The Rights of Students with Disabilities under the IDEA, Section 504, and the ADA. CRS Report R48068, Version 6. Updated
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| Title: | The Rights of Students with Disabilities under the IDEA, Section 504, and the ADA. CRS Report R48068, Version 6. Updated |
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| Language: | English |
| Authors: | Abigail A. Graber, Kyrie E. Dragoo, Library of Congress, Congressional Research Service (CRS) |
| Source: | Congressional Research Service. 2026. |
| Availability: | Congressional Research Service. Web site: https://crsreports.congress.gov/ |
| Peer Reviewed: | N |
| Page Count: | 50 |
| Publication Date: | 2026 |
| Intended Audience: | Policymakers |
| Document Type: | Reports - Descriptive |
| Education Level: | Elementary Secondary Education Early Childhood Education Preschool Education Postsecondary Education |
| Descriptors: | Student Rights, Equal Education, Elementary Secondary Education, Preschool Education, Public Education, Federal Legislation, Students with Disabilities, Educational Legislation, Civil Rights Legislation, Definitions, Disability Identification, Postsecondary Education, Student Placement, Academic Accommodations (Disabilities), Accessibility (for Disabled), Services, Educational Environment, School Safety, Law Enforcement |
| Laws, Policies and Program Identifiers: | Individuals with Disabilities Education Act, Rehabilitation Act 1973 (Section 504), Americans with Disabilities Act 1990 |
| Abstract: | 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. Times of transition--when a student moves to a new school district or state, or from preschool to kindergarten, elementary to middle school, middle to high school, or high school to postsecondary education--may result in changes to which law applies, what the law requires, and what services the student needs. Moving from the services provided in the preschool through 12th grade (P-12) public education system to those available at a college or university can be a particularly significant transition. 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).4 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. |
| Abstractor: | ERIC |
| Entry Date: | 2026 |
| Accession Number: | ED678590 |
| Database: | ERIC |
| Abstract: | 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. Times of transition--when a student moves to a new school district or state, or from preschool to kindergarten, elementary to middle school, middle to high school, or high school to postsecondary education--may result in changes to which law applies, what the law requires, and what services the student needs. Moving from the services provided in the preschool through 12th grade (P-12) public education system to those available at a college or university can be a particularly significant transition. 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).4 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. |
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