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Thread : IEP vs. 504 Questions  
23 Jan 2009 @ 10:31 AM
Allison Join Date: Wed 22nd Oct 2008
Threads: 1 Posts: 11
IEP vs. 504 Questions

Posted by Allison - Jan 7 2009 @ 1:44 PM What qualifies a child for IEP & how to get assistance w/504? I recently met with the middle school counselor and school psychologist to find out the differences in supports provided by an IEP and a 504. The psychologist told me that an IEP does not provide supports or accomodations for executive function problems such as organization. He also said that our daughter doesn't qualify for an IEP because she is succeeding academically. He claimed that she was best off with a 504, which provided the "least restrictive environment." He also said that she could not be assisted by a peer helper because that would involve another student in a 504 plan. He assured me that the school personnel would "take care of her." After 6 years of such assurances, with small results, I am at a loss. Our daughter's private counselor had recommended that we request an IEP for her because coping with the demands of middle school is quite stressful for her due to her poor executive functions. She is currently on a 504, and has been since 4th grade, but throughout her adademic journey, teachers have consistently refused to make sure she records homework in her planner, packs the needed materials for homework, and turns in completed homework and classwork on time. They say it is her responsiblity and that she must learn these skills to survive in the "real" world. No educator has been willing to use behavior modification techniques to teach her to complete these tasks. The most they have done is add another step for her to complete - bring her planner up to be signed after recording homework, leave homeroom to record homework in another class, get parent signatures on papers. Teachers have scolded, punished, and nagged, failing to see that no change occurred. Some have given gentle reminders and treated her more kindly than others. She has been extremely depressed and emotional at times, and says she is "stupid." She holds it together at school, but often has long crying spells when she gets home. Is the school psychologist correct when he says our daughter doesn't qualify for an IEP? Is that something that varies from district to district? Is it true that an IEP doesn't address executive function skills, but only academic skills? Do you have any suggestions about how I might get this seemingly simple assistance for my daughter? Thank you!

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23 Jan 2009 @ 12:20 PM Reply # 1
Anni Join Date: Thu 25th Oct 2007
Threads: 18 Posts: 416
ADHD Accommodations

Hello there:

How frustrating! I'm not an expert on ADHD accommodations, but it sounds like you're not getting all the help your daughter needs or deserves. In general, the process goes like this...

1. Get a school-sponsored evaluation

2. If your child qualifies for special-ed services under the Individuals with Disabilities Education Act (IDEA), you will become part of the team that develops an Individualized Education Program (IEP). The IEP specifies your child's educational goals and how those goals will be met -- my understanding is that those goals and accommodations can indeed include organizational things.

For more official insight, take a look at the federal Education Department's Guide to the Individualized Education Program. It describes the required provisions of an IEP and even shows a sample plan.

I would also recommend reading ADDitude's free report about classroom accommodations, which includes more specifics.

Good luck and keep pushing - your daughter deserves to succeed at school!

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26 Jan 2009 @ 1:11 PM Reply # 2
Patti J. Join Date: Fri 25th Jan 2008
Threads: 1 Posts: 61
IEP vs. 504 Questions

Search for NCLB (Federal – No Child Left Behind) statutes. §§300.000 et al (to end). First of all, your pediatrician apparently DOES NOT know the Federal (and possibly State) laws regarding 504/IEP’s. Otherwise Dr. would know that these are mandated laws that school districts have to follow. A Section 504 is: “if the teacher/school district ‘choose’ to follow accommodations/modifications they will”; if they don’t want to they are NOT mandated by any laws to do so. Too many parents are not told these things and find out after the fact and have issues getting IEPs for their children. So you get excuses from teachers, administrators, etc. I have been getting this stuff for 10 years until early 2008 when my family member (a teacher that used to help setup IEPs for her students) helped me get my then 15-year-old on an IEP up from a Section 504. Even with good grades, that doesn’t mean your child should not get accommodations to help them through the day. That is a poor excuse. See the Additude Mags list of excuses and responses. Some really great stuff there to use for refusals to get your child help. My family member keeps telling me that parents have more control that they realize getting accommodations. Well, I saw how that worked. I wasn’t using the right terms I guess. Get to know the abbreviations, the Section numbers of the laws (§§300.000 – et al) of the NCLB (they only give you so much information, because they don’t want to have you too much knowlege), your child should be under the “Other health related” determination for American With Disabilities Act and under IDEA if there are no other health choices for an IEP. When I middle school they should also be starting to get ‘transitional’ help. Learning things for when they leave high school. There is info on this in NCLB information/statutes too. Most ADHD children are under the “Other Health Related” part for an IEP. When a school district has an IEP, it is mandated by law to follow accommodations/modifications listed. Again, Section 504 is not. It can be hard to get some accommodations/modifications, but what you ask for is pretty much what I have asked and those don’t actually cost additional $$$$s to the districts. It just helps with organization skills (where your child needs most help); and, if your child needs extra help, a learning/resource center period to help them through the studies and a place to go where it is quieter, more personal help. Make sure you get what you need and stay on top of it with the district. Read, read, read anything and everything you can about getting an IEP, accommodations, modifications, etc. There are some good sites. Just google.com/Ask.com ADHD, NCLB, IDEA. I have been pleasantly surprised to find a lot of good information. And remember the parent representative on the IEP committee works for the School District, so many times (not all) is not going to be extremely helpful if you deal with them. They may have good ideas, suggestions, but are still school district people. Try to find someone outside of the committee. Although they can be good sources of information and direction. Good luck.

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27 Jan 2009 @ 12:30 AM Reply # 3
Allison Join Date: Wed 22nd Oct 2008
Threads: 1 Posts: 11
IEP vs. 504 questions

Thank you Patti and Anni for all your good advice. I will follow through on it.

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8 Mar 2009 @ 3:29 PM Reply # 4
Kristin Join Date: Thu 10th Apr 2008
Threads: 1 Posts: 2
Get squeeky!

Become an expert on the laws. Then set out to get what your daughter needs and don't give up until you've reached your goal. Start out sweet (sounds like you already are), then get sweet and salty. If that fails, go straight to salty and squeeky!! It's sad to have to proceed like that, but it sounds like that's what it will take. Forge ahead! Kristin

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13 Jan 2010 @ 10:55 AM Reply # 5
eabeam Join Date: Tue 12th Jan 2010
Threads: 0 Posts: 97
Re: IEP vs. 504 Questions

Here are the bare bones.

a 504 plan is accommodations only - You have to have a disability, and it has to be shown to impact learning or other life issues. There are not services or funding streams associated with 504.

An IEP provides specialized services - You need to have a disability AND and an inability to access educational benefit without specialized services. Therefore, if they can see that she is receiving an educational benefit. (of which grades are ONE measure, but not the whole story), an assessment would be a moot point.

To the question of IEPs and executive functioning, there are very few rules as to what an IEP can/cannot provide (for example medication or medical devices). The IEP has to be designed to allow the student to get an educational benefit in the least restrictive environment possible. If that is cognitive coaching/study skills support, then the need should be met.

http://askdreric-schoolpsychologist.blogspot.com/

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Allison said: Posted by Allison - Jan 7 2009 @ 1:44 PM What qualifies a child for IEP & how to get assistance w/504? I recently met with the middle school counselor and school psychologist to find out the differences in supports provided by an IEP and a 504. The psychologist told me that an IEP does not provide supports or accomodations for executive function problems such as organization. He also said that our daughter doesn't qualify for an IEP because she is succeeding academically. He claimed that she was best off with a 504, which provided the "least restrictive environment." He also said that she could not be assisted by a peer helper because that would involve another student in a 504 plan. He assured me that the school personnel would "take care of her." After 6 years of such assurances, with small results, I am at a loss. Our daughter's private counselor had recommended that we request an IEP for her because coping with the demands of middle school is quite stressful for her due to her poor executive functions. She is currently on a 504, and has been since 4th grade, but throughout her adademic journey, teachers have consistently refused to make sure she records homework in her planner, packs the needed materials for homework, and turns in completed homework and classwork on time. They say it is her responsiblity and that she must learn these skills to survive in the "real" world. No educator has been willing to use behavior modification techniques to teach her to complete these tasks. The most they have done is add another step for her to complete - bring her planner up to be signed after recording homework, leave homeroom to record homework in another class, get parent signatures on papers. Teachers have scolded, punished, and nagged, failing to see that no change occurred. Some have given gentle reminders and treated her more kindly than others. She has been extremely depressed and emotional at times, and says she is "stupid." She holds it together at school, but often has long crying spells when she gets home. Is the school psychologist correct when he says our daughter doesn't qualify for an IEP? Is that something that varies from district to district? Is it true that an IEP doesn't address executive function skills, but only academic skills? Do you have any suggestions about how I might get this seemingly simple assistance for my daughter? Thank you!

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