Q: Who may be protected under Section 504, but not under IDEA? A student with AIDS? A student with ADD? A student with chronic asthma?

A: Section 504 is a civil rights law. Section 504 protects individuals with disabilities from discrimination. Section 504 ensures that children with disabilities have equal access to an education.

All three students would be protected from discrimination under Section 504. Each of these students may also be eligible for special education and related services under IDEA.

Eligibility for special education and related services under IDEA (and eligibility for protection from discrimination under Section 504) is not disability-specific. This means that one child who has ADD or asthma or AIDS is eligible for special education services under IDEA (which always makes a child eligible under 504) while another child who has ADD or asthma or AIDS is not eligible for services under IDEA, but may be protected from discrimination under Section 504.

These decisions are specific to each child.

If the child has a disability that adversely affects educational performance, the child is eligible for special education services under IDEA. Children who eligible for special education services under IDEA are protected under Section 504 (but the converse is not true).

If the child has a disability that does not adversely affect educational performance, then the child will not be eligible for special education services under IDEA but will usually be entitled to protections under Section 504.

Read the definition of "child with a disability" (page 25, Wrightslaw: Special Education Law).

You will find more information about Section 504 and the relationship between IDEA and 504 in Wrightslaw: Special Education Law. This book includes the full text of both statutes with commentary, and the implementing regulations for both laws.