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IEP vs. 504 Plan

Submitted by an LD OnLine user on

My son has been on a IEP since 1st grade. In January of 2003 of his 4th grade year, he no longer qualified for an IEP because he in now learning within the average range. The reason he is on the 504 plan is that he has a permanent high frequency hearing loss that keeps him in the system so he can still receive help from an LD tutor for processing and reading comprehension. We can still get him back on an IEP if I want to push an ADD issue we recently became aware of. I’ve been told by the school that the services would still be the same under the 504 plan. My question: Is it better for my child in the long run to have an IEP? What are the differences between the two that I should be aware of? :?

Submitted by Janis on Sun, 08/03/2003 - 6:55 PM

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Lori,

First of all, if he has a high frequency hearing loss, perhaps hearing impaired would be the correct category of special education. Second, a 504 guarantees no direct services at all. It normally allows for accommodations. You must have an IEP to have direct services mandated. However, any special education placement usually requires that there is an educational delay or deficit present.

Janis

Submitted by Anonymous on Sun, 08/03/2003 - 10:37 PM

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Hi Lori,

My son also has a 504 plan for a high frequency hearing loss. We’ve never been able to qualify him for an IEP, because he’s done pretty well in school thus far. However, it has taken a great deal of vigilance on my part to ensure that the 504 plan was being followed, so, given the choice, I’d probably opt for the IEP.

504s are okay, but at least in my state (Georgia), the system for tracking 504s is not nearly as efficient as with IEPs. Therefore, I need to meet with my child’s school at a minimum each spring and fall, and check up on them regularly.

I need to remind the school at least every semester that my son requires preferential seating in every class and a sound field system if he is placed in a class in a portable classroom.

With a well-written 504 plan, you can get many IEP-type services, including pull-out to a resource room, as long as the disability (hearing loss) can be directly related to a major life activity (learning). You need to make the case that without providing the accomodations your child needs, such as small group instruction or a team-taught classroom, your child is being denied his right to an equal education, based upon his disability.

Good luck!
FYI Janis, life was MUCH easier in NC. The school there identified and addressed issues before I did, in general.

Submitted by Janis on Mon, 08/04/2003 - 12:07 AM

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Hi, keb,

In my experience in NC, kids with any hearing loss, particularly bilateral, can get an IEP fairly easily if there are any academic issues at all. We do not have the ability/achievement discrepancy requirements that LD has. I’m sorry to hear that your experiene has been more difficult in GA.

Janis

Submitted by Kay on Mon, 08/04/2003 - 5:55 PM

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In our school district, with an IEP, you get a case manager. With a 504 plan, there is no case manager. The difference is that with a 504, you as a parent have to work much harder making sure the accomodations are followed, and you get no resource services. (We’ve gone from an IEP to a 504 in the past year.) If you can get back on an IEP, it might make things easier for you…especially when your son hits middle school.

Good luck,

Kay

Submitted by Anonymous on Mon, 08/04/2003 - 7:03 PM

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Janis,
It’s interesting how differently the law is interpreted from state to state. Thanks for your kind words…..we’re making it work in GA, I just miss working with a more accomodating school system!

Submitted by Anonymous on Mon, 08/04/2003 - 9:38 PM

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We have found that we have to “fight tooth and nail” with an IEP to get it followed so… it all depends on the district.

We have an IEP. If I had “my druthers”, I’d get the IEP. If he’s doing well, you can request “15 min consult only” and any accommodations needed.

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