7.2.2 Section 504 v. IDEA

Both Section 504 and IDEA are laws with the purpose of protecting the rights of students with disabilities in public education systems and schools. However, because Section 504 defines disability much more broadly than IDEA,1  Section 504 protects many students who are not eligible for special education services under the IDEA. In fact, some students who are referred for IDEA evaluations but do not meet the eligibility criteria may still qualify for services under Section 504. Importantly, all students who receive special education services under IDEA are also automatically covered under Section 504. However, not all students who qualify under Section 504 are eligible under the IDEA.

When a student is protected by both the IDEA and Section 504, the student will almost always have an IEP and not a 504 Plan as an IEP can include the accommodations and modifications that a 504 Plan would, plus specialized instruction and other important services and protections.

• 1For the IDEA’s 13 categories of disabilities, see Section 4.2.1.