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Darlene:  Is it against the law to have both, 504 and IEP?

  1. Darlene –

    It’s not actually against the law, but it is redundant. OCR, the office that enforces Section 504, instructs districts against it.

    Students who have an IEP have all the protections of IDEA AND Section 504, and having an IEP is one way that schools can meet their Section 504 obligations. There’s nothing that can be included in a 504 plan that cannot be included in an IEP.

    Strictly speaking, there’s nothing that can be included in an IEP that cannot be included in a 504 plan either. But IDEA offers parents and students additional procedural protections that Section 504 does not.

  2. Not against the law as far as I know. But I hear that many Districts consider an IEP to fulfill the requirements of a Section 504 plan, so if a student has an IEP, then a 504 plan is not necessary. Although I suppose that there are time when both are necessary, say a child who uses a wheel chair (needs 504 for access to the facility), but who also has dyslexia (needs individualized education).

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