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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
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
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  Data: The Rights of Students with Disabilities under the IDEA, Section 504, and the ADA. CRS Report R48068, Version 6. Updated
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  Data: 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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RecordInfo BibRecord:
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    Languages:
      – Text: English
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      Pagination:
        PageCount: 50
    Subjects:
      – SubjectFull: Student Rights
        Type: general
      – SubjectFull: Equal Education
        Type: general
      – SubjectFull: Elementary Secondary Education
        Type: general
      – SubjectFull: Preschool Education
        Type: general
      – SubjectFull: Public Education
        Type: general
      – SubjectFull: Federal Legislation
        Type: general
      – SubjectFull: Students with Disabilities
        Type: general
      – SubjectFull: Educational Legislation
        Type: general
      – SubjectFull: Civil Rights Legislation
        Type: general
      – SubjectFull: Definitions
        Type: general
      – SubjectFull: Disability Identification
        Type: general
      – SubjectFull: Postsecondary Education
        Type: general
      – SubjectFull: Student Placement
        Type: general
      – SubjectFull: Academic Accommodations (Disabilities)
        Type: general
      – SubjectFull: Accessibility (for Disabled)
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      – SubjectFull: Services
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      – SubjectFull: Educational Environment
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      – SubjectFull: School Safety
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      – SubjectFull: Law Enforcement
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      – SubjectFull: Individuals with Disabilities Education Act
        Type: general
      – SubjectFull: Rehabilitation Act 1973 (Section 504)
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      – SubjectFull: Americans with Disabilities Act 1990
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      – TitleFull: The Rights of Students with Disabilities under the IDEA, Section 504, and the ADA. CRS Report R48068, Version 6. Updated
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