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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?"


Elizabeth
11/21/2014

If a parent isn’t aware of the 504 plan, yet their kids have chronic health conditions that the school was aware of. Should the school tell the parents about the 504 plan?

Yvonne
11/20/2014

I am divorced and would like a 504 plan for my daughter, does her father have to approve of a 504?

Bill
10/10/2014

In the article above you state “The IEP is required to address ALL of a child’s needs that are related to the disability”. If the issue in the 504 plan is NOT related to the learning disability is the IEP still going to address it? They seem like separate issues.

Barb
10/06/2014

I have a friend whose daughter broke both arms over the weekend on a moped like motorized bike.

She can’t write with her writing hand for about 3 months, does that qualify her for a 504 in school?

She also can’t do basic things as feed her self, dress herself, etc.

Thank You, Barb

Bernadette
09/09/2014

I have a 14 year old son in 7th grade with IEP. Is the school and teachers required to follow accommodations for all subjects even BAND?? My son has ADHD, ODD, and Autism-Aspergers. He is failing band because he forgot to turn in assignments and received zero. Teacher told me that he gives all student reminders to turn in assignment on Friday. Dustin is not like all students. You can tell him to do something and a second late he has already forgot what you told him. What does the IEP laws allow with accommodations for all subjects? What is the school required to follow?