POLICY LETTER: July 12, 2002 to U.S. Senator Mary L. Landrieu

Dated July 12, 2002Honorable Mary L. LandrieuUnited States SenateWashington, D.C. 20510Dear Senator Landrieu:Your letter to Secretary of Education Rod Paige has been referred to the Department of Education's Office for Civil Rights (OCR) for response. Also attached to your letter was an inquiry you had received from your constituent, Ms. Betty W. Wall, Section 504/Dyslexia Coordinator for the Lincoln Parish School Board in Ruston, Louisiana. We note that the OCR Dallas field office previously responded to a similar inquiry from Ms. Wall, and a copy of that response is enclosed for your information.Among the statutes that OCR enforces are Section 504 of the Rehabilitation Act of 1973 (Section 504) and its implementing regulation at 34 C.F.R. Part 104 and Title II of the Americans with Disabilities Act of 1990 (Title II) and its implementing regulation at 28 C.F.R. Part 35. Section 504 prohibits discrimination on the basis of disability in programs and activities receiving Federal financial assistance. Title II prohibits discrimination on the basis of disability by public entities, regardless of receipt of Federal funds. Title II generally contains the same requirements as those in Section 504. Another Federal law that is also relevant to the education of disabled students that is administered by the Office of Special Education and Rehabilitative Services is the Individuals with Disabilities Education Act (IDEA). IDEA is a formula grant program that provides Federal financial assistance to states, and through them to local school districts, to assist in providing special education and related services to students with disabilities eligible to receive services under IDEA. While Section 504 and IDEA contain some similar protections for students with disabilities, they are different laws with different compliance standards.Your letter and that of your constituent raise concerns about children qualifying for services under Section 504 who have been found ineligible for services under IDEA. We would like to emphasize that the vast majority of students with disabilities are those students with disabilities served under the IDEA. Students eligible for services under IDEA are also protected by Section 504. However, while Section 504 and IDEA are similar in many respects, are not coextensive. Thus, if a student is not eligible for services under the IDEA because the student has not been found eligible for special education as defined by IDEA, the student still may be protected by Section 504 if the student has a physical or mental impairment th/s/Gerald A. ReynoldsAssistant Secretary for Civil Rightscc: Taylor D. August, Director OCR Dallas Enforcement OfficePage - PAGE 2