The Rights of Students with Disabilities under the IDEA, Section 504, and the ADA. CRS Report R48068, Version 2

Several federal laws require schools to provide services and accommodations to students with disabilities and to protect them from discrimination. The application of these laws may change depending on students' circumstances. At the P-12 level, three main federal laws protect the rights of students with disabilities: the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the Americans with Disabilities Act (ADA). For students receiving special education under the IDEA or accommodations and services under Section 504 or the ADA, transitioning from the P-12 public education system to an institution of higher education (IHE) may affect how a school assesses their disabilities, their eligibility for accommodations or services, and the services and accommodations available to them. Students may also experience different treatment in the same educational context depending on which laws apply to them. This report examines the impact of these laws on students with disabilities in certain key respects: (1) how the laws define disability; (2) how the laws require schools to determine eligibility for services and protections; (3) how the laws ensure students with disabilities receive the accommodations and services they need; (4) the scope of legal protection guaranteed to students with disabilities; (5) how families enforce their rights; and (6) the available remedies.