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Thread : Why do so many settle for 504 Plans as opposed to IEP eligibility?  
26 Apr 2011 @ 10:38 PM
Florida Education Advocate Join Date: Tue 26th Apr 2011
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Why do so many settle for 504 Plans as opposed to IEP eligibility?

In reading the titles to this forum, I see so many people wanting to get 504 Plans. I suspect the reason for this is the school districts often times tell parents that their student doesn't qualify for IEP eligibility.

Actually, there is an ESE eligibility called Other Health Impaired (for ADD and ADHD, but not limited to ADD/ADHD). Each state may have varying ways to determine eligibility; however, essentially they are the same.

In Florida...here is how a student becomes eligible for other health impaired:

1. Need a physician's note indicating a medical exam (within 12 months) showed the child has ADD/ADHD that affects the students ability to obtain an education.

2. Evaluations must be performed. (i.e. psychoeducational eval done by school district)

3. The student must need some type of ESE service (as opposed to an accommodation only.) For example, specialized instruction is an ESE service. Seat preference is just an accommodation. Teach ADD organizational strategies is a service. Allowing for longer times for testing is just an accommodation.

Remember every IEP can have 504 type accommodations.

But, no 504 Plan provides for ESE services.

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2 May 2011 @ 4:16 PM Reply # 1
WittsEnd Join Date: Mon 10th May 2010
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It was all I could get

When I first began the whole 504/IEP process with my son's school, I was not very informed about what the differences between the two were or even how to go about getting one. It took me 2 years, many visits with the school and many tears shed in the privacy of my own home to even get them to agree to the 504. He has had his 504 for 1 year now and I have to say that it hasn't done one bit of good because it is only followed when it is convenient for the teacher, in my opinion. For example, my son is not supposed to be kept in from his recess for not getting his work completed during class, however, he told me on Friday of last week he didn't get to go to any recesses all week because on Monday he didn't turn in his Health assignment. It didn't matter that on Tuesday during the recess he wasn't allowed to go to he completed and turned in the assignment. I feel that an IEP would probably better meet his needs, but for some reason the school was very resistant to putting him on one and at the time I was happy I was able to get anything. Now one year later and hopefully wiser I am re-evaluating that decision. I have made an appointment for my son to have a neuro-psych test completed at my own expense because she will provide his results with recommendations for types of accommodations to be used in the classroom. Based on these results I will be asking for an IEP beginning next year. If they still refuse me and IEP I will be transfering him to another school district the same day, which is ironic because in my area he is attending what is thought to be the "best" school in the area. I suppose it is if you are the "traditional" type student. I have just had it with the attidute of the school when it comes to my son and his needs.

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3 May 2011 @ 12:38 PM Reply # 2
eabeam Join Date: Tue 12th Jan 2010
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I don't get why people don't like 504s.

It seems that people don't like what they don't understand.

504s serve a broader section of people with disabilities. IEPs are absolutely inappropriate for people with an impairment, but can still achieve an educational benefit with modification regular education. There are TWO requirements to be eligible for special education. 1 - Is to have a disability. 2 - Is to need specialized supports and services because you cannot achieve a measurable educational benefit from a modification of regular education (people kind of forget this part).

Whereas, folks who can get a measurable ed benefit, but still have a level of impairment would benefit greatly from a 504.

http://www2.ed.gov/about/offices/list/ocr/504faq.html

They also carry stronger weight into higher education.

Yes, there a abuses in both special education and 504s, but anyone who claims that 504 have no place, that they are unenforceable, or treat them as a "consolation prize" for special education are only showing their lack of understanding on them.

I see this mindset from the same people that try to paint proponents of Least Restrictive Environment as those that just want to deny parents services. Or those that think "more is better" in terms of services, goals, etc. I find it ironic that the research on ADHD and business productivity reveal that focus and prioritization are more important than trying to multi-task, but then insist on IEPs that have dozens of goals and services with no focus or prioritization.

Can people tell stories of districts that abuse parents, deny necessary services, use 504 incorrectly, etc? Yes, you can. Yes, I have seen it too.

However, that doesn't mean that one mentality towards service of disabilities should overshadow individualization, research, reason, attempts to provide as normal an experience as reasonable , avoiding over-pathologizing a problem, and developing the skills necessary for a competitive workplace.

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

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3 May 2011 @ 2:19 PM Reply # 3
WittsEnd Join Date: Mon 10th May 2010
Threads: 2 Posts: 6
I agree...I don't understand

I will have to agree with you that people don't like what they don't understand whether it is the parent or the school. I have to remember to step back and remember that the school administration are not the "bad guys" which has become my attitude towards them, so I guess how can I expect them treat me as anything other than "the enemy". However, I do know that my son is not succeeding in school, they seem to think it is because he doesn't want too and could if he tried and I don't know what to do. When I first started the 504/IEP process I knew nothing about them, I just knew he needed help. The principal told me that a 504 is only used for, this is his example, students who have say broken their leg cannot participate in gym class and need additional time in between classes. I then thought that he would need an IEP. The principal told me that he didn't qualify for an IEP, but I later learned that he could qualify for both of them. My biggest complaint is the amount of homework that he has to do almost every night. This is my son's day. He gets up at 630, leaves for school at 730, at school from 8-330, attends tutoring 4-5, comes home and does homework from 5-6, eats dinner, goes back to homework from 645-9, goes to bed at 9 regardless of what homework is done. This is too much, but I can't get the school to reduce the amount of homework for him. I was told that in order to do that he would need an IEP, but they still say he doesn't qualify for one. The last time I was at the school speaking with the principal he told me that they could put him in special ed and then all that he would have to do is visit all day. They are frustrated, I am frustrated and apparently neither of us know the difference between and IEP and a 504.

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23 Aug 2011 @ 11:32 AM Reply # 4
mskris Join Date: Thu 30th Jun 2011
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IEP vs. 504

My son had a 504 in elementary school (ADHD + comorbidities), and we converted to an IEP before high school. However, the IEP goals all seem to put the onus on him (eg, complete 95% of homework assignments on time), while not really teaching him strategies to accomplish them. I'm revisiting this year.

My daughter had an IEP (diagnosed LD in reading in first grade), and they want to exit her now (8th grade). I've hired an education attorney, education specialist, neurodevelopmental pediatrician, etc. to fight the district. They told us she didn't qualify for either a 504 OR an IEP because she's a straight-A student!! Due process hearing 9/21-22/2011.

Sigh.

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