Ensuring Equal Access:

Understanding IDEA
and Section 504 of the
Rehabilitation Act of
1973
Introduction

Understanding the importance of

IDEA and Section 504 in ensuring
equal access to education for
students with disabilities. This
presentation will provide an in-
depth analysis of the key provisions
and implications of these laws.
What is IDEA

Definition Reauthorize

The Individuals with Disabilities Education Congress reauthorized the IDEA in

Act (IDEA) is a legislation that guarantees 2004 and most recently amended
the right to a free appropriate public the IDEA through Public Law 114-
education for eligible children with 95, the Every Student Succeeds
disabilities in the United States. This law Act, in December 2015.
ensures that special education and related
services are provided to these children,
aiming to support their educational needs
and promote their overall development
and success.
source- https://sites.ed.gov/idea/about-idea/
Section 504
Definition Eligibility Criteria
Section 504 prohibits discrimination Understanding the criteria for eligibility under
against individuals with disabilities in IDEA and Section 504 is crucial for identifying
students who require special education and
programs receiving federal financial related services or reasonable
assistance. It requires schools to accommodations.
provide reasonable accommodations
to ensure equal access and
participation for students with
disabilities.
 § 300.321 IEP Team.
(a) General. The public agency must ensure that the IEP Team for each child with a
disability includes—
(1) The parents of the child;
(2) Not less than one regular education teacher of the child
(3) Not less than one special education teacher of the child,
(4) A representative of the public agency who— …
(5) An individual who can interpret the instructional implications of evaluation
results,
(6) At the discretion of the parent or the agency, other individuals who have
knowledge or special expertise regarding the child, including related services
personnel as appropriate; and
(7) Whenever appropriate, the child with a disability.
 What is the risk to me if I fail to implement the law?

Regular education teachers who willfully fail to implement the child’s IEP or
504 Plan may be at risk of personal liability, including money damages.

Doe v. Withers, 20 IDELR 422 (W. Va. Cir. Ct. 1993). A regular education
history teacher was ordered to pay $15,000 to the parents of a student with
learning disabilities due to the teacher’s refusal to provide oral testing as
required by the IEP.

● Source: https://www.wrightslaw.com/info/damag.doe.withers.htm
 What is FAPE
FAPE is what is provided through Free Appropriate Public Education (FAPE)
using IDEA and the Section 504. Defined - “To be appropriate, education programs for students with disabilities
must be designed to meet their individual needs to the same extent that the needs of
nondisabled students are met. An appropriate education may include regular or special
education and related aids and services to accommodate the unique needs of individuals
with disabilities.

One way to ensure that programs meet individual needs is through the development of an
individualized education program (IEP) for each student with a disability. IEPs are required
for students participating in the special education programs of recipients of funding under
the IDEA.

The quality of education services provided to students with disabilities must equal the
quality of services provided to nondisabled students. Teachers of students with disabilities
must be trained in the instruction of individuals with disabilities. Facilities must be
comparable, and appropriate materials and equipment must be available.

Students with disabilities may not be excluded from participating in nonacademic services
and extracurricular activities on the basis of disability. “ (Free appropriate public
education under Section 504)
 How does it all connect together?
FAPE is the result of Section 504 and IDEA by the way they are implemented
and how they are understood. They address the questions that FAPE has for
who, and how:
Who is entitled to a free appropriate public education?
How is an appropriate education defined?
How is a free education defined?

Those two policies/ laws give the framework for how to answer these
questions and a give a guidebook on how to do it in an educational setting.
Case study analysis as an example of this…..
CLC Case AnalysisCase 38 Part 2In section 504 of the Rehabilitation Act of 1973, it states it “forbids organizations and employers from excluding or denying individuals with disabilities an equal
opportunity to receive program benefits and services.” (https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973). With this in mind,
there is only one solution that would fit these criteria and that is to ensure that Miguel has access to the biology class. It is cut and dry. There are a few ways that Miguel can take his biology class
as is his right. He can have his classmates (hopefully some of his Offensive Lineman) carry his wheelchair of the stairs and carry him up the stairs and sit him back in his chair so he can attend the
class, or the school can switch the biology class to another classroom on campus that would allow for Miguel to enter the classroom easily. These solution(s) supports our vision as one of the
most outstanding schools in the area as well as the values of democracy, equity, and diversity, by ensure that a family that handpicked this school for their child is afforded the same opportunity to
take any class that they qualify just like any other able bodied student, as well as making sure that all students no matter their disability or situation is treated equally and fairly. By making the
arrangements of having his classmates/teammates help Miguel to get up the stairs or changing classrooms, ensures that this happens. To go along with the above-mentioned solutions, (assuming
that Ms. Gusman did not make me aware of the decision she made regarding Miguel’s schedule) Ms. Gusman needs to be written up and go through training and a refresher course of the
inalienable rights that are students have. Ms. Gusman needs to be written up as she made a unilateral decision instead of looping in her boss. She could have avoided this situation by receiving
the feedback that she undoubtedly would have received. Not only are the optics bad, by attempting to restrict a student that loss his ability to walk while representing his school on the gridiron,
but it is also illegal. As a school counselor Ms. Gusman needs to be aware of the law and also needs to be sensitive to the situation at hand. Lastly, we must push for the school district to provide
the funds needed to make sure all buildings on campus accommodate all students with disabilities.This solution promotes social justice and ensures that individual student needs are met. It can hit
the mark because it stands up for not only Miguel’s rights presently, but also sets the precedent for this to never happen again, at this school and those in the area and hopefully nationwide.
Miguel has dream and aspirations of going to college and any class that is needed for him to matriculate in the manner and status in which he chooses should not and cannot be restricted and
thanks to the solution that we have chosen, it will happen for Miguel. By taking the meeting with Miguel’s family and their lawyer and being armed with a solution that is easily put in place, it is
our hope that the trust that was fractured can begin to mend. Also, by sharing the next steps, including the reprimand of Ms. Gusman, the family can be assured that learning has taken place
amongst the staff, of the importance of this issue and that the high standard of this Federal mandate will be upheld going forward, without the need of a reminder. Lastly by ensure the family that
we will go to the board together to petition for the funding to update all building to ensure access to students with disabilities promotes the collaboration and trust necessary to push for positive
and lasting change.

(All participants will have a copy of this as a hand out)

How does this show an example of FAPE
HOW?

WHY?

Group activity, answer these two questions and then we will discuss as a whole group

You will have 10 minutes to discuss amongst your groups and then we will discuss
together
Any Questions/ Comments/
Concerns
 References
● US Department of Education (ED). (n.d.). Free appropriate public education under Section 504. Home.
https://www2.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html

● About idea. Individuals with Disabilities Education Act. (2023, November 28).
https://sites.ed.gov/idea/about-idea/

● Damages against teacher who refused to implement IEP: Doe v. Withers - Wrightslaw.com. (n.d.).
https://www.wrightslaw.com/info/damag.doe.withers.htm

● What LEA representatives need to know (and do) as “IEP team meeting ... (n.d.-g).
https://sde.idaho.gov/sped/files/resource-center/presentations/Julie-Weatherly-What-LEA-Representatives-
Need-to-Know-as-IEP-Team-Meeting-Process-Leaders.pdf