ADA, Section 504, and IDEA: how the three laws differ for therapy
The Department of Education’s Office for Civil Rights (OCR) describes Section 504 and the ADA as anti-discrimination laws that provide no funding, and IDEA as a grant statute that funds special education. ADA.gov’s guide describes each law separately. Both say a student can be covered by Section 504 without qualifying under IDEA, and OCR says an IEP is one way to meet Section 504. This page quotes those comparisons; it does not build its own table of the three laws.
Quoted from official pages checked November 10, 2026. Confirm current requirements, fees, and dates on those sites. This page is not legal advice and does not guarantee eligibility, certification, or licensure.
Sources read on November 10, 2026: the Department of Justice’s Guide to Disability Rights Laws on ADA.gov (last updated February 28, 2020); the Department of Education’s Section 504 and FAPE FAQ (page last reviewed June 30, 2025), section ‘Interrelationship of IDEA and Section 504’; and the Department of Education’s special education and rehabilitative services FAQ. The older OCR resource guide linked from Section 504 plans is not quoted here.
Funding law vs anti-discrimination laws
OCR’s FAQ states: “The Office of Special Education and Rehabilitative Services (OSERS), also a component of the U.S. Department of Education, administers the Individuals with Disabilities Education Act (IDEA), a statute which funds special education programs.” It continues: “IDEA is a grant statute and attaches many specific conditions to the receipt of Federal IDEA funds. Section 504 and the ADA are anti-discrimination laws and do not provide any type of funding.”
On who enforces what, it states that OCR “enforces Section 504 of the Rehabilitation Act of 1973, as amended, (Section 504) a civil rights statute which prohibits discrimination against individuals with disabilities.” It adds that OCR “also enforces Title II of the Americans with Disabilities Act of 1990 (Title II), which extends this prohibition against discrimination to the full range of state and local government services, programs, and activities (including public schools) regardless of whether they receive any Federal financial assistance.”
What ADA.gov says about each law
ADA. “The ADA prohibits discrimination on the basis of disability in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.” Title II “covers all activities of State and local governments regardless of the government entity’s size or receipt of Federal funding.” Title III’s list of public accommodations includes “private schools” and “doctors’ offices”.
Section 504. ADA.gov states that Section 504 applies to “any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service.” It adds: “Each Federal agency has its own set of section 504 regulations that apply to its own programs.”
IDEA. ADA.gov states that IDEA “requires public schools to make available to all eligible children with disabilities a free appropriate public education in the least restrictive environment appropriate to their individual needs.” And: “IDEA requires public school systems to develop appropriate Individualized Education Programs (IEP’s) for each child.”
A student can be covered by Section 504 without IDEA
The Department of Education’s FAQ for families states: “Your child does not have to qualify under IDEA in order to qualify for FAPE under Section 504.” OCR’s FAQ, asked about a student with a disability referenced in IDEA who does not need special education, answers: “The student may be eligible for services under Section 504.”
When a student is eligible under both
OCR’s FAQ asks whether a district must develop both an IEP and a Section 504 plan, and answers: “No. If a student is eligible under IDEA, he or she must have an IEP. Under the Section 504 regulations, one way to meet Section 504 requirements for a free appropriate public education is to implement an IEP.” On evaluations: “School districts may use the same process to evaluate the needs of students under Section 504 as they use to evaluate the needs of students under the IDEA.”
Where therapy fits
IDEA’s related services in an IEP, including occupational therapy, physical therapy, and speech-language pathology, are on IEPs and IFSPs; Section 504 plans and OCR’s examples of related aids and services are on Section 504 plans; access to medical care and effective communication in clinics under the ADA is on the ADA in therapy settings. Infants and toddlers are served under IDEA Part C; see early intervention.
What this page does not do
It does not say which law covers any particular school, clinic, or student, and does not include caseload or service-time figures. It is not legal, billing, or compliance advice. Confirm current rules with the agency or organization that publishes them, your employer, and your state board.