This paper examines the overlapping and distinct features of three major U.S. disability laws: the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA). It compares their scope, definitions of disability, and applicability to public and private schools. The paper also highlights two notable legal issues — a Michigan peanut allergy lawsuit and the exclusion of private schools from IDEA protections — to illustrate how these laws function in practice. The conclusion calls for ongoing refinement of disability definitions and broader application of IDEA standards.
This paper addresses two main questions concerning disability law and its application in educational settings. The first broad question relates to how IDEA, IDEIA, Section 504, and the ADA overlap to a significant degree. Because Section 504 and the ADA often receive less attention than IDEA, this paper highlights aspects of those two laws that are particularly significant by comparison. Second, two significant issues related to case law and court proceedings are described, centering on the question of which students are protected. Concerns about placement, planning, evaluations, litigation, and regulatory enforcement all arise in this context. While the enforcement of disability-related laws may seem straightforward, there are perceived gray areas that require clarity when they arise in practice.
Section 504 is part of the broader Rehabilitation Act of 1973. It is an anti-discrimination and civil rights statute that requires the needs of students with disabilities to be met at the same overall level as those of students without disabilities. In short, outcomes for non-disabled students should not be disparately better than those for disabled students. A disability as defined by this section is one of three things: first, a mental or physical impairment that limits one or more major life activities; second, a prior record of such a disability; or third, being regarded as having such an impairment. Section 504 specifically pertains to students (Durheim, 2015).
The ADA is similar to Section 504 but is much broader in scope, as it is not limited to schools. The ADA prohibits discrimination and ensures equal opportunity for persons with disabilities in employment, state and local government services, public accommodations, commercial facilities, and transportation (ADA, 2015). There was a notable update to the law in 2010, signed by then-Attorney General Eric Holder, which related primarily to accessible design (ADA, 2015).
IDEA is more closely comparable to Section 504 in that it specifically pertains to disabled students. However, IDEA goes further by protecting and supporting children from birth, as stated on the ed.gov website (IDEA, 2015).
"Peanut allergy lawsuit and private school exclusion"
A second legal issue highlights an important distinction among the disability laws. While the ADA and Section 504 of the Rehabilitation Act apply to both private and public schools, the IDEA framework applies only to public schools. Private schools are not held to IDEA standards (OLS, 2015). This creates a meaningful gap in protections depending on where a student is enrolled.
The foregoing analysis demonstrates that there is a robust framework of anti-discrimination laws as they pertain to people with disabilities, with students as a primary focus across all three laws covered in this paper. However, the definition of disability has continued to change in recent years — even alcoholism has entered the discussion, despite its origins in voluntary behavior. It would benefit lawmakers and the medical community, both physical and mental health professionals, to collaborate on improving and refining these definitions. The exclusion of private schools from the IDEA framework is one area that particularly warrants legislative attention.
ADA. (2015). 2010 ADA regulations. ADA.gov. Retrieved 1 November 2015, from http://www.ada.gov/2010_regs.htm
A-Data. (2015). Peanut allergy at center of federal civil rights lawsuit for Michigan elementary student. ADA National Network. Adata.org. Retrieved 1 November 2015, from
Durheim, M. (2015). A parent's guide to Section 504 in public schools. GreatKids. Retrieved 1 November 2015, from http://www.greatschools.org/gk/articles/section-504-2/
IDEA. (2015). IDEA — Building the legacy of IDEA 2004. Idea.ed.gov. Retrieved 1 November 2015, from http://idea.ed.gov/
OLS. (2015). Section 504 & disability discrimination in schools. Ohiolegalservices.org. Retrieved 1 November 2015, from http://www.ohiolegalservices.org/public/legal_problem/students-schools/education-accommodation-for-disabilities/qandact_view
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