Jeff will present on the “Differences and Commonalities of the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act” with Tara L. Moffett, Esq.
Public school districts must comply with these two federal statutes which govern the provision of instruction, services and accommodations to students with disabilities. At first blush the rules and processes under these statutes seem similar, if not nearly identical. But a closer look reveals a number of significant distinctions which public school personnel must fully understand in order to comply with these legal mandates. This program will address the key differences between these two processes including, among other things: (a) their different eligibility and classification standards, including how to determine which process is appropriate in certain circumstances; (b) which services and accommodations are permissible under each process; (c) how their procedural rules and timelines differ; (d) their distinctive referral and evaluation processes; (e) the extent to which students under both processes are entitled to additional rights with respect to the student-discipline process, local diploma safety-net entitlements, post-declassification rights and anti-discrimination protections; and (f) how public school personnel must apply these two different sets of rules when students with disabilities attend non-public schools.