Differences between the Rehabilitation Act and Individuals with Disabilities Education Act
The Rehabilitation Act of 1973 and the Individuals with Disabilities Education Act (IDEA) of 2004 ensure that individuals with disabilities do not face discrimination in the workplace, at school, in public, and more. Although the IDEA and Section 504 of the Rehabilitation Act both apply to education and people with disabilities, they are not identical; they are different.
The two Acts differ in their purpose, responsibility, applicability, and longevity. Section 504 of the Rehabilitation Act is a civil-rights-centric statute forbidding disability discrimination in tasks and programs, which receive monetary aid from the federal government. Conversely, the IDEA is an education-based statute enabling state and municipal governments to receive monetary aid from the federal government to ensure that qualifying disabled children receive the proper special education and other services they need to successfully learn in the appropriate school environment. Moreover, the Rehabilitation Act targets multiple stages and parts of disabled people’s lives, including preschool, grade school, work, public accessibility, personal wellness, and more; the IDEA does not. The IDEA strictly covers education and disabled children. Regarding money to fund assistance, support, and accommodations to individuals with disabilities, under the Rehabilitation Act, state and municipal governments are responsible for funding said assistance, support, and accommodations; conversely, under the IDEA, the federal government gives money to state and municipal governments so that they can abide by IDEA mandates and help children with disabilities.
In addition, the Rehabilitation Act applies to individuals with physical and/or mental disabilities that significantly restrict their ability to engage in everyday tasks – such as the ability to walk, see, hear, speak, breathe, learn, work, groom themselves, and/or do physical jobs. However, the IDEA is aimed at children between the ages of three and 21, and a group of interdisciplinary experts decide whether said children meet the criteria of at least one of the thirteen disability types and thus qualify for special education and other services. These thirteen disability types consist of Autism Spectrum Disorder, Attention Deficit Hyperactivity Disorder, traumatic brain injury, vision impairment, hearing impairment, speech impairment, mental impairment, and more.
Moreover, unlike the IDEA, the Rehabilitation Act does not stipulate that schools must map out written education strategies for disabled children and does not offer as many protections and due process guidelines for parents and their children as the IDEA does. Thus, the Rehabilitation Act does not give parents of disabled children many rights. For example, under the Rehabilitation Act, schools are not required to meet with parents of disabled children when a child’s education strategy is being implemented; schools are required to only inform the parents that their child’s education strategy was implemented. Conversely, the IDEA dictates that parents, school administrators, teachers, and experts work together to map out a detailed and appropriate Individualized Education Program (IEP) for individual children with disabilities to ensure that each disabled child receives all the services he or she needs to successfully learn in the appropriate education environment, as there is no one-size-fits-all approach regarding disabled children.
Furthermore, when children with disabilities exit the public-school network, the Rehabilitation Act still applies to them, but the IDEA does not. When children with disabilities become high school graduates and/or are older than 21, their rights under the IDEA cease; they do not retain their IDEA rights at college or work. However, they do retain their rights under the Rehabilitation Act when they go to college or enter the workforce. Nevertheless, once disabled children exit the public-school network, neither the Rehabilitation Act nor the IDEA gives their parents any rights.
If you feel that your child’s rights, as outlined in the Rehabilitation Act of 1973, Handicapped Children’s Protection Act of 1986, Americans with Disabilities Act of 1990, Individuals with Disabilities Education Act of 2004, and other laws, are being ignored, incorrectly applied, or outright violated, there may be legal remedies available to you. If you have questions about America’s disability, education, and related laws, talk to a lawyer. For more information and to have your questions answered, contact Nashville Disability and Education Attorney Perry A. Craft.
Perry A. Craft has dedicated his life to helping people in need. He has tried, settled, or resolved numerous civil and criminal cases in State and Federal courts, and has represented teachers and administrators before school boards, administrative judges, and the state Board of Education. Learn more about Attorney Craft.