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Does a Child Need an IEP AND a 504 Plan?

12/01/08
by Wrightslaw

“Can a child have an IEP for speech and a 504 for academic interventions?”

There is nothing in the law that says a child with a disability should have an IEP for some needs and a 504 plan for others. It’s confusing, it’s more work, and it’s unnecessary.

A school that does not understand the requirements for educating children with disabilities may prepare both forms. If the school prepares two plans, they are just making more paperwork.

It makes no sense to have two different plans to meet the needs of the same child – the IEP will cover everything.

There is no reason to have an IEP for speech (or OT or academic remediation) and a 504 plan for other needs that are related to a child’s disability.

If your child has a disability and an IEP, he is automatically covered by Section 504. If your child has an IEP and needs academic interventions, this should be included his IEP. The IEP is required to address ALL of a child’s needs that are related to the disability.

In addition, an IEP also provides the child and the child’s family with more rights and protections than 504 plans.

Read more about the Key Differences Between Section 504, the ADA, and the IDEA. (http://www.wrightslaw.com/info/sec504.summ.rights.htm)

Key Differences Between Section 504 and IDEA. (http://www.wrightslaw.com/howey/504.idea.htm)

Considerations for Senior Year

Parents should consider having a 504 plan from the public school in the last two years prior to attending college, since college disability offices recognize 504 and ADA, but not IDEA.

Read this outstanding article by Marilyn Bartlett, Transitioning from High School to Post-Secondary Education.

Dr. Bartlett explains why transition from the IEP to a 504 plan in the freshman or sophomore year can be very important.

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109 Comments on "Does a Child Need an IEP AND a 504 Plan?"


amber
03/23/2015

My son is in the end of his eighth grade year. He is ADHD. Is it typical for a school to recommend an IEP now, so late in his education. They say they’ve done more than a 504 Plan for him the last year and a half. Is that something I should have been notified about? They also say in some of his classes he is only at a third grade level. Is this something that should have been recognized long before the eighth grade? He goes to school of choice and they don’t get funds for him because we live in a different ISD. Should I sign this IEP or get a second opinion? I feel like they are just trying to get rid of him.

Virginia
05/13/2015

You need to make sure that the services they are proposing can close his achievement gap. Have you seen his special education evaluation? A 5 year gap would suggest intensive remediation. I would take this evaluation to a private psychologist before you sign.

Grace
04/24/2015

Amber you can ask for an Advocate to walk you through some good questions to be asking OR come with you to the meetings with teachers so they can help you with concerns. I have never needed an Advocate but hear it can be very helpful to the patent. The school often doesn’t look forward to Advocates because they know they are well versed in these matters! Good luck!!

Hattie
03/22/2015

My grandson has an 504 Plan. He is ADHD and bipolar. His has two long terms substitutes who has high school education in core subjects. They are not following his 504 and giving him zeros. I was informed when I complained that The Special Education Director said, “give zeros and they can fail”. I need help, he is successful when his plan is followed. He was passing before his certified teachers left. Because his plan is not followed he often gets in trouble. His psychiatrist wrote a letter to the school but nothing changed. Where do I go for help?

Virginia
05/13/2015

You need to call the Office for Civil Rights in your state. Not following 504 plans is discrimination and you can make a complaint online. Make sure that you have a paper trail, emails etc so that you can prove he is not getting his accommodations

Michelle
03/09/2015

My daughter has a 504 plan in place at the school she attends, however there are schools that are closer to our home but are out of the district. Can she go to a school out of our district?

Tricia
02/26/2015

My son has an iep at his school in Indiana i was told a dr. Had to diagnose him for him to keep his iep that the school would not do that. I had to go to psychiatrist and pay for that through Medicaid. shouldn’t the school have done that? And how do I get his school to do assessments and get a positive behavior plan set up? he is still failing 5 out of 7 classes and the social worker tells me, well, “that’s natural consequences!” I find failing not acceptable. when I am doing my part they should do theirs and have a plan. if homework needs to be done, I also need to know what homework there is. my son will ALWAYS say he has no homework.

Gail
12/16/2014

My son’s high school is insisting that he switch from an IEP to a 504 because he is receiving only accommodations (use of a computer for dysgraphia, time and a half on tests, etc.) but no services. His IEP mandates OT services for dysgraphia, but a previous OT as well as a reevaluation determined that OT to improve his handwriting at age 14 was pointless because he would never be able to write quickly enough as well as legibly enough to take notes in class, write essays, take tests, etc. He has typed everything since 6th grade. I don’t trust the school because they have already refused several requested reasonable accommodations that were not explicitly spelled out in his IEP. Can he keep his IEP without receiving services? The school says he can’t and must switch to a 504 to get accommodations without services. Is this correct?