Does My Child Need an IEP AND a 504 Plan?

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“Does my child need an IEP for speech therapy and tutoring and a 504 Plan for accommodations and academic interventions?”

No. Your child with a disability does not need an IEP for some needs and a 504 plan for others.  Having two plans is confusing, more work and is unnecessary.

If your child’s team doesn’t understand the legal requirements for educating children with disabilities, they may prepare both forms. If the team prepares two plans to meet one child’s needs, it’s far more more likely that someone will drop the ball.

A properly written IEP can meet all your child’s needs . . .If your child has a disability and an IEP, your child is automatically covered by Section 504. The IEP must address ALL the child’s needs that are related to the disability, including accommodations and modifications. When your child has an IEP, you and your child have many more rights and protections than a child who has a 504 plan.

Pat Howey, an Indiana advocate, describes the Key Differences Between Section 504 and IDEA. (https://www.wrightslaw.com/howey/504.idea.htm)

Summary of Rights Under Section 504, the ADA, and the IDEA by Pete Wright (https://www.wrightslaw.com/info/sec504.summ.rights.htm)

Wrightslaw Note: If you are confused about how to manage your child’s special education program during the last year of high school, we encourage you to read Persistent Myths About IEPs, 504s, College Admissions, and Accommodations for Students with Disabilities by Elizabeth Hamblet.

Elizabeth is an expert on transition and the author of From High School to College: Steps to Success for Students with Disabilities, a unique step-by-step guide for college-bound students, their families, and the special educators and school counselors who work with them.

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Lin
08/22/2020 1:45 am

Yes, I looking for help. I looking for a ADA lawyer in Calfornia. I have a daughter with mulitiple disabilities and need help. They are denying her an IEP. I just getting the run around and people I reach out to are not getting me any where.

Ashlee
03/12/2020 11:38 am

My 9 yo son had a 504 plan for his ADHD, he takes medication which helps him tremendously, he also receives private therapy. He had an FIE completed and speech therapy is needed. They created an IEP for him to receive these services & copied & pasted his ADHD accommodations from his 504 plan. However there are no goals or objectives for ADHD, nor do they mention his ADHD anywhere in the IEP. If they moved his accommodations to the IEP shouldn’t it state somewhere what specifically those accommodations are for (ADHD) and now that it is in an IEP don’t they legally have to create goals and objectives for these items or no? The school declined to add these due to him passing all academic areas, & no discipline/behavior problems (had issues @ begin of yr)

bob
03/13/2020 9:36 am
Reply to  Ashlee

Only if he was found eligible under OHI would they add goals to address the ADHD. Since you can’t have both a 504 plan and an IEP, they have added the necessary accommodations which have made him successful in the IEP.

Kelli
02/28/2020 3:51 pm

In my co-op (in Illinois) staff are made to believe that OT cannot attach to a speech only IEP. I would like to see a law that state’s this! We have other co-ops that I know of that allow this. Is there anything in the law that prohibits OT from attaching to a speech only IEP?? I think this is ridiculous! Also, I know a student who has a 504 for PT and a speech IEP because staff was told PT couldn’t attach to a speech IEP!! Help!

Chuck Noe
02/28/2020 5:48 pm
Reply to  Kelli

Is speech can be a “stand alone” special education services then related services can be provided. Appears that the ISD has not checked with the state education agency or are trying to save $.

Tabitha
02/24/2020 8:22 pm

So my daughter has an IEP is severely disabled medically fragile high needs kid. She has an IHP as part of her IEP its referenced and needed in order for her to ho to school. Shouldnt she have a 504 posn instead of the IHP. School says IDEA protections doesnt apply to IHP and she cant have both IEP and 504. What if i want the 504 instead of the IHP?

Lisa P
03/04/2020 2:10 pm
Reply to  Tabitha

Your daughter should receive 504 protections under the IEP, so a separate 504 shouldn’t be required.

Jason
10/17/2019 10:58 am

My son currently has a 504 and an IEP. Is there any rule of law or statute that says he cannot keep both because his current school district is trying to dissolve the 504 plan?

Chuck
10/17/2019 12:36 pm
Reply to  Jason

As a child with an IEP, 504 protections covers him. Typically there is not a 504 plan. Needed accommodations should be put into the IEP.

Tabitha
02/24/2020 8:26 pm
Reply to  Chuck

What if the IEP just says look at IHP that wouldnt be sufficiently

Dana
01/14/2020 2:13 pm
Reply to  Jason

My daughter school say’s it is a law that says that she can’t have a 504 plan and a IEP at the same time !

Chuck
01/15/2020 4:55 pm
Reply to  Dana

That is an interpretation of the 2 laws. If a student moves from a 504 plan to an IEP, what is in the current 504 generally should be put into the IEP. If a student moves from an IEP to a 504 plan, some services & rights will not apply.

Tabitha
02/24/2020 8:24 pm
Reply to  Chuck

Where is it in the law?

Chuck
02/25/2020 11:50 am
Reply to  Tabitha

IDEA mandates FAPE addressing all of student’s needs. 504 mandates access to the same education all students get. Then teams, administrators, attorneys, & courts get involved in interpreting the law in general, & for specific students.

B.
04/22/2019 8:27 pm

A student has an IEP for articulation errors (speech only/speech-language impairment classification) and parents are requesting accommodations related to perceived ADHD (not included in the reevaluation/eligibility determination/ no doctor note). How would you document/ justify/ represent the need for accommodations related to ADHD in a speech only IEP? Can they have an IEP for speech and 504 for ADHD? What would be the best way to document and provide services for this child?

Marcus
04/23/2019 5:34 pm
Reply to  B.

Has the child been evaluated for ADHD. If not than what the parents should do is request the school to test him to see if he does have ADHD. If he does have this they could have ADHD added to his IEP as well if he has goals to work on. The accommodations and modifications can be added to the IEP if needed. Hope this helps.

tasha
04/24/2019 1:51 pm
Reply to  Marcus

In many states ADHD is a medical diagnosis and the school cannot diagnose. In those states, it is better to start with the doctor to see about a diagnosis.

Peter
04/24/2019 9:39 am
Reply to  B.

I believe the IEP should be developed to meet the unique needs of the child resulting from having a disability. IDEA doesn’t categorize specific services for specific disabilities because that would deny the uniqueness of the child and fail as a person centered approach for support.

For example: say a child has an articulation disorder that causes them to be teased and isolated from their peers. If that child becomes withdrawn, anxious, inattentive etc., their IEP should address those concerns too.

So a child could need support for inattention and organizational skills, (supports typically be associated with ADD) but that resulted from an entirely different diagnosis.

Bret
04/04/2019 4:57 pm

My son has an IEP and the school sent us to his doctor requesting that he get a 504 recommendation. We had filled out all the evaluations forms, as did the school, then they refused to add a 504 plan with his IEP. My concern is the IEP does not protect him under the Civil Rights Act/ADA whereas the 504 would/does. What can I do now? I want to move him out of the public school but the private school does not have to honor the IEP but would have to honor the 504. Thanks,

Peter
04/05/2019 2:52 pm
Reply to  Bret

Section 504 of the Rehabilitation Act of 1973 is about protecting people with disabilities from being denied access to any program or activity that receives Federal funds. IDEA ensures students with disabilities have the same access to education as their typical peers. I’m not sure how things work in you state, and if there are additional protections, but if you move your child to a private school, they lose their right to a Free Appropriate Public Education (FAPE.)

In my state there are some added protections for students that are eligible for certain scholarships (Autism and others) and attend private schools using those state funded scholarships. It’s worth checking if there are similar rules in your state.

Chuck
04/05/2019 3:27 pm
Reply to  Bret

504/ADA covers students with an IEP. 504/ADA covers those with a history of having a disability, which your child does.

E.
05/10/2018 10:48 am

This is incorrect. Each law provides different benefits and rights. Under IDEA, education benefits are sufficient. Under ADA, must provide equal opportunities. In practice, particularly for high performing students, ADA may provide better benefits than IDEA.
Also, rights and liabilities are different. So it is important to have a plan that meets the requirements of EACH LAW

Christine
05/10/2018 10:46 am

This is an irresponsible suggestion to “switch” anything at any specific time– the needs should be determined by the child and the team. It’s fine to be involved but to make such a suggestion is innapropriate and could cause harm

Kim
02/01/2018 9:22 pm

Hello, my son had an IEP in place but all of the public preschools were full. The school said they had a contract with a local Catholic school that would take him but they would need to change his IEP to a service plan. Should I be concerned about this? He would only attend for the remainder of this school year and next year would be in a public preschool. Will he still receive his speech and ot services that his IEP offered? Also will it be difficult to get him back on his IEP for next school year? I am wondering if I would be better off to just have the itinerary teacher come to my house? I really wanted him to have the socialization that preschool offers but I don’t want to do something that will hurt him in the long run.

Chuck
02/02/2018 2:31 pm
Reply to  Kim

You need to check with the special ed director. Typically service plans do not cover everything in an IEP. The district is responsible for providing everything in his IEP. You may want to contact your state parent training and information center to find out the state rules on this. http://www.parentcenterhub.org/find-your-center

A. Garcia
01/31/2018 5:09 pm

My son has a 504 plan. A full assessment was completed when he was in 2nd grade due to him performing below grade level. They basically said that my kid is too smart and does not qualify for an IEP. 2 years later he was diagnosed with Autism Spectrum Disorder and then came the 504 plan. I have a meeting at the end of the week and I would like for him to have an IEP. Can I request this now that he has an official diagnosis?

Chuck
02/02/2018 2:47 pm
Reply to  A. Garcia

Absolutely. Make a request for an evaluation in writing to the campus, & the special ed director. Your state parent training and information center can assist you in dealing with the school and learning the rules on students with high intelligence. http://www.parentcenterhub.org/find-your-center

jessica
11/13/2017 10:28 am

My daughter has dyslexia and adhd. The school is trying to tell me that she doesn’t qualify for services under OHI for her adhd but does qualify for services under SLD for dyslexia. They want to draw up a 504 for adhd accommodations and an IEP for her dyslexia. This sounds so off and they are drawing a line in the sand defining each disability. Any advice on how to Approach this? I feel like they are defining each of her disabilities and putting pressure on me to do something I feel is not right.

Chuck
11/13/2017 4:11 pm
Reply to  jessica

Under an IEP the team must identify all of a student’s needs & address them. So if a student has an IEP, a 504 plan is not needed. I suggest that you contact your state parent training & information project. http://www.parentcenterhub.org/find-your-center They are familiar with the federal & state rules & can assist you.

jenny
10/24/2017 1:46 pm

My son has been on an IEP since pre school for speech. He was just recently diagnosed with ADHD and has a hearing problem in his right hear. Which we are getting looked at with an ENT dr. He has been written up for listening and disruptive problems. He just recently signed up to be in a play at school and she tried to not let him because of his write ups in prior to his diagnosis. She stated that he does not have it in his current IEP and that it needs to be updated. The caseworker at the school told me she needed a statement from the Dr. that he has ADHD and she’d put it in his file and we can update it at his next IEP review. Should I have asked for a meeting to update it as soon as he was diagnosed? I did inform the principal that i wanted a meeting ASAP so we can add that into his IEP.

Marcus
10/24/2017 5:31 pm
Reply to  jenny

Jenny I would have just to make sure that everything is in the IEP. Imp meeting can be convened when needed.

Taylor
09/21/2017 12:49 am

My son has ADD /Anxiety disorder he has had 504 at the school before . We moved and now back. I address my sons issues with the teacher on day 1, told her I have to get him retested for his new 504 plan but in the past this is what’s going on and please don’t single him out, and his meds make him frequent restroom. I’ve had to email her 2 more times and I’ve talked to principal . They continue to go against my wishes on putting him in small group , he thinks the kids think he stupid etc . And will bully him because he was bullied a year ago and attaked at school. Can the school continue to put him in a small group for learning although I told him I would provide his outside school help?

Gladys
09/07/2017 11:07 am

My grandson’s school is recommending a 504 as an “interim” so they can make accommodations while he is going through his IEP evaluation. Is this appropriate? He needs the accommodations now so, if the 504 won’t interfere with the process of getting the IEP, is it a good interim fix.

Chuck
09/08/2017 12:02 pm
Reply to  Gladys

If they have committed in writing to do a special ed evaluation & had you sign the consent for evaluation, this does seem like a good interim fix. Be sure you know what the state timeline is for completing the evaluation, & you monitor that they meet it.

Jennifer
08/28/2017 12:28 pm

Hi I had my son tested for dyslexia and related learning disabilities and in part of the summary it states:

“[XXX] exhibits sufficient symptoms of dyslexia, dysgraphia, and dyscalculia for a diagnosis of the disorders, and as such, he meets the DSM-5 criteria for a Specific Learning Disorder with impairment in Reading (315.00), Written expression (315.2), and Mathematics (315.1). In addition, [XXX] is reported to exhibit a sufficient number of inattentive and hyperactive impulsive symptoms across settings to support a diagnosis of attention deficit hyperactivity disorder, combined presentation (314.01).”

With this diagnosis, can I get him an IEP plan?

Chuck
08/29/2017 1:08 pm
Reply to  Jennifer

Yes, if this diagnosis was done by school staff. If it was not, then the school will have to decide whether to accept this testing, or to do their own.

Kimberly
08/22/2017 4:26 pm

My daughter is 9 and in the 3rd grade she has adhd and is on a 504 plan for reading my question is is her teachers required to read everything for her. Because she says her teachers are not reading her work to her

Chuck
08/25/2017 1:09 pm
Reply to  Kimberly

Not unless her plan says that they are to do that.

sheri
11/15/2017 9:19 am
Reply to  Kimberly

Dear kimberly
I need ur advice please I am
worried my son is 6 and diagnosed with adhd
he have mild symptoms but can u guide me does it get worse by time ????
he runs alot when hes alone especially
and smtimes silly and slow processing while homework few area are ok and in crowd of kids he gets disorganized or lost and very shy. doc give him sm medicine
but overall he looks normal and behave very good.
I argued with iep and finally i used my right to put him in inclusion setup of grade1 in sep 2017
because in kindergarten he was in self contained class room where he was not doing good socially
because after going two weeks in inclusion setup due to some family emergency we went out of country now he will go back in dec 8 in same inclusion class .
please waiting for reply .

Jane
08/15/2017 7:25 pm

My daughter currently has an IEP for SLD (dyslexia). She was just diagnosed with Type 1 Diabetes and no one seems to know (at the school) if she needs a 504 or to have a new eligibility meeting for her IEP. My thought was that new accommodations need to be added to the IEP to address areas such as allow extra time (1.5x regular required time) to makeup classwork, homework, assessments and complete assignments due to high or low blood glucose or diabetes related tasks or ability to test glucose during and after an assessment if there is a known low or treatment of such, then a retake will be made available without penalty, etc..

Would they try to find her eligible under a different category?? or add another category?? HELP!

Chuck
08/17/2017 1:42 pm
Reply to  Jane

Typically, schools add the OHI (Other Health Impaired) label for students with diabetes, since the SLD does not go away. In addition to the IEP a student can have an individual health care plan.

sheri
01/31/2018 6:46 pm
Reply to  Chuck

helo please mr chuck
I need ur advice please I am
worried my son is 6 and diagnosed with adhd
he have mild symptoms but can u guide me does it get worse by time ????
he runs alot when hes alone especially
and smtimes silly and slow processing while homework few area are ok and in crowd of kids he gets disorganized or lost and very shy. doc give him sm medicine
but overall he looks normal and behave very good.
I argued with iep and finally i used my right to put him in inclusion setup of grade1 in sep 2017
because in kindergarten he was in self contained class room where he was not doing good socially
because after going two weeks in inclusion setup due to some family emergency we went out of country now he will go back in dec 8 in same inclusion class .
please waiting for sm advi

Chuck
02/02/2018 2:43 pm
Reply to  sheri

Sheri, There are so many variables with ADHD. There are a number of associations that can provide you with support & info: Attention Deficit Disorder Association https://add.org
– CHADD – Official Site http://www.chadd.org Your state parent training and information center can assist you in working with the school. http://www.parentcenterhub.org/find-your-center

sheri
02/02/2018 8:40 pm
Reply to  Chuck

Thanx for your reply but please can you advice if a kid is slow in maths does inclusion is better option
or self contained
because my son ghave no behaviourial problems but he faces problems in maths

Chuck
02/05/2018 12:47 pm
Reply to  sheri

Sheri, I am assuming you are asking about a special ed math resource class versus specially designed instruction in the regular ed math class. If the general ed math teacher gets enough support, that would be the better option. That support could be consultation & training from other staff, math tutoring during another part of the day, summer instruction, a special ed teacher “co-teaching” in the general ed room. In TX some schools use the “content-mastery” approach. Students receive instruction in the general ed classroom, & then they can go to the content-mastery room to get support in learning the content just covered. No matter where the child is taught, progress must be measured regularly, & changes made if they are not getting closer to grade level.

sheri
02/07/2018 6:11 pm
Reply to  Chuck

Thanxxx dear chuck;
But today at IEP they said my child is not doing ok in inclusion they want to put him back in full time self contained where he get more attention but no social benefits and role modeling.
Teacher showed me his class work that sometimes hes lost. While he’s passing his level tests or weeklies but failing the main curriculum in 2nd mp he passed one maths test modified.
I really dont want to push him back in self contained for us more than academics his social behaviour counts because in self contained all disabled kids are included and very restrictive environment. Thats why i raised my voice and this year in first grade i got inclusion for him, hes very happy there. also he have no behavior issues just lack of focus due to mild adhd and learning disability. I am talking about inclusion class in which hes going right now where general ed kids are mixed as well.
He left selfcontained class or special ed class that was too restrictive, all day he spend with special ed kids, so i request to put him in inclusion.

Chuck
02/08/2018 12:49 pm
Reply to  sheri

Sherri,
It is easier for a school to put a student in a self-contained class than to provide the instructional programs, & support, the student needs, & training & support for the teacher. I strongly encourage you to contact your state parent training, & information project. They know your state rules, & can guide you.

sheri
02/08/2018 3:42 pm
Reply to  Chuck

Thanks really
i will keep updating u too
stay blessed

Marcus
02/05/2018 1:30 pm
Reply to  sheri

Sherri,
Inclusion is always a good option. I see know reason your child cannot be included in general education math. He will probably need some accommodations but he should be okay.

sheri
02/07/2018 6:21 pm
Reply to  Marcus

dear marcus
But today at IEP they said my child is not doing ok in inclusion they want to put him back in full time self contained where he get more attention but no social benefits and role modeling.
Teacher showed me his class work that sometimes hes lost. While he’s passing his level tests or weeklies but failing the main curriculum in 2nd mp he passed one maths test modified.
I really dont want to push him back in self contained for us more than academics his social behaviour counts because in self contained all disabled kids are included and very restrictive environment. Thats why i raised my voice and this year in first grade i got inclusion for him, hes very happy there. also he have no behavior issues just lack of focus due to mild adhd and learning disability. Also if a kid is failing in inclusion then what could be next option? please no self contained or resource room all day its very restrictive.

Nancy
07/27/2017 8:34 am

Yes a child can have both an IEP & a 504. That being said it is not usually necessary because the condition is usually covered within the IEP. My son has an IEP for a specific learning disability he also has a 504 because he is a Type 1 diabetic. His diabetes does not affect his academics, but he still needs accommodation for it, like leaving class if feeling well or extra water breaks, etc..

Jill
05/16/2017 6:07 pm

If my daughter is currently on a 504 because she has a rare bone disease that requires special accommodations (wheelchair, no gym class, no outside recess, etc). She has also been recently diagnosed with a learning disability for reading. We have been told that an IEP is required if we want educational support. Can she have both?

Bethany
05/17/2017 9:58 am
Reply to  Jill

She doesn’t need both, the IEP will incorporate the 504 accommodations and the educational supports in one comprehensive (we hope) document.

That being said, if the child is rapidly heading toward transition and is likely to be attending college or other formal education keeping the 504 plan separate from the educational supports (that often expire with graduation) can make it easier to understand what supports will continue.

OR, you can work with your child’s team to clearly state which are 504 supports and which are educational in preparation for the day where she returns to her 504 plan.

But the most important thing here is that she get the supports in all the areas she needs. If the school wants to do two documents, it’s a pain but it’s been handled before. Good communication is key

mom
05/17/2017 10:55 am
Reply to  Jill

Your child will still have section 504 protection; however, she will not have a 504 plan. All of the accomodations currently in her 504 plan will be added under the IEP. They may add a secondary eligibility of OHI due to her medical condition.

susan
05/08/2017 7:31 am

My son has ADHD, mood disorder, ODD, and deaf in one ear. He went to a private school but now goes to public school. I have brought in accommodation list from old school but new school says he’s doing fine which Is not true. they refuse to do any accom. 4 him, no staff no time. now he is regressing fast since Jan. there is a child that is physical with him a lot which a couple students approached me about he told his teacher and nothing has been done. I’m in the process of paperwork. I have had multiple students and parents approach me about his teacher singling him out. took him in Hall because he can’t sit still. 3 teachers ended up in Hall and raised there voices talking bad about him with him there. told me i need proof kids lie. help please

susan
05/08/2017 4:54 pm
Reply to  susan

I feel like they aren’t trying at all and dont care. the counselor and teachers act like I’ve done something wrong and all 3 meetings I feel like they attack me. they raise their voices and im told no about any accommodation I bring up. my child loved school now hates it

mimi
05/11/2017 1:38 am
Reply to  susan

you should talk to special ed director or board of education never give up please and dnt shake ur confidence whatever they say use your rights or check any other school ur child is ur asset