Help! Quick! Difference between IEP & 504? Meeting Fri.

I waanted to let you know I am here tonight. I will go and see if I can find some specifics on the deifference for you.

This is what I know off the top of my head.

My son has an IEP. It was originally for speech and language, we are adding the adhd at our annual meeting. In order to add this I had to have his doctor fill out a form. Some schools don’t want to do IEPs for adhd, and may tell you it isn’t a qualifying disability. It is, under other health impairment, but it has to be affecting his schooling in some significant way.
IEPS have more power if there are problems with enforcing it. You can call an emergency IEP team meeting, and there are provisions for due process and mediation hearings built into the system.

504 plans overlap IEPs in some ways. I think they may be easier to get and they don’t have the procedures as set in place if the 504 plan is not followed through on by the school.

I will be back with more details asap.

Molly

This is what I am reading right now.

http://www.spedalliance.com/comparative_analysis.htm

I think this is significant, especially the second paragraph:

(IDEA means IEP)

IDEA requires that the child, to the maximum extent appropriate, be educated with children who do not have disabilities and that the child be removed from regular education only if and to the extent that even with the provision of supplementary aids and services, the child cannot be educated satisfactorily in regular education.

It also requires that the child be educated in the class he or she would have been but for the disability, unless the IEP requires otherwise and that, in any event, the child be educated as close to home as possible.

IDEA also requires that the child have access to the general curriculum.

Here is another comparison of 504’s and IEP’s:
www.ldonline.org/ld_indepth/legal_legislative/edlaw504.html

The biggest differences that I know of in the simplest terms:

IEP’s are federally funded, 504’s aren’t, so don’t expect to get big ticket items- or even items that cost anything in some districts.

Since IEP’s are funded, a district has more to loose if they don’t follow them….$$$$$

Not all kids that qualify for a 504 will qualify for an IEP, and how that is determined often varies from state to state and district to district, however, most often a child will have to have some significant clear impact on learning due to their ADHD to get an IEP. It’s a little easier now than when we started this process with my dd. ADHD’er can qualify under Other Health Impaired. Read the Board of Ed. Memo for info on this: http://add.org/content/legal/memo.htm

An IEP map out the problem, provide specific interventions and goals. A 504 will simply map out a problem and interventions that can take place in the classroom, and other supportive efforts like extended test time, extra books at home, tests to be read to the student, etc. 504’s do not set goals, or measurement for goals. Also, 504’s do not need to be reevaluated as often as IEP’s. Here’s just one link with suggestions:
http://add.org/content/school/list.htm
and here is a link on educational interventions for ADHD behaviors:
http://add.org/content/treatment/strategy.htm

Good luck

Hooray! I’m glad you’re out there tonight.

I’ll click on the links everyone has posted and see what they have to say. I’d like to think I’m an intelligent woman, but the Wright’s Law site is just too hard for me to understand. And when I went to my state’s department of ed site and my school district’s site, they weren’t any help at all. The state’s site has legal stuff and the school district’s site pretty much ignores everything and says fluffy stuff.

Here’s a little more info that I found tonight:

Q. What is the difference between an IEP and Section 504?
A. An IEP is normally considered to be implemented for children with disabilities and schools are provided federal funds to implement IEPs for children. Section 504 is governed by the Office of Civil Rights and schools are obligated to carry out sanctions under this statute at their own expense. The general difference between the IEP and Section 504 is that the objective to Section 504 is to remove barriers that could stop a student from success, whereas, the IEP is to set up special accommodations for students in need. The eligibility requirements for an IEP are much more stringent than those of Section 504. If a child is found ineligible for special services and accommodations under IDEA, they may still qualify for services under Section 504.
From: http://add.miningco.com/cs/education/f/education4_p.htm

Since ADHD alone doesn’t qualify the child and the disability must be having an affect on his education, it looks to me like we would qualify. Obviously, the ADHD is keeping him from getting assignments finished and turned in. His grades this semester compared to last semester make it clear that the ADHD is causing a problem.

Sounds like many schools don’t understand the difference between IEP and 504 either! Here is a site with some interesting articles written by an attorney. http://www.reedmartin.com. Aricles such as, “HAS YOUR SCHOOL EVER SAID THAT YOUR CHILD IS “MERELY 504” MEANING THEY ARE NOT GOING TO GET AS MUCH AS STUDENTS ELIGIBLE UNDER THE IDEA?”

Another article on his site is really helpful. It explains the differences in IEP and 504 and how they work together. It also explains how school officials often don’t understand them. It is at: http://www.reedmartin.com/section504andspecialeducation.htm

We saw a new therapist yesterday and my son got along with him better than the woman we used to see (the one that would go into a high-pitched baby voice and talk down to him). I told this new guy how the adminstrator woman said my son must be lazy and he cringed. And I told him how most of their complaints are textbook ADHD problems. He was stunned when I told him how the Latin teacher yelled at my son in front of his entire class to ask if he had taken his medication, and how the school nurse wanted to keep extra Concerta in his office in case he forgot his meds (and I refused, telling the nurse that I wasn’t going to risk him getting an overdose since they obviously can’t tell the difference between a child who’s excited to see his friends in the morning vs. being unmedicated).

Thanks for the support! I’m ready to go to this meeting with my dad (level-headed, master’s degree, 34 years as a teacher), my tape recorder, ready to listen and ask questions but NOT SIGN anything.

I’ll keep my temper under control so I don’t end up being whiney or rude. I promise! And I’ll check this message board again a few times before I go, just in case there’s more great info!

I really appreciate all of the help on this site!

now I am here:
http://www.ldonline.org/ld_indepth/legal_legislative/edlaw504.html

This seems to say that for what you are trying to accomplish right now, keeping him in the program, a 504 is all you need

“A few points need to be highlighted. Since Section 504 is a non-discrimination law, any analysis of an appropriate education for a student with disabilities needs to include the educational opportunities provided to students who are not disabled. This is because an appropriate education is one which meets the needs of a student with disabilities as adequately as the needs of students without disabilities. Unlike IDEA - which focuses on the unique educational needs of the student - Section 504 looks at comparing the education of students with and without disabilities.

The United States Supreme Court underlined this point in the case Southeastern Community College v. Davis, 442 U.S. 397 (1979), when it held that an otherwise qualified individual with a disability under Section 504 is one who, with reasonable modifications, is able to meet all of the program’s requirements in spite of his or her disability. The Court stated that Section 504 does not impose an affirmative action obligation upon entities covered since its intent is non-discrimination.”

Which basically seems to say that a disabled student is entitled to any opportunites given to nondisabled students, as long as the disabled student is able to meet all of the programs requirements, WITH REASONABLE MODIFICATIONS. If denied these opportunites it is discrimination.

So, if you want services from the school, you probably need an IEP.

If all you need are “reasonable modifications” (ie help with organization, a safety net for late and not turned in homework etc) and a heads up to the school that they would be violating the the Rehabilitation Act of 1973, and could lose their federal funding. That’s a pretty big gun to wave in their face, especially since all you asking in that your son stay where he is, and that the teacher supports you as you work on his organization/motivation issues.

So I think I would stick with the 504 for now. It seems to cover everything you really need. You can always request an IEP evaluation later.

Molly

List of common 504 accomodations:

Modify assignments, and tests.
Provide an extra set of textbooks for home.
Adjust student seating.
Use study guides, organizing tools.
Provide a peer tutor/helper.
Counseling.
Have the student use an organizer-train in organizational skills.
Preferential seating.
Modify recess/PE/transportation.

This is just in case it goes badly tomorrow
If so, and they still want to remove him from the program, tell the 504 coordinator at the meeting that you want to file a grievance and that you will be contacting the Office for Civil Rights.

This should probably be a last resort, only to be used if nothing else will work.

WHAT ARE THE ROLES AND RESPONSIBILITIES OF THE DEPARTMENT OF EDUCATION AND THE OFFICE FOR CIVIL RIGHTS?
The U.S. Department of Education is the agency of the U.S. Government that administers federal funds for education programs, conducts and disseminates education research, focuses national attention on issues and problems in education, enforces federal statutes prohibiting discrimination in any activities receiving federal funds, and ensures equal access to education for every individual.

The U.S. Department of Education maintains Regional Civil Rights Offices to enforce Section 504 and other civil rights laws. All parents have the right to directly contact the Office for Civil Rights in their region if they believe their child is being discriminated against based upon their disability. Most differences with schools can be resolved before contacting the Office for Civil Rights. It is suggested you follow the procedures outlined below:

First try to resolve your differences at the teacher or school level. Set up a meeting to discuss your differences.

If unsuccessful, set up a meeting with the school district’s Section 504 Coordinator.

If unsuccessful, call the Parent Center in your state for guidance.

In unsuccessful, ask for mediation. This is a free service for parents. A neutral individual will work with you and the school to help resolve your differences.

If unsuccessful, ask the Section 504 Coordinator how to file a grievance.

If unsuccessful, call the Office for Civil Rights in your region to express your concerns.

I think it sounds like you’re ready. Just don’t sign anything! :)

Come back here after the meeting and let me know how it went. I will be here Friday afternoon/evening/night. I am going out of town on Saturday thru Sunday night, but there are always good people here.

Good luck. I will be sending you positive thoughts tomorrow. You can do the same for me next Wednesday when I have my son’s IEP.

Molly