedures under Section 504 require that information be obtained from a variety of sources of the area of concern; that all data are documented and considered; and that decisions are made by a group of persons knowledgeable about the student, evaluation data, and placement options. Section 504 requires that students be educated with their non-disabled peers to the maximum extent appropriate. Section 504 does not require a meeting for any change in placement.
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The ADA does not specify evaluation and placement procedures: it does specify provision of reasonable accommodations for eligible activities and settings. Reasonable accommodations may include, but are not limited to, redesigning equipment, assigning aides, providing written communication in alternative formats, modify tests, residing services to accessibility locations, altering existing facilities, and building new facilities.
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