I am under the 504 plan because of my ADD, Does this mean i have or at least should have an IEP?

Question

Can I have both? Do I need to apply for an IEP? I am a High School student and I do receive certain accommodations under my 504 plan but these accommodations from an IEP I don't know I have or just the 504?WHAT ARE MY RIGHTS?

Answer 1

If you have 504 you can't have IEP at the same time. But if you have IEP you automatically have 504 at the same time.

If you try to get IEP then 504 will be combined with that, you can't get both separate.

ADD qualifies for IEP under OHI 'other health impaired' so you CAN get IEP, but the school will have to do testing to see if you qualify for it.

With IEP you get the same help as on the 504  and MORE accoms and modifications than you do with 504 and you'll have more legal protections if the school doesn't do the modifications.

Do you think you have more problems than ADD, such as learning problems?

If so, you should get IEP because 504 is NOT for helping learning problems. 504 is only to 'cope with' your problems.

In order to get IEP, your parent has to write a letter to the district sped director requesting a full educational eval to see if you qualify, AS SPECIFIED BY IDEA LAW.

You HAVE to use that phrase. But be careful, schools are notorious for cheating, lying, being hostile, doing anything they can to get out of providing an IEP.

Go to www.wrightslaw.com this has EVERYTHING you need to know about the laws and process of IEP's and 504 plans.

Answer 2

From what I understand, a 504 plan accounts for the modifications you get during testing like extended time, directions and questions read aloud, separate location, etc. An Individualized Education Plan (IEP) is a report of a child's entire education program for a year including the type of special education class setting; present performance, social/emotional/ physical performance and goals, and academic goals to be met within a year. The IEP also includes the classroom and testing modifications, criteria for promotion and services the child receives like speech or counseling.

Overall, the IEP is more extensive than a 504 plan and is for children who receive special education services. A 504 is not necessarily for sped students but those with health management needs that might potentially affect academic work. Ask yourself if you potentially want to move to a more restrictive classroom setting (further into the depths of special ed) in order to have an IEP.

Answer 3

I personally think that an IEP is better because a teacher, by law, has to follow and IEP. If I were you, I would get an IEP.

Answer 4

IEP's and 504 Plans are covered by different governmental acts.

IEP's and their provisions are governed by the Individuals with Disabilities Education act. This applies to children with a diagnosed learning disability that hinders their ability to progress in school. This does not mean the occasional D or F, it means they are unable to be taught using conventional means.

Section 504 is from the Americans with Disabilities Act. It is a civil rights law that access to education cannot be limited on the basis of a disability. A diagnosed learning disability is not required to get a 504 plan, nor is testing necessary. While there aren't as many requirements to be on a 504 plan as there are to get on a IEP, you don't have the same detailed protections either. This provision is often used for ADHD students who need fairly minor accommodations to the regular curriculum.

To get an IEP, your parents will have to ask for testing that goes through the school counselor. However, you must be failing in school or having serious problems. IEP's are  based on educational relevance. You will need a doctor's diagnosis of the ADD. This will make you eligible for special education services, if you qualify, under the category Other Heath Impaired.

To find out more about these questions, go to the Wright's Law website. It will tell everything you need to know about special ed law.

To get on an

Answer 5

If this is a serious question, then maybe you could do a bit of work on accepting more responsibility for yourself.

Answer 6

Section 504 of the Rehab Act is a civil rights law which ensures that children with disabilities - and the definition of "disabilities" is quite broad - receive services and/or accommodations that will allow them access to the general education curriculum and all the same education or school-related opportunities as their nondisabled peers.

The Individuals with Disabilities Education Act (IDEA) is a set of guidelines for states in providing educational services for students with disabilities (this law is much more specific about what qualifies as a "disability," there are categories which must be met).  It is IDEA that created the Individualized Education Program or IEP.  An IEP need not be any more restrictive than a 504 plan - the specifics of the students' placement, services, and accommodations are determined by a team which includes parents, teachers, and other school personnel.  Oh, and also the student, if appropriate.

There's an online tutorial at one of the PTI sites that explains the difference really well:

http://www.fndfl.org/PEN/Forms/Wkshp_Reg...

It's good that you're asking questions like this!  Keep it up and become truly involved in your own educational future!

Answer 7

Section 504 guarantees a child access and opportunity, IDEA, which is what an IEP falls under guarantees access, opportunity plus educational benefit.

Call your state PTI (Parent Training and Information Center)  Every state under IDEA (Individuals with Disabilities Education Act) is required to have at least one PTI.  

Another great resource-Go to www.wrightslaw.com