Disabilities, of Students

Charles J. Russo

The educational rights of students with disabilities are governed primarily by two federal statutes: Section 504 of the Rehabilitation Act (Section 504) (29 USCA § 794(a)) and the Individuals With Disabilities Education Act (IDEA) (20 USCA §§ 1400 et seq.). Prior to the enactment of these laws, many states overlooked the educational needs of children with disabilities. Section 504 declares that “[n]o otherwise qualified individual with a disability in the United States … shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving [f]ederal financial assistance.” Section 504 differs from the IDEA in six major ways. First, while Section 504 applies to school systems that receive federal financial assistance, whether, for example, in the form of money, books, or free lunches, they do not receive additional funds under its ...

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