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Wednesday, February 9, 2011

Education of Individuals with Disabilities: The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA)


Nancy Lee Jones
Legislative Attorney

Several federal statutes, notably the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and the Americans with Disabilities Act (ADA), address the rights of individuals with disabilities to education. Although there is overlap, particularly with Section 504 and the ADA, each statute plays a significant part in the education of individuals with disabilities, and is of interest to Congress both in preparing for the reauthorization of IDEA and in oversight of recent amendments to the ADA. IDEA, enacted in 1975, is both a grants statute and civil rights statute and requires programs for children with disabilities that are in addition to those available to children without disabilities. Section 504, enacted in 1973, and the ADA, enacted in 1990, are civil rights statutes that prohibit discrimination against individuals with disabilities. Their coverage is similar and the ADA was modeled on Section 504 and its regulations; however, the major distinction is that Section 504 only applies to entities that receive federal financial assistance, while the ADA has broader coverage, not tied to the receipt of federal funds. This report will examine the similarities and differences in the IDEA, Section 504, and ADA coverage of education including the implications of the ADA Amendments Act of 2008.


Date of Report: February 3, 2011
Number of Pages: 17
Order Number: R40123
Price: $29.95

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