The Rights of Students with Disabilities Under the IDEA, Section 504, and the ADA - Report

Oct 15, 2026

Uploaded by Kyle

The report explains how the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act (ADA) support federal education efforts for individuals with disabilities. It contrasts overlapping yet different coverage and rights across school levels, including transitions between public and private settings. It also details how each framework defines disability, determines eligibility, requires services and accommodations, prohibits certain conduct, and provides enforcement and remedies. The IDEA is education-focused and funds services, while Section 504 and the ADA apply more broadly.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages50

Reading Time2 h 6 min

AccessFree to download

Introduction

Laws Protecting Students with Disabilities

The Individuals with Disabilities Education Act (IDEA)

Section 504 of the Rehabilitation Act of 1973

The Americans with Disabilities Act of 1990 (ADA)

Defining “Disability”

The IDEA’s Categorical, Education-Centered Definition of “Disability”

Section 504 and the ADA’s Cross-Contextual Definition of “Disability”

The Rights of Students with Disabilities Under the IDEA, Section 504, and the ADA Updated September 26, 2025 Congressional Research Service [https://crsreports.congress.gov](https://crsreports.congress.gov)[ ](https://crsreports.congress.gov)R48068 The Rights of Students with Disabilities Under the IDEA, Section 504, and the ADA The Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA) each play a part in federal efforts to support the education of individuals with disabilities. These statutory frameworks, while overlapping, differ in several ways, including which students they cover and the rights and services they afford. When students with disabilities transition between levels of schooling, or between public and private schools, the accommodations and services required by federal law may change. For example, while the IDEA, Section 504, and the ADA apply to schools from preschool through 12th grade, only Section 504 and the ADA apply to institutions of higher R48068 September 26, 2025 Abigail A. Graber Legislative Attorney Kyrie E. Dragoo Analyst in Education Policy education. Application of the IDEA, Section 504, and the ADA to students with disabilities is also determined by each law’s (1) definition of “disability”; (2) mechanisms to determine whether a student has a qualifying disability; (3) required services, aids, and accommodations; (4) prohibited conduct; and (5) enforcement mechanisms and available remedies. Individuals with Disabilities Education Act (IDEA) The IDEA, as amended, authorizes federal grants to states to support the education of children with disabilities. As a condition of receiving IDEA funds, the act requires states to implement a range of services and procedural protections for students with disabilities. For example, state educational agencies (SEAs) and local educational agencies (LEAs) must (1) identify, locate, and evaluate all children residing in their jurisdictions who may have qualifying disabilities to determine which children are eligible for special education and related services; (2) convene a team, which includes the parents of each eligible child with a disability, to develop an individualized education program (IEP) spelling out the specific special education and related services to be provided to that child to ensure a free appropriate public education (FAPE); and (3) implement procedural safeguards for children with disabilities and their parents, including a right to an administrative hearing to challenge eligibility determinations and educational placements, with the ability to appeal the ruling to federal court. Of the three legal frameworks discussed in this report, only the IDEA focuses squarely on education and only the IDEA funds services for children with disabilities. Section 504 of the Rehabilitation Act of 1973 (Section 504) Section 504 is an antidiscrimination provision in a broader federal law providing rehabilitation services to people with disabilities. Section 504 protects individuals from disability discrimination in programs and activities that receive federal financial assistance (as well as in federal executive branch programs) . As Section 504 is linked to federal funding, it applies to all public elementary and secondary schools, as well as some private ones, and most colleges and universities. While Section 504 summarily describes covered entities’ obligations, the U.S. Department of Education’s (ED) implementing regulations are more extensive. ED’s implementing regulations and caselaw interpreting Section 504 require covered schools to ensure that students with disabilities are not excluded, denied services, segregated, or otherwise treated differently because of their disabilities, unless a school can demonstrate that accommodating a disabled student would fundamentally alter the nature of the school’s program or ca

FAQs

How do IDEA, Section 504, and the ADA differ in their coverage of students with disabilities?

They overlap but differ in which students they cover and the rights and services they provide. For instance, IDEA applies from preschool through 12th grade, while Section 504 and the ADA also apply to institutions of higher education.

What key steps does the IDEA require states to take when a student may have a qualifying disability?

States must identify, locate, and evaluate children who may have qualifying disabilities; convene a team including parents to develop an individualized education program (IEP) with specific services ensuring free appropriate public education (FAPE); and provide procedural safeguards, including an administrative hearing and appeal to federal court.

What protections do Section 504 and the ADA provide in educational settings?

Section 504 protects individuals from disability discrimination in programs and activities receiving federal financial assistance, requiring schools to ensure students are not excluded, denied services, segregated, or treated differently due to disability, unless fundamental alteration or undue financial burden is shown. The ADA similarly protects against discrimination across public and private contexts and education applies broadly, with courts generally interpreting ADA substantive protections similarly to Section 504.

Oct 15, 2026

Uploaded by Kyle