Every student should have equal access to education, regardless of disability. In the United States, two important federal laws—Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA)—protect students with disabilities from discrimination and promote inclusive educational opportunities.
Parents, educators, and students often face challenges when trying to understand how these laws work together. The Law Office of Nigel M. Atwell in Washington, DC, can break down these laws, explore how they impact students’ rights in educational settings, and highlight what legal protections are available if those rights are violated.
What Is Section 504?
Section 504 is a civil rights law that prohibits discrimination based on disability in programs and activities that receive federal financial assistance. That includes nearly all public schools, most colleges and universities, and some private schools.
Unlike special education law under the Individuals with Disabilities Education Act (IDEA), which has strict eligibility rules, Section 504 offers broader protections. If a student has a physical or mental impairment that substantially limits one or more major life activities, they may be eligible for accommodations under this law. Here are the key features of Section 504 protection:
Broad definition of disability: Section 504 covers any student with a physical or mental impairment that limits major life activities such as learning, walking, seeing, hearing, or concentrating.
Accommodations, not modifications: Schools must provide necessary accommodations so students can access learning opportunities. These might include extra time on tests, preferential seating, or assistive technology.
Formalized 504 Plans: If eligible, the school works with the family to develop a 504 Plan that outlines specific accommodations to support the student’s access to education.
Anti-discrimination focus: The goal is to prevent schools from discriminating against students with disabilities or denying them equal access to programs and activities.
While Section 504 lays the foundation for many students’ rights, the ADA expands protections even further, especially for those in private schools or post-secondary institutions. Let’s look at how the ADA comes into play.
How the Americans with Disabilities Act (ADA) Applies to Education
The ADA is another civil rights law that prohibits discrimination based on disability, but it casts a wider net. It applies to public and private institutions regardless of whether they receive federal funds, which makes it an essential safeguard in more settings than Section 504 alone.
In education, the ADA applies to K-12 public schools, private schools, and colleges. It reinforces many of the protections found in Section 504 and adds its own requirements related to building access, program availability, and equal participation in extracurricular activities. Students benefit from these core ADA protections:
Equal access across environments: The ADA applies to everything from academics and extracurriculars to campus facilities and transportation services.
Coverage beyond schools: The law protects students in internships, job training programs, and after-school activities affiliated with their education.
Extended rights into adulthood: College students and adult learners also benefit from ADA protections, making it especially important for post-secondary institutions to provide equal access.
Accessibility of physical space: Schools must make facilities accessible, which can include ramps, elevators, or accessible restrooms. If they don't, students can make a case with a disability attorney.
Now that we've outlined how both Section 504 and the ADA protect students, let’s compare the two to understand when each law applies and what sets them apart.
What’s the Difference Between Section 504 and ADA?
At first glance, Section 504 and the ADA appear to do the same job—protect students with disabilities from unfair treatment. But the differences between them can affect which rights apply and how families go about asserting those rights in various situations. The key differences between Section 504 and the ADA include the following:
Funding requirements: Section 504 only applies to schools receiving federal funding. The ADA applies regardless of federal funds.
Enforcement agencies: Section 504 complaints are handled by the Office for Civil Rights (OCR) within the U.S. Department of Education. ADA complaints may go through the OCR or the U.S. Department of Justice.
Scope of protection: ADA extends protections to more settings, including private schools and programs outside the school system that serve students.
Structural changes: The ADA specifically addresses building access and requires schools to make reasonable modifications to physical spaces, while Section 504 focuses more on programmatic access.
Understanding how the laws differ helps parents advocate effectively. But it's also important to know how schools are expected to comply when these laws are in play.
How Schools Must Comply with Section 504 and the ADA
Both laws put responsibility on schools to identify students with disabilities, provide accommodations, and create inclusive learning environments. When schools fail to act, they may violate a student’s rights and open themselves up to pushback from parents with the help of a disability attorney. To stay in line with federal law, schools must follow these basic steps:
Evaluate students properly: Schools must evaluate any student suspected of having a disability that limits a major life activity. This may involve reviewing medical records, teacher observations, and academic performance.
Develop individualized plans: If the student qualifies, the school must work with families to create a formal 504 Plan outlining the student’s specific needs and the accommodations required.
Train staff and teachers: Educators must understand and apply the accommodations described in the student’s plan.
Review and update plans regularly: 504 Plans should be reviewed periodically to adjust for changes in the student’s needs or educational setting.
Maintain accessible learning environments: Both physical accessibility and curriculum access are critical under the ADA, and schools must make reasonable modifications when needed.
Once a plan is in place, students begin receiving support and accommodations tailored to their needs. Let’s explore what those might look like.
Accommodations Students Might Receive Under Section 504 or the ADA
Accommodations under these laws aren’t one-size-fits-all. They’re meant to address a student’s unique challenges without altering the core content of their education. The goal is equal access—not preferential treatment. Here are some common accommodations available to students:
Instructional supports: This might include note-taking assistance, audio versions of textbooks, or one-on-one tutoring.
Testing accommodations: Extra time, quiet rooms, or breaks during exams can level the playing field.
Environmental adjustments: Preferential seating, reduced distractions, or modified lighting can help students stay focused.
Behavioral supports: Schools might provide counseling services, behavioral intervention plans, or social skills training.
Physical access: Accessible transportation, elevators, or ramps are necessary for students with mobility issues.
Unfortunately, even with legal protections in place, schools don’t always follow through. When that happens, families need to know what steps they can take next.
What Parents and Students Can Do When Rights Are Violated
If a school delays support, denies services, or retaliates against a student who requests accommodations, it’s more than unfair—it may be illegal. Federal law gives parents and students several ways to respond when rights are violated. These are common actions families can take:
Request a formal meeting: Start by asking the school to meet and review the current 504 Plan or accommodation needs.
Submit a written complaint: Families can file complaints with the Office for Civil Rights (OCR) or the Department of Justice (DOJ), depending on the law involved.
Request a due process hearing: In some cases, a hearing may be needed to resolve disagreements between families and the school.
Seek support from an attorney: A disability attorney can help families understand their rights and represent them in disputes.
Use mediation when available: Some school districts offer voluntary mediation programs that help resolve issues without going to court.
Working with an attorney can make a big difference in how effectively a family can push back against discrimination. Let’s take a closer look at how legal support can help.
How a Disability Attorney Can Help
Many families feel overwhelmed when trying to deal with school administrators who don’t respect their child’s rights. That’s when having an attorney on your side can change the conversation and provide meaningful support. Here’s how a disability attorney can assist in disability-related education disputes:
Review 504 Plans or documentation: An attorney can help identify gaps or problems in how the school is handling a student's needs.
Communicate with schools: Sometimes having an attorney contact the school leads to quicker resolution and better cooperation.
Prepare legal filings: If a complaint, hearing, or lawsuit is necessary, an attorney knows how to prepare the strongest possible case.
Interpret legal protections: Parents don't need to guess which law applies to their child. A disability attorney can clarify the laws and develop a plan for moving forward.
Students with disabilities don’t just need support in elementary and high school. Their rights follow them into college, where the rules and expectations shift.
Rights That Carry Over from K-12 to College
Transitioning to college or vocational school brings new freedoms—and new responsibilities. The ADA and Section 504 still apply, but students now have to take the lead in requesting accommodations and advocating for their own needs. Students and families should keep the following in mind during this transition:
Proactive disclosure is required: Colleges aren't required to identify students who need help. Students must self-identify and provide documentation.
Different types of plans: IEPs from high school don't carry over, but students can still receive reasonable accommodations.
Office of disability services: Most colleges have dedicated offices where students can submit documentation and request services.
Independent living skills matter: College students are expected to manage schedules, medications, and services on their own, making preparation important.
Legal rights still apply: If a college denies access or discriminates, students can still file complaints under Section 504 or the ADA.
By taking these factors into consideration, students with disabilities can move forward into higher education with confidence.
Contact Us Today
Understanding how Section 504 and the ADA protect students’ rights is key to building strong, accessible educational environments. A disability attorney from our firm in Washington, DC, can help you take the next step forward with clarity and confidence. Call The Law Office of Nigel M. Atwell today to schedule a free 15-minute consultation.
