Though not as predominant as the IDEA, both Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) can assist students with disabilities to obtain the assistance they need in school. Section 504 prohibits discrimination on the basis of disability in any program receiving federal funds. The ADA extends Section 504's non-discrimination provision to include public institutions that do not receive federal funds. Two provisions of the ADA directly concern public schools. Title II prohibits discrimination on the basis of disability by state and local governments. Title III bans discrimination on the basis of disability by places of public accommodation.

Section 504 differs from IDEA in several respects. Section 504 defines an "individual with a disability" more broadly. It includes one who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such an impairment. Another difference is that under Section 504 students can be eligible even if they do not need any special education services, but just need modifications to the regular education program. Another difference is schools do not receive federal funds to administer Section 504 as they do for the IDEA.

AT Access Under 504 and ADA

If a school decides that a student with a disability is not eligible for services under the IDEA, it must have a system in place to determine whether the student is covered by Section 504. This evaluation must be individualized and must be conducted by a team that includes the parents. The student's needs and services must be documented in writing and parents who disagree have the right to appeal. In satisfying Section 504's requirement, the school must ensure that all of its programs are accessible to all students. If a student needs an AT device under Section 504, the school may be required to provide training on the device as well as the device. Under Section 504, the school is responsible for repairs and maintenance.

Under the ADA, schools may use AT to accommodate students, parents, and staff so that the school's programs are accessible to them. However, the school is not required to fundamentally alter the nature of the program or activity or to incur unreasonable financial or administrative burdens to achieve ADA compliance. Those with concerns about ADA compliance may contact the Disability Law Center (see Advocacy Assistance) or the United States Attorney's Office.