504 vs IEP

[christieb]

My 11 year old son has ADHD and ODD. He is I. 30 Meditate cd which does not last a full school day. I get emails from certain teachers at least once a week about his behavior or school work not being completed. He currently has a 504 plan but I want to push for a IEP. I’m being told by the principal and CST that they are the same thing and that his 504 will have the same thing the IEP would have. My thought is that they have to be two different plans if they weren’t then only one would be offered to all children. Thoughts?

[Aspen797]

You are right. The ADDitude website does a good job of exploring the differences between the two. The 504 plan is based on giving equal access to the curriculum for kids with disabilities. It requires schools to make necessary modifications or accommodations to access the same schooling provided non disabled kids. If the school does not meet its requirements to do so, you can file a complaint with the office of civil rights.

The IEP is based on giving specially designed instruction to kids with disabilities. The instruction can be to help the child developmentally, not just academically. Social skills and executive functioning skills are two types of instruction that many kids with ADHD need. In addition to specially designed instruction, kids can then also receive related services like OT, Speech, psych, social work, etc. Kids with IEPs are entitled to all the protections kids with 504s have (accommodations and modifications and right to file complaints with OCR). They also have additional protections under the IEP authorizing law, IDEA. Parents and children have many, many more protections under this law, including the right to due process, prior written notice, complaint procedures, etc. For example, behaviors that result from the disability are afforded very different protections which can be very helpful in cases of school discipline.

You may request an evaluation under IDEA to determine eligibility for an IEP. Learn more about your legal rights through this process on the Understood website, the ADDitude website, the Wrightslaw website or by contacting your local parent center for more information at the parent center hub website.

[christieb in reply to Aspen797]

Thank you for the thorough explanation.

[Onthemove1971 in reply to Aspen797]

This is an excellent response. I will add a few things, a child can have any service (OT, Speech, behavioral services) with a 504 plan. The difference is an (a parent signs of on certain area) assessment would show that the is a deficient in an area and then goals need to be assigned by a specialist to be worked on. These goals are then measured and progress is given. I would love to here how he was placed out of the the general education setting without a psychologist and specific goals.

I strongly encourage a behavior plan to help define the issues and how they are being worked on.

[anirush]

My grandson's school did this to me when he was in grade school. Finally in 5th grade, I pushed for an IEP. When he got to middle school the special Ed teacher asked me why I waited so long to get an IEP.

His psychiatrist told me that many schools fight against I.E. P's because it's more federally mandated, it takes the school more time to do the paperwork.

It can be intimidating to stand up against school officials but you need to push for what's best for your child.

[dubstepMaul]

Hi christieb, aspen gave you some great info. I'd just like to add that 504 falls under Education law and IEP falls under Disability law (IDEA = Individuals with Disabilities Education Act). My son started out with 504 and we moved to IEP when he was 9. Disability law has to be applied and followed, it really has more meat to it.

[Elijah1]

Simply put - 504 is a handshake agreement while an IEP is a contract. Which would you want when making an agreement with a merchant or contractor?

About his medication - have you talked with the prescribing doctor that it wears off before school ends? Does he need a higher dose, a booster dose in the afternoon, or a longer acting medication since Metadate CD was made to last about 8 hours or so?

[christieb in reply to Elijah1]

After receiving the email from his one teacher, I did speak to his doctor about a booster. She said to give it another week that maybe it was just a bad day. Following week I received an email from that same teacher. He can’t swallow pills so Meditate seems to be our only option, I open it onto a spoonful of apple sauce. We tried 40mg earlier in the school year but his inclusion teacher said he was out of it during his main classes. So we brought it down to 30mg. I think the booster is our best resolution.

He is currently failing 3 subjects and it’s only October.....I will be pushing for an IEP.

Thank you all for your responses!

[Onthemove1971 in reply to christieb]

What about asking about 5mg and adding that to the 30mg? Are you working with a psychiatrist? They are really best to help you. There is SO much to medication, type, timing and dose. Is he also taking something for focus? Or just impulse control?

[helsiu]

I believe if you make a formal written request for an evaluation for an IEP, by law the principal cannot deny your request. You can google Request for IEP evaluation letter templates. The main thing is giving reason for the evaluation. Is he able to access his education in his current situation?

[Janice_H]

This is not accurate information. A 504 and IEP are not the same thing. You can find very helpful information to understand the differences on the ADDitude website.

[anirush]

Everyone said they are not the same thing.

[christieb]

Recently had the meeting with the CST and they still do not think my son needs a IEP. They recommended the teacher request a one on one aide. I rejected that request since I know the aides are not educators. He has two strong teachers which he acts up on them so I know he would walk all over the aide. I discussed with him that he is failing bcz he never completes his homework and that pulls his grades down. After the talk he seems to be trying harder to complete the work. Now if I can get him to participate in class more.