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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)

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101 responses so far ↓

  • 1 Elizabeth 11/21/14 at 6:33 pm

    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?

  • 2 Yvonne 11/20/14 at 11:13 am

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

  • 3 Bill 10/10/14 at 9:38 am

    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.

  • 4 Barb 10/06/14 at 4:18 pm

    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

  • 5 Bernadette 09/09/14 at 1:59 pm

    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?

  • 6 Cali 04/21/14 at 8:43 am

    Veronica, You are in a tough spot. I have always felt that teachers and their SLD kids are treated very differently by the district/staff when trying to get their child help — not in a good way! If you can afford a good tutor then get one — don’t wait for the school. What an amazing mother you are to teach/work all day and then come home and teach your dyslexic son. Ultimately, having you in his corner is what will make all the difference. We have a local dyslexia help group that I joined and it was very helpful. They provided lots of advice about nurturing your child’s self-esteem. It helped my son to fully understand dyslexia, how it affects him, and know others (famous) have it, too. He didn’t then feel so alone — and he met kids in the help group which provided time for them to be mentored by an older dyslexic kid.

  • 7 Goldie 04/17/14 at 5:08 pm

    Do all my son’s teachers have to be at the 504/IEP meeting? Do all the therapies in the school district have to be there? His school district won’t give him a plan even though I have evidence from outside sources. He has multiple diagnoses. They keep bring up FAPE. I disagreed with them because his grades have gone down.

  • 8 Kelly 02/26/14 at 11:26 pm

    My son was just diagnosed with both a mood disorder NOS and a learning disorder NOS (slow processing speed and executive dysfunction) by an idependant neuropsychologist that I found due to his major behavioral and academic declines in past several months. I’ve asked school to do their own district neuropsych evaluation, in case they gave me a hard time accepting mine. They have gotten back to me suggesting implementing a section 504, while they perform any additional testing and a FBA so they can accommodate my son in the meantime. He has started medications as well from his psychiatrist/neurologist and there seems to be some improve my in school. I would like to stipulate not signing a 504 unless thry agreeing paper that IEP will be started once testing is complete. I’m unsure if I trust school at this point and want to ask you direction

  • 9 Cheryl 01/28/14 at 12:14 am

    My son is 11 yrs. old and has tourettes/ADHD/OCD the school put him on a 504 plan that has just been destructible because 1 out of 4 teachers used it. While he had tourette tics it was easy to have him leave classroom as 504 said he could. When he didn’t have Tourettes they thought they weren’t educated on all 3 Neurological disorders, like all 3 being impulsive and intrusive on daily activity nor were hyperactivity, anxiety, no organization skills. Even though I supplied information and had many, many meetings 3 out of 4 teachers didn’t come to meetings. When curriculum suppose to be broken up, 2 teachers added MORE. No one followed 504 plan, 1 when felt like it. My son struggled and they failed him education. He is at home awaiting ” testing ” for an I E P and haven’t got to do homeschooling due to his school stating behavioral problems.

  • 10 ASD-Dad 10/29/13 at 8:17 pm

    First, thanks for all the great resource, including your books and the articles on this web site. I have found them to be invaluable. My question: I understand that IDEA provides many substantive and procedural protections that are not provided by Section 504. However (and correct me if I’m wrong) isn’t is possible to go straight to a federal court to enforce a Section 504 violation? With IDEA you have to go to a state administrative proceeding first, and in the administrative hearing officers can be more “pro-school district” than what you’d see in federal court. If I’m correct about this distinction, wouldn’t that be a reason to have both a section 504 plan and an IEP, so you have a greater choice of remedies?

  • 11 Veronica 10/23/13 at 9:36 pm

    I’m desperate for help. I work in the education system and year after year I see students with learning disabilities fall through the cracks. There is no possible way that a regular education teacher can provide the one on one help most ESE students need. No matter what the IEP or 504 plan says. The system and label does very little for students. Well, my son is one of those students and it kills me to see his self esteem and academic frustration. I literally come home from school and reteach 70% of the skills taught to him in class all over again.The school system says that dyslexia is not a word used in Broward County. They don’t even test for it. Year after year they tell me he’s fine, but the work samples I have gathered throughout the years are alarming. I don’t know what to do. I know the system is ignoring my son’s needs and others

  • 12 Tisha 10/16/13 at 11:04 am

    Can a child with 504 modification in Texas, be held back, if they do not pass the STARR test?

  • 13 sabrina 10/11/13 at 9:24 pm

    My 11 year old son struggles with th and l sound. In 2nd grade I asked for him to be assessed, nothing. In 3rd I asked again and the teacher hand delivered it to speech pathologist and again nothing. In 4th grade again I asked and his teacher finally got a new speech teacher to assess him and qualify him. Now in 5th grade the old speech teacher comes back and tells us out of the blue at his parent teacher conference which we had no idea she was attending that our son does not qualify for speech because the previous speech teacher messed up and didn’t do her job right by qualifying him ugh so frustrating. The new and returning teacher from the past told us his issues are cosmetic because he is now in 5th grade and this speech issue should of been assessed in his earlier years. Hello.we tried to have an assessment but both years nothing :(

  • 14 Nance B 08/18/13 at 4:34 pm

    Would a young child ( 8 yr old male) recently diagnosed with Tourette’s qualify for an IEP or 504 accommodation at school?

  • 15 Becky 05/03/13 at 10:40 pm

    I heard Pete Wright told attendees at a Wrightslaw seminar recently that every student with an IEP should also get a 504 in their junior year because colleges only accept 504s. This seems to go counter to what is stated in the Wrightslaw books, that an IEP is all-encompassing and there is no reason to have both an IEP and a 504. Clarification?

  • 16 Will 04/07/13 at 12:04 pm

    When parents are divorced and have joint custody in everything. Can the school pick and choose which parent to invite to the meeting when both have equal and joint custody.

  • 17 linda 03/12/13 at 2:29 pm

    my child is 14 year old in 9th grade. he doesn’t have IEP but he has a 504 plan. He is ADHD. They won’t do an IEP. Can you help me please. The School District will not write an IEP, he tests out of IEP. IEP meeting in which he does not qualify for special ed. Can I get IEP done with a 504 plan?

  • 18 shelia 03/06/13 at 12:23 am

    Does the 504 Plan and IEP apply to a child in a private school?,Thanks

  • 19 Manjiri 03/05/13 at 8:11 pm

    My child was premie. He received gross motor services during 1-3 years. He was followed at Children’s hospital. Their OT evaluation determined that he was in normal range at age 3 and school district wanted to write an IEP for motor skills. When we questioned the difference in evals we were told by school that he was not in mood. We rejected their proposal for IEP. After that he was frequently hospitalized with pneumonia and fell behind in his studies. His teacher proposed a 504 plan and his doctor agreed for medical reason of frequent hospitalizations. They did evaluations in Children’s hospital that showed that he is in normal range for motor skills and needs help with handwriting and focusing. The school is now saying he is due for special educaton and they do not accept evaluation from Children’s and we do not trust school district.

  • 20 Michele 01/11/13 at 6:49 pm

    My son is 7 yrs old and in the 2nd grade. He receives Speech and APE at his school. I had an IEP meeting today with his speech, APE and regular teachers. I requested a 504 plan for my son because he has a speech impairment and needs some extra help at school. His speech teacher told me at the IEP meeting that my son cannot receive the 504 plan because he receives Speech at school. Is this true? If not, what do I need to do next to see about my son getting the 504 plan?

  • 21 Amy 01/08/13 at 11:09 pm

    I did not go through my school for diagnosis, per a reccomendation from a friend who writes up 504s. I went through my own doctor. I took my child to a respected ADHD clinic who did disgnosed him. In the final report they reccomended a 504 and even gave an example. I took it to the school, and by law, with the evaluation from the center, they had to provide my 504. It was much easier a process than going throught the red tape of the school. It has been three years since his diagnosis and I am always in constant contact with his teachers. I meet once a year to tweak the 504 according to any needs that may arise, ex, he started state testing last year and needed some modifications. However, by law, you can tweak that 504 anytime during the year if needs arise. Bottom line, we are our kids personal warriors and advocates, educate yourself :)

  • 22 Sharon L. 12/16/12 at 5:11 pm

    Tanya,
    Did your son have a multifactored evaluation? I am assuming that some sort of testing took place in order for the team to evaluate whether he belonged in spec ed or not. You can write a letter to the school stating that you do not agree with the results of the test & would like an outside evaluation in which the school must pay for. The school must give you sources to get the test from but you do not have to use any of these sources. You can use your own psychologist/physician, etc. AFter you get the test results you may have more info to work with. We have done this 3 times with our sons & either kept them in spec ed or got them into spec ed. ON 504 the school does not have to put your son into spec ed at your request. The only way is through the testing,evaluation,legal system.

  • 23 Tanya 12/08/12 at 6:34 pm

    My son is in 6th grade he is really struggling in math barley passing with a D. He has a current 504 plan & i jus had an IEP meeting in which he does not qualify for a special ed math class. I am upset because he needs extra help in math or to be in a smaller class because he gets easly destracted. The school is telling me there is nothing they could do. My question is under his 504 plan does the school have to offer extra help or put him in special ed math class upon my request?

  • 24 Elizabeth 11/01/12 at 4:32 pm

    HI! My son is profoundly deaf in one ear and prior to kindergarten I worked with his school to develop a 504 plan. Then, half-way through his year in kindergarten, he developed a severe fluency disorder (stutter), and I worked with his school to write an IEP for speech therapy. At the time I asked if his hearing-loss accommodations could be added to his IEP, but the speech pathologist told me he would need to qualify separately for an IEP for his hearing impairment, and I would need to demonstrate that his hearing loss is negatively impacting his educational outcomes. So my question is slightly different from the original question. I want to consolidate everything onto his IEP, but the district is resisting. His disabilities are unrelated in their cause. Is the SLP right that he has to qualify separately?

  • 25 Wrightslaw 09/14/12 at 11:08 am

    Jaime – If your child has a disability and an IEP, he is automatically covered by Section 504. His IEP provides more rights and protections than a 504 plan. Not sure why you feel like he needs both – or what you think a 504 plan might cover that could not be included in his IEP.

    Here is excellent advice from Sue Whitney about including a Health Care Plan in an IEP to cover additional accommodations and interventions if they are needed. This type of plan can be part of your son’s IEP, can be adapted to his specific needs and include a broad range of accommodations. Take a look at this article:

    http://www.wrightslaw.com/blog/?p=7544

  • 26 Jaime 09/14/12 at 10:22 am

    I have a son that has a IEP but I want him to have a 504 too. He was 3yrs oldand got burned on his arm and have to surgeries, we have to go to Galveston Tx for them. But the school is telling me he can not have a 504 with a IEP.

    My son has been having problems with the SED teacher and he has her again this year. I have asked very day to move him, but they tell me that is the only teacher they have. I know that is wrong, they can put him in the mayflower class. They tell me that he can notgo in there because he does not have a behavior problem. But it is on his IEP that he does. Please help me….

  • 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.

  • 28 Dana 06/19/12 at 11:57 am

    i have a 6 year old son who has asthma and chronic environmental and food allergies. i am requesting an IEP within our school district. he attends a private school and i wonder how to find out if they receive federal funds? there’s no school lunch program but i know they have a speech therapist and other therapists come in to help some of the children with autism.

  • 29 KAT 06/14/12 at 10:24 pm

    if a student is having trouble in math and qualifies for language does his math need have to go back to a SAT? What I am reading I see no, however I work with someone who is pushing this, also clarification graduation EXIT IEPS are required right?

  • 30 Amanda 06/03/12 at 10:29 pm

    I have a child categorized as LD for dysgraphia, who also is known to be diagnosed as ADHD. My school doesn’t want to make any accommodations for testing for the ADHD, because his IEP lists his disability as dysgraphia “and since the IEP is for dysgraphia, it cannot address the ADHD.” Should I try to get a 504 separately to address the ADHD, if I can get them to accommodate him at all? With the big SOL tests in the coming year, this issue needs to be resolved soon. :(

  • 31 Jessica 05/18/12 at 10:05 am

    My second grade son has a “speech and language” IEP. He has language processing deficits, but has done very well academically in second grade. Next year, for the first time, he will take the state standardized tests and the work will be much harder. I would like him to have extra time given processing issues. If he is performing well in school thus far, can I get him a 504 for extra time on timed tests given identified processing delay? Can it be included in the speech and language IEP (I thought not)? Thanks!

  • 32 Martha 05/17/12 at 6:55 pm

    From what I understand IEP is legally protected under Federal level as in IDEA. Which is the Individuals with Disablities Educational Act. The 504 is run at the State level, under State laws. They say that with 504 they dont need parent approval like the IEP. I would not sign 504 if you really believe your child has a disablilty. Without IEP you are not protected with IDEA.

  • 33 ramonsitta 05/15/12 at 12:30 pm

    my daughter was was referred psychological re-evaluation by her iep team. my daughter is identified as IND intellectually disabled. it was noted that she is able to maintain satisfactory progress with in a regular education setting with grades c, based on the reevaluation data. at IEP meeting it was recommended for dismissal from exceptional student education. my daughter struggles with math, and needs more time to get her work done. they suggest i do the 504 program. what’s the difference between e.s.e. n 504. i was called and to complete the form 504 and also setting i.e.p. need answers. will 504 program help my daughter?

  • 34 Sharon L. 04/29/12 at 7:12 pm

    Martha – A child can be on an IEP & 504 if needed. It sounds like they are trying to get him on 504 only. You were right to get an advocate & insist on the testing. Of course they are not happy. You know what you are doing. Once you get the test results be sure to go over it with your advocate or physician. IF you do not agree with the test results you can request an evaluation be done by an outside professional & and the school will need to pay for that & must consider the results. This will tell you where your child should be & you can all meet & do what is best for him.

  • 35 Morning 04/21/12 at 4:35 pm

    My child is dyslexic and the IEE proved it. It should not have taken years of missed opportunitieis for the school district to recognize such but she does have LD as the disability category. I stopped blaming and started educating myself through Wrightslaw and state agencies. My child is making progress, plans to attend college, etc. I advise you to keep the advocate but to educate your self and take any workshops on special education. Don’t depend fully on the advocate. You are your child’s expert, educate yourself! The district staff will respect you for such and you can better add to the PPT discussions as they cannot argue with data, research and an informed parent. Collaboration and knowledge are powerful tools.

  • 36 Morning 04/21/12 at 4:20 pm

    Kudos to you for hiring an advocate. A school administrator told me that I did not need an advocate when my child entered special education in the 2nd grade. I trusted her advice. She was nice but misguided and a gatekeeper. I was led around in circles and had to hire an advocate when she was in middle school. The school district paid for an independent report and she had severe reading deficits, executive functioning, etc. It was too late to fully get remediated for reading as the window of opportunity closed around third grade or before. Since I hired an advocate, the school district is following IDEA–before, they pushed her along with no progress monitoring. My daughter showed the B and D reveersals in kindergarten.

  • 37 Martha 04/20/12 at 9:42 pm

    My son has had a iep for speech since 3yrs old in a public school he is 9yrs old in 3rd grade in Florida. This year I have seen word substitutions and “B” and “D” confusion, knowing his name starts with a B. The school this year says he needs a 504 plan also for more time alloted for FCAT test. I signed now he has both. I demanded him be retested since he has not been tested since 3yrs. They are saying he is ADHD but I think he is dyslexic because, my husband can’t make proper sentences and struggles with big words. The school now wants to take him off of IEP and I know he has some type of learning disability. I hired a advocate and the school very upset. The school told me they were screening him and now say testing him. What should I do. I do homework with child everynite and he is writing “day” he spells “bay”
    Please reply asap

  • 38 arnaz 04/19/12 at 1:36 pm

    My child (6) has autism. He is on his 5th school which is an alternative school. I’ve attended too many IEP meetings and seen too many fake smiles and “we’re here to help you” comments. The schools are not there to help the parents, let alone the child. They’re only following their protocal to save federal money for other areas. I was intentionally being lead in circles by the school board in the IEP Meetings.
    Three real problems: Classroom Teachers are not BCBA certified, Short Staff: Speech and occupational therapist, IEP is vague and doesn’t address my son’s needs. Best advice – get a special education lawyer and don’t be afraid to file for due process to make them recognize your child’s needs and address the issues.

  • 39 Sharon L. 03/21/12 at 10:40 pm

    La Donya – The school is not technically on the hook to do an evaluation until you complete their official consent form & sign it. If you do not hear from them request a meeting to sign the consent form. After this they have 60 days to perform the evaluation. After that you may request a copy of the results in a DRAFT form to show an advocate, attorney or physician who can help you determine what the scores mean, etc. There will be meeting to discuss the results & determine eligibility. You do not have to sign anything & if you disagree with the results you may get an outside evaluation & the school must pay for that evaluation. You do not have to give any reason for this other than you do not agree. The school must consider the results of this.

  • 40 La Donya 03/20/12 at 10:21 pm

    My daughter has a 504 plan that is not working. I wrote the school psychologist and requested that our daughter be reassessed and that an IEP be developed. The school psychologist rerouted me to the 504 intervention coach, stating that there me be little change if our daughter is retested. However she never answered the question or our request. I feel like we are going in circles. Our daughter has auditory, memory/recall problems. The director from educational services requested that we meet again. My husband and I are apprehensive as it appears that we are being ignored.

  • 41 Jennifer 03/10/12 at 7:17 pm

    I do not understand how I can write an IEP for a speech impairment and write academic accommodations that are not at all related to a speech disability? I thought the accommodations had to be related to the speech disability. Not being able to say the R sound has nothing to do with a reading problem, and are not related. Can you please help me understand this? I work in the schools as a speech therapist and this seems incorrect. Then, does this mean I am responsible for the academic accommodations?

  • 42 chris 02/22/12 at 2:44 am

    My son of 14 years has mosaic downs syndrome. He has had a tss worker with him in school for the past 6 years. Just recently the school has taken upon themselves to dismiss our tss worker for petty, reasons. Mostly in school adult women drama. She has been by our son for those 6 years and has greatly contributed to our sons success in his life. Now we have to start all over. Next year he starts 9th grade. So what I’m asking is, what rights do they have to do such a thing. How can they take away someone who has dedicated all there time and energy to provide our son with the best education. What rights does our son have?

  • 43 t judge 02/20/12 at 10:01 pm

    Just have a question about obtaining a TSS worker for my son. We are currently filing an appeal because they denied my son services. My husband is a Veteran and wants to know if this will help us trying to obtain a tss worker.
    Please let me know if this makes any sense. Many veterans are able to get their families special services because of VA benefits.

  • 44 Tanner 02/03/12 at 3:19 pm

    Does a child have to have a disability to qualify for a 504 plan?

  • 45 Sharon L. 01/29/12 at 7:57 pm

    Jessica, My son has changed schools also & the school is obligated by law to follow the IEP unless they do a new re-eval & usually there is no need to do that. If they do not have the resources to provide what the previous school was doing they cannot unilaterally change the IEP without your permission. You do not have to sign anything. My son is dyslexic & the school could not provide the services he needed so they hired an outside tutor who was able to provide the services. They payed for the tutor for 5 years 1 hour per day/5 days per week & provided transportation as well.

  • 46 Wrightslaw 01/24/12 at 1:07 pm

    Jesica:

    What does the school mean by “can’t fulfill”? Do you think the school knows what IDEA requires when a student with an IEP transfers to a new school? Do you? When children with disabilities move to a new different school district – in the same state or a different state – the new school district must provide services that are comparable to the services in the previous IEP. Read Changing Schools and IEPs at http://www.wrightslaw.com/info/iep.change.schools.htm. You will find an entire chapter on transfers in Wrightslaw: All About IEPS, Chapter 13: Transfers and Education Records. What will your next step be?

  • 47 Jesica 01/24/12 at 6:50 am

    My son has an IEP and we just moved to a new school and they said they cant fulfill it so they are doing other things and changed the IEP..I am wondering where the Funding is going that they receive for my child..DO they receive any?

  • 48 Sharon L. 12/18/11 at 11:52 pm

    Susan – If the school’s testing shows no LD you may opt to get an outside evaluation at the school’s expense. You need to write a letter to the principal &/or spec ed director stating that you do not agree with the results of the test or the placement of your child & you would like to seek outside eval at school’s expense which is your right. I send one letter certified mail to be sure they get it. The school should send a letter of places you can get the outside testing. You do NOT have to use one of these. If you have a professional that can help you find a tester that understands your daughter’s grammar issue that will be best. This could be a form of dyslexia. Once you get the test results of the outside testing the school has to consider it. You can then have a meeting to discuss.

  • 49 Susan 12/09/11 at 9:22 am

    How do we convince the school to change from a 504 to an IEP, when additional services are needed? The school is well aware that there is more protection under an IEP, but says all the IEP type services can simply be provided under a 504. Large print texts, extra time on tests, assignments, homework, tutoring to help with learning to take notes in a manner to works with visual disability This is an honor student who just scored in the 44% on the writing section of the SAT due to grammar mistakes. (Poor spelling and handwriting are not supposed to count on SAT but are a continuing issue for student.) Verbally student just won a local speech competition using memorization. Language on speech was outstanding, but grammar and spelling were pitiful. Testing shows no LD. School says some people are just poor spellers, so no IEP, just 504.

  • 50 Sharon L. 12/03/11 at 11:25 am

    Ruth – The school cannot make change of placement without your consent or if they insist on the change they must provide you with “prior written notice” as to why. Either way they cannot do it without your knowledge. If they do they are out of compliance. Perhaps you should get a meeting together to see why the accommodations are not being followed. Take an advocate with you if you can or someone knowledgeable in hearing loss (a professional). You may have to pay for the professional’s time whether in person or on the phone but I have found that it is worth it & is less money & less adversarial than an attorney.

  • 51 Ruth 12/01/11 at 11:43 pm

    My child is in the ninth grade this year. She has had an IEP for 4 years now. She has a hearing loss that requires her to have a individualized hearing device. She is a honor student and does not require time in any special ED classroom. She only requires accommodations on her IEP. The school district is trying to force us to change her IEP to a 504. We are very hesitant to do this because the school district has not done anything they said they were going to do. The device she has, has been left setting on the Special Educational Coordinators desk for weeks at a time. We do not want to change the IEP to a 504 and it has been in place this same way for all these years. Why would they want to change it now???Can they change the IEP to a 504 if we say we don’t want it done????

  • 52 Sue 11/09/11 at 11:32 pm

    Sharron L- thank you so much with your input. I just think he is going thru adolescent changes. I can’t see how they would find it a disability. Does anyone know the process of this whole thing. What do they evaluate him with? What sort of test? Questions? I feel so bad that I even haven’t told him yet, I am afraid he might think we all think of him as stupid. He is such a bright and wonderful child. Please shed some light to this matter?????

  • 53 Sharon L. 10/30/11 at 8:36 pm

    Sue – If the school is coming to you to get your child testing to see if he qualifies for spec ed services that could be a good thing. It will be more difficult as your child gets older if you find out later he needs spec ed & you try to get him in when he is 16 or 17. Read as much as you can on the IEP process & ask parents with special needs kids. There may be a support group available as well. I know how you feel when you are knew to all of this. It can be overwhelming & it can be difficult to get the right supports for your son. I was very tired & overwhelmed when I was dealing with the schools for my 3 sons but now that they are grown up & out of school I am glad I did it because I truly believe that if they had not gotten the help when they were little, it would be much worse now.

  • 54 Sue 10/28/11 at 5:51 pm

    Hello, i have a 12 year old son in middle school, and the school wants him to be evaulated for learning disabilities.
    My son is bright child and is just going through some adolescent changes. Last year i told them that he struggles whilr taking tests so they told me that i can sign the 504 content, without a doctors signature and he would have extra time on exams and not be labeled. He has had pretty good report cards in the whole timebhe has been in school. Do they just target some kids due to funding they might recieve. Thus has put a lot of stress in my life and i have no knowledge o what to do? Please explain

  • 55 Elizabeth 10/03/11 at 10:22 am

    I have had several bad experiences with the public school and charter public schools in regard to manipulating the truth. It is wise to do your research before going into any IEP or 504 meeting. Don’t take their word. I trusted and my son has paid for it. Ask them to show you the laws in writing and be prepared to wait or be dealing with angry people after having them sign a request. As with anything, I believe there are a few exceptions to the rule. God may place someone who is willing to step out on the limb for your child in that meeting. Unfortunately, that quality is rare due to fear of losing their job.

  • 56 Jennifer 05/23/11 at 12:28 am

    I asked the 504/IEP question of our state special education supervisor. There is no need for both. Whatever modifications are provided on the 504 can also be written into the IEP.

  • 57 Tracy 05/19/11 at 10:46 pm

    I am the parent of a very gifted young man that missed out on a scholar ship that would benefit him greatly in the future – however – I advise you parents not to allow your child to be taken out of English or any class for that fact to take special education courses. More than that they don’t learn anything and they suffer more in the long term, due to the fact that what they miss out on is more damaging in the long run. There are aids available to come to your home, in which I found out to late, but the immigrants have them at thier beck and call,. My son is very smart and missed out due to the fact that all his special language classes took place during his english classes and to my dismay and constantly arguing he missed out, the school system he was in wanted to look good, how can a child score high and fail english.

  • 58 Sharon L. 03/25/11 at 11:53 pm

    Wainwright – YOu need to immediately request a speech and language assessment if you have already done a full multifactored evaluation. If not request a full multifactored evaluation. ( It will include speech and language). Put your request in writing and within 5 days if you have not heard from them request that you sign there assessment request document because they are not obligated to do the test in 60 days until their paperwork is signed. After they are done request a DRAFT copy of the results which you should take to a professional to help you decipher it. When you have the results and meet with the team you and the team should decide what is best based on the results of the testing. If you do not agree with the results you may get an outside test at schools expense.

  • 59 Wainwright 03/24/11 at 2:53 pm

    My son, whom we adopted fifteen months ago from Ukraine struggled with speech articulation even in his native tongue. Now that he is learning English, its understandable that he also struggles with speech articulation still. The school has been very difficult to work with because they want to use the fact that he has an accent to not provide services. He also has lyme disease and JRA and PTSD But I’d have to say his confidence takes a hitting when people can’t understand him because he can’t pronounce sounds with “th” “s” or “l” and his little sister (whom we also adopted) can speak more clearly. Our son also has some major dental issues that we are in the process of getting worked on. He has a cross and under bite. We’ve had seven teeth removed since being home.

    My question is this: should I be asking for an IEP or a 504?

  • 60 Sharon L. 02/06/11 at 8:33 pm

    Kellie – First of all an IEP and a 504 can co-exist side by side. Don’t worry about their deadline for the signature of the IEP. That is a scare tactic. Don’t sign anything until you are sure or you will have a greater difficulty getting the services back. It sounds to me like all of the accommodations/modifications could be put on one IEP and then there may be no need for the 504. You could also look into the OHI (Other health impaired IEP) as a solution for all of this. Contact your state special ed department to ask questions and get forms on how to go about checking out these options. Ask the district to show you their WRITTEN policy on 504, OHI IEP and standard IEP. This may help to see what their written policies say versus what they are telling you.

  • 61 Kellie 02/03/11 at 4:23 pm

    My son has been with a 504 for one and a half years. This was for his Dygraphia and suspected Dyslexia. Now all of a sudden the school has found him eligible for IEP in the area of Math. They are stating that they will NOT give him the accomodations that he is currently getting with his 504 including the Assistive Technology and use of Laptop for Wrting. They are stating that once we sign an IEP Document that the 504 will be dissolved.
    I believe this to be a set up to fail! He needs assistive technology and a laptop for his Dysgraphia, yet they will not recognize this on the IEP currently being developed. We have had 6 meetings so far and never any resolution. They now tell me that they must have a signed document in less than 10 days. Can they actually do this? How do schools get away with this?

  • 62 Sue 12/21/10 at 11:15 am

    My son has an IEP for articulation (he has trouble saying his “s, th and r “sounds). He also needs some accommodations to address his behavior (that is definitely NOT related to his articulation). Can those accommdations be added to his IEP even though it’s not related to his disability? If not, can he have a 504 too?

    Thanks for any help with our situation!!!!!!

  • 63 Annette 10/25/10 at 11:12 pm

    I’m still confused! my son had an IEP the high school he attended switched him to the 504 plan, but now he’s failing all classes and struggling in school, he’s asthmatic and attention deficit, also has sleep apnea. what do i do? recently the school met for the annual meeting, i received a one page of the 504 without any explanation as to what they would be doing for him…is this right? all of my suggestions were not documented as if I’m not a parent involved..which I am …please advise

  • 64 Robin 10/12/10 at 4:40 pm

    Hi my son is seven years old and we found out the had ADHD and a speech impairment at six. He attended public school last year and was having a lot of problems with sitting and learning. His doctor sent three conners reports to evaluate his progress and at almost the end of the school year I received a conference letter to tell me he had learning issues. His doctor and I both requested an IEP. He was already receiving chapter one help so they new he had some kind of learning troubles. But still denied him a IEP. I took him out of school and decided to place him in virtual charter school and I’m noticing a lot of learning problems also. I am looking for a place to have a IEP. I’ll pay for it my self if it’s going help with my sons education so can someone help me on what can i do. thank you very much

  • 65 kckk 08/02/10 at 6:02 pm

    If my son has IEP for speech and the school never put specific info in about what could be life threatning food allergies, asthma or his sensory, can they just pretend that those do not exist? He has Dr. docs from specialist and pediatrician explaining his chronic illness and all treatment. Submitted OHI request from Dr. but, school said that OHI is committee decision and he doesn’t need another label. He missed too many days with asthma last year and was given 24 hours of detention time. He was not behind and a good boy. Kindergarten detention? Dr.s notes didn’t help,so he was having before and after school detention and they tried to make him do Sat. school. Can they punish him for being sick? IEP should have instruction on all of this right? They don’t have nurse an I feel they are being careless with my sons health and possibly his life

  • 66 robin 07/15/10 at 10:08 am

    I and my son’s doctor request to have my son evaluated. He was diaqnosed with ADHD in kindergarten and he’s been struggling ever since that’s what the school’s meeting has determined. Yet they denied my child for testing saying he’s fine. He also has a speech impairment, it’s hard to understand him at times. They want to leave him back saying that he is too far behind and that it will be harder for him in 2nd grade. What should I do from this point? I like the other lady on this site who his lit a fire under me and nothing will stand in the way of my child getting the best education he can get! Thanks for your responses in advance.

  • 67 Glenys 05/17/10 at 2:11 pm

    My daughter attends catholic school, she suffers from severe migraine. I would like for her to benefit from the 504 for final exams as well as the regents.However the school is giving me a hard time. How can I address this issue with out creating any conflict .My daughter will be graduating next year, i don’t want the school to give her a hard time. Please help me.

  • 68 Belinda 04/13/10 at 4:26 pm

    I would like to know if students with a 504 plan can be sent home if they continue to make poor choices and and disobey the established routines in the classroom?

  • 69 Wendy 03/17/10 at 8:55 pm

    My son, 16, 10th grade. On 504 for DX of ADHD since 2nd grade same school district. Currently off meds. School didn’t do paperwork for 504 now signed him off. The reason he doesnt qualify because “he has a good GPA”. We his parents and my son work very hard daily to keep him organized, staying on task. Teachers had been making accommodations never listed on 504. His grades now are failing in two subjects since they signed him off and 2 C-. Where do we go from here. Asked for an appeal, nothing has happened in over 1 month from my meeting asking for an appeal.

  • 70 Linda 03/12/10 at 9:23 am

    Can a child who has a current 504 plan be referred to the Child Study committee if it is felt that the plan is not working? What if the child is suspected of having a learning disability in addition to having the current 504 plan?

  • 71 anna 03/03/10 at 3:12 pm

    I have a grandson 14 yrs old with a disability. He has a TSS worker and a behavior specialist, but has lots of problems in school. He was accused of spraying mace in another students face, no one saw him do it or saw him with mace. He wasn’t even in the classroom at the time it happened. He and another student walked up at the time the child was standing in the doorway rubbing his eyes and they asked him what was wrong ? He said he could not see. The teacher told my grandson and the other student to take him to the nurse. They met a TSS worker on the way to the nurse and the student told her that he didn’t know who did it because he couldnt see. She sent them back to class. When they got back to the classroom someone blamed it on my grandson. Now they are trying to put him in alternative education. Help!

  • 72 Amy 02/25/10 at 7:08 pm

    My 6 year old son has ADHD and major impulsive issues, DR recommended IEP be put in place. I have also, school giving me ring around saying doesnt qualify because he is not “behind”. If he is a distraction to himself and others, how can he not be behind? Everyone else I have talked to said that he can qualify for IEP. I am contemplating going to School board. I will fight to get my child best education possible. It is not his fault that he is a little imbalanced. Why be treated as it is his fault? Of course I dont want him labeled in a bad way. But I want a concrete plan written out that the school needs to follow to help him better himself and so he can get through school and have friends, not be the kid with behavior problems that never got worked out.

  • 73 Robbie 02/07/10 at 3:58 pm

    Hi,
    I am interested in your post as my 14 year old son has been recently diagnosed with bipolar depression I have requested a Special Ed Evaluation including an emotional disturbance evaluation. Prior to high school he had been an honor student.
    He started having difficulty with Academics this year…especially math.
    Bipolar does interfere with quality of life ….concentrating, organization, ability to sleep, awaken, etc. Request in writing for an evaluation for learning disabilities and emotional disturbance. Do NOT let them tell you can’t test….document everything! Dates and who said what!

  • 74 Heidi 02/07/10 at 3:49 am

    I have an 11-year old son in 5th grade. The psychiatrist has diagnosed him with an anxiety/mood disorder. His counselor has stated he has an Autism Spectrum Disorder as well as the anxiety/mood disorder. He is high functioning in academics, but not socially. The school says he does not qualify for an IEP or 504 because his disorder doesn’t effect his academics. We have an informal behavior plan for him in effect, but it isn’t a 504 or IEP, which means next school year I will have to go through the same things with his new teachers. .

    I also have a 9-year old with bipolar disorder as well as ADD. Again, I am told he doesn’t qualify for an IEP or 504. He is on medication and his moods have finally straightened out. Before the meds he had problems related to his manic and depressive moods and he was suspended for a week. Help!

  • 75 Jeanne 01/30/10 at 5:20 pm

    Where do accomodations such as assistance in the hallways, use of elevator, extra time for tests, use of computer instead of writing, etc. go on an IEP form? They are not student goals,and they are not all classroom modifications. I am confused as to where issues pertaining to physical conditions as opposed to academic concerns fit on an IEP.

  • 76 C.Thorpe 01/07/10 at 6:21 pm

    My Child currently has an IEP but they want to change it to an ISP because he attends religious school. What is this and will it affect his services.

  • 77 Cynthia 01/01/10 at 3:01 am

    My 7 year old son is disabled. He has been diagnosed with ADHD, Bipoloar Disorder, ODD, and Developmental Delays. His teacher’s response is “he’s very smart” but he has behavior “issues.” The school punishes him for behavior problems – but we are not notified nor do they provide us documentation when an incident occurs. He has a 504 plan, but we do not believe that he is receiving the services/accommodations that he needs. We have requested – on more than one occasion during the 504 meetings – that he have an IEP. The school has informed us that “he does not qualify for an IEP,” and they are unwilling to provide an “explanation” as to why he doesn’t qualify. Can someone please explain to me the distinguishing “criteria” that would allow a disabled child to “qualify” for a 504 plan but not qualify for an IEP? Thanks for your help!

  • 78 jerry 11/14/09 at 2:49 pm

    From 1David:
    “You can request a change in placement from a 504 to an IEP in writing.”
    —–
    I am a school psychologist. One can request a special education EVALUATION in writing. An IEP is the service plan that follows if a student qualifies for IDEA (special education).

    For lori

    If your son qualifies, then an IEP is written for his needs. Pending completion of that eval., Lori, your son has the same protections as a student in special education.

    BOTH 504 and Special Education law have protections which include, as David said, a functional behavior assessment to determine why he behaves that way (function).

    And before a school district can place a child or expell him a manifestation determination must be conducted. This MD is to determine whether his disability “manifests” itself in his behavior.
    Since I don’t know his disability, I’ll assume it is ADHD. This disorder may manifest itself in his misbehavior, that is, his conduct in question was caused by, or had a direct and substantial relationship to, his disability of ADHD. Make sure your school does a MD on his misbehavior.

    So sorry this is late. Good luck with your son.
    —-

  • 79 Jim 11/06/09 at 2:52 pm

    One more note on these “free” public services. You know what happens when something is offered for “free”? Everyone wants them. What happens when everyone wants them? Triage.

  • 80 Jim 11/06/09 at 2:49 pm

    Joseph-
    Schools are reimbursed 0% for services provided through a 504. Whereas schools receive up to 21% reimbursment for services provided through an IEP. In my state, directed services, such as OT, PT and ST are billiable for Medical and funds can be generated that way. Believe me, the professionals who work providing a direct service (I am one of them) have VERY large caseloads and are not looking to “pad” for funding. I have never heard of an SLP pad their caseload for funds.

  • 81 Janice 10/06/09 at 1:37 pm

    Joseph,

    As far as I know the schools do not get extra funding if your child has an IEP or a 504 and is still in a regular classroom setting.

    A friend told me years ago that my son needed a 504 but my husband and our doctor were against it. My husband did not want our son labeled. My very smart child was struggling with school because with ADD and being on medication he still gets distracted. Without the 504 the teachers were not helping him stay on task.

    In middle school he was put on a 504 and things got much better. My husband thinks it is wonderful. Our son is a senior in high school and with his medication, the 504, and his dad checking regularly on his grades and assignments and e-mailing teachers he has A’s and B’s in all of his classes except English.

    With the 504 teachers must let us know if there is a problem

  • 82 Julie 10/06/09 at 1:10 pm

    athletics covered by 504?

    My autistic son has been able to fully participate in cross country in middle school because his father was able to arrange his work schedule to be an assistant coach and make it possible. However, in high school next year, his father won’t be able to accommodate the high school practice and meet schedule. Is there any way to get him the assistance he needs to fully participate? The main issues are changing clothes, safely running on the streets, and understanding directions.

  • 83 Joseph 09/22/09 at 9:05 pm

    My ex-wife and I are going through a divorce. My son has a temporary adjustment disorder according to his third party psychologist. His public school has approached me after only 3 weeks of school and says he needs a 504 and an IEP screening. I have nothing against special needs or disabled children, but I feel he is experiencing what I experienced as a child. I do not want him labeled and do not believe he needs IEP or 504. The school is now going to my ex-wife and getting her consent because we have 50/50 custody. I have said I do not want him screened. I believe all this is is for funding. My son does not need this, it seems like you are all fighting for the programs and the schools won’t give it to you. What do I do? What rights do I have?

  • 84 Angela 08/24/09 at 5:30 pm

    I am so confused about everyhting IEP 504 and the disability act.
    My 7 year old son who is a type one diabetic and twin he is struggling with reading he is a social child gets along great with others and is respectful. His only problem is reading. They have approached me and said I think that he needs to go back to first grade. That he is immature. I don’t feel that he is any more immature that my daughter who keeps up just fine. We put him in a summer reading program at a university and they helped a little. He just does not get it. He needs more one on one help or a smaller setting to understand. I have asked for IEP and they blow me off and say that another year in 1st grade will do the trick but i don’t ! what do I need to do next PLEASE HELP I am desperate. He is a twin and I can’t seperate the 2 he will feel even more dumb.

  • 85 Ann 07/29/09 at 12:39 pm

    Is it legal to have both an IEP and the 504 plan. Doctor is stating that it would be harmful to the child’s health to change schools (due to move of home address). Also stated that the 504 plan would require the school to provide transportation to the previous school. The school district is stating that the child may attend the previous school, but the parent must provide the transportation due to that fact that the child is not attending the school of assignment. The child has an IEP currently. The child’s teacher is also stating that the child should remain in the same school.

  • 86 Lynn 07/20/09 at 6:10 am

    My son is a senior in high school. He has an IEP. He would qualify for 504 since he is wheelchair bound. His medical needs places him in sped. Should he have a 504 plan put into place since he will be attending college next year?

  • 87 Rick 07/06/09 at 11:19 am

    Is it legal to have a child on a 504 and IEP at the same time??

  • 88 Caitlin 05/14/09 at 8:41 am

    What if the child has two separate disabilities, each associated with different needs? I am thinking of a child who has both a fluency disorder of speech, and a chromosomal abnormality. He has an IEP for speech and language services to address his dysfluency. The speech therapist has said that he does not require any accommodations in the classroom due to the speech disorder. His chromosomal condition causes minor impairments in concentration and motor skills, resulting in him taking a long time to complete tasks. He does not require special education to address these needs, but he needs extra time to be able to show what he knows. It seems to me that a 504 plan would be appropriate to address these needs, but I was told that a student could not have both a 504 and an IEP, even if the disabilities are unrelated. Any thoughts?

  • 89 April 04/14/09 at 5:49 am

    It was helpful to learn that an IEP covers everything–no need for a 504. I have filed due process regarding my 15 year old Deaf son, Luke’s, failure to make gains in reading (9th grade reads on 4.5 level), no speech services provided 08-09 school year although 60 minutes written in IEP, no testing to determine gains in reading (“no such services exist”), no extended school year for reading or speech(“no documented proof that he regresses”), no measurable goals and objectives in IEP, no ASL as foreign language for peer interaction, social development and direct communication opportunities. I need examples of measurable IEP goals, proof of importance of ASL for interaction and social development, source of reading testing specific for Deaf children, credible witness for each area. Can you help me. Court date very soon.

  • 90 Bonnie 02/25/09 at 2:41 am

    I have a son who is diagnosed Sensory Integration Dysfunction. When he was younger the schools teachers naturally accomodated him. He is 10 and beginning last year in 4th grade the accomodations increased and in the 5th grade year, the teacher was never told about the accomodations so he struggled alot in the first trimester until the accomodations we reintroduced and more added. As a result, we asked for a 504 to assure this doesnt happen again. Becuase my son is very bright, GATE, and receiveing accomodations, the school says he doesnt meet the requirements but without the accomodations, he does but they can go back and consider it that way. He goes off to middle school next year. we cant loose the first trimester of every school year because there is no 504. Any recommendations?

  • 91 O’tue 12/31/08 at 1:49 pm

    Lisa,
    If your son does not NEED special education than he should be able to get the appropriate accomodations through 504 or an SST. You can still have meetings with a 504 committee if adjustments need to be made. If he can make it in gen ed with accommodations, he will be better in the long run. You just need to make sure that you remain involved. Ask to meet with or have a phone cenference with the 504 coordinator, so you have better information. Reality is there can be teacher consulatation for interventions in gen ed… just not direct services (SI, AT, OT…)

  • 92 O’tue 12/31/08 at 1:44 pm

    Lori M:
    Make a request for a full psycho-educational evaluation that includes an LSSP. You may need more emotional/behavioral information to substantiate needs. Going to a doctor at this point may only be a helpful. The school needs specific data for eligibility failing grades may be a cause or an effect of behavior issues. You all need to be on the same page.

  • 93 David1 12/28/08 at 10:20 am

    Lori,

    The fact that your son is failing and getting suspended is enough to justify the school doing an FBA (Formal Behavior Analysis).

    You can request a change in placement from a 504 to an IEP in writing. Suspension and expulsion are actually a change in placement but offer no educational benefit to your son.

    Excluding your son from educational services does not seem to be addressing the very behaviors that are getting him in trouble.
    How is the private setting working for your other son?
    You are experiencing the difference between 504 and IEP in education.

    Good Luck!

  • 94 lori 12/23/08 at 9:38 am

    I have twin boys one has an iep and the other has a 504. The one with the iep the school has managed to get rid of him from shcool although they are paying to send him to a private much smaller setting. the one with a 504 is allways being suspended and they never give me any proof of what they say he has done. Now they are talking expullsion I need help. He is failing all of his classes and I have requested several times for him to be retested and they refuse saying not until I take him to the doctors to see if has add or adhd. PLEASE HELP he is only 15

  • 95 Lisa 12/15/08 at 3:18 pm

    ENDING THE IEP

    My son’s teacher has suggested ending his IEP because he is only receiving consultative services and doing well. I prefer that he keep it because you never know what the future brings. Can the IEP be removed if he doesn’t go to resource?

  • 96 Kevin 12/13/08 at 4:59 pm

    Kevin, This is a very valuable resource. Thought you might want to check it out.

  • 97 O’tue 12/12/08 at 10:29 pm

    I agree that this makes no sense. It is double work. Parents do need to understand that eligiblity for sp ed is defined by the states interpretation where as 504 is federal, there is some interpretation but sp ed has specific legal requirements.One is not better than another (504 is recognized by college tho). I think it also needs to be made clear that outside evaluations must be considered but do not create eligibility. One parent had a child that had a 3 hr eval in a dr’s office (actually done by an assessment specialist paid by them and he signed it even though he was the nueropsych) and it is very different from the one completed by the school. Why? Because the school evaluator took breaks and broke it up over 2 days. Cost $3k for a third party. The school cost nothing;the parents thought it was a better picture. Go figure.

  • 98 David 1 12/04/08 at 9:26 pm

    Chuck,

    I would never assume that all schools operate the way that our son’s school has.

    There is an interesting study in this site below that represents the opinion of numerous schools.

    http://www.wrightslaw.com/advoc/articles/ALESSI1.html

    Parents that are educated about their child’s rights and educational needs will be able to recognize if they have the luck of the draw and have landed in a school environment that will allow their child to make measurable educaitonal progress.

    If more schools practiced compliance of IDEA, most of us would have never heard of Pam or Pete Wright.

  • 99 Crystal 12/03/08 at 4:23 pm

    Thank you very much. I just refuse for my son to slip through the cracks because he is high functioning and that seems to me to be the reason for this. I am learning and strive to learn more to help my son and maybe in the future others. Again thank you and I have now become the biggest book worm devouring anything I can get my hands on. Someone stated,” Parents are the biggest advocates for their children!” how true that statement is and beleive when I say they lit a fire under this mother one- they might regret!!!!

  • 100 Chuck 12/03/08 at 4:07 pm

    You have obviously had lots of bad experiences. The comments that you make in the first 3 paragraphs do occur, but to say that this is true of all schools is not correct.

  • 101 David1 12/01/08 at 9:36 pm

    Parents who assume that your child’s school has your child’s best interest in mind, do not understand the negotiation process that they are in.

    Schools are budget driven and staff will be coached to say what they need to say to keep cost at a minimum.

    Regardless of diagnosis, staff will have you believe that an IEP and 504 are one and the same. Our school did the ASDS to measure the likelihood of Autism for my son. It was off the chart.

    The “structured” environment that they offered was an E.D. placement in an alternative class. (portable that is fenced and locked gate).

    They do not consider this to have been a punishment for having a disability.

    Learn your child’s rights and Exercise them……