Would it be better to recieve services under Section 504 or IDEA?

Question

This is a hypothetical question. If a student has ADHD, which law would provide better services, assuming the student qualifies for either one (IDEA and/or 504)?

Answer 1

To me it would be better to get the 504 plan b'cus when it comes down to your child having to take test, and the child doesn't do very well on the test, the teacher will have no choice but to give the test back to the child and let him/her retake it. Also, it allows the child to be able to get extra help with subjects that he/she is not passing, something like a tutor. I really like the 504 plan b'cus actually you as the parent can pretty much tell the teacher how to run your childs eduation, but in a good way of course! However, I think that the only way that your child can get a 504 plan is if he/she is failing (F) a subject, or if the child is ADHD or some other sort of learning disability. Hope this works for you!!! Be blessed!

Answer 2

Assuming that the child is eligible for either one, IDEA offers more protection.  504 plans, by law, do not have to be written, do not require parents to sign anything and can be stopped without prior written notice.  IDEA, on the other hand, requires IEPs that are created in conjunction with the parents, must be accepted by the parents and (technically) schools can't stop services without parental consent.  But enforcement of either law is weak.

Answer 3

You should get the services under the plan in which you will be  qualified for.

Answer 4

As always it depends on the student and circumstances.  If the student needs modifications in their enviroment and perhaps some testing accomodations (like a scribe or extended time) or extended time to complete assignments go 504.

If a student needs related services like OT or speech, needs academic mondifications at a significant level, needs small group instruction, needs specific social skill instruction etc.  You would need to pursue an evaluation to see if the condition meets the criteria for educational impact.

504 are NOT special education programs and are NOT under IDEA - they are regular education programs and come under the Office of Civil Rights.

Answer 5

An IEP will definately allow for much better services, and also allows a student until their 22nd birthday to complete the high school diploma, among other things. The laws are much more stringent with regards to what the schools are required to do to accomodate and educate the student. Under IDEA, with an IEP, a student is legally entitled to a free, appropriate education. The key is, appropriate is what meets the needs of the child.

I'd always opt for the IEP.

Also, one bright side to a child being classified E/BD or EH, or ED, (with an emotional handicap, fairly rare with AD/HD, but not unheard of) they can never be drafted into the military.

Answer 6

To me, it's better to have the least restrictive environment possible.  If a student can make it in regular ed with accommodations, they should be served with a 504.  If they have a severe enough need to require Special Ed sevices, then an IEP is best.  I think people forget that you have to have a need for special ed services in order to get an IEP.  That's the 3rd criteria behind medical condition and adverse affect.  So going along with your question, in the broader sense, it's better to be less disabled than more disabled!

(for the record, all kids who get IEP's are covered under 504).

Answer 7

504 only covers accommodations for handicaps, it does not provides supports for learning difficulties. So, if you use a wheelchair, then it would demand that all classrooms are accessible by wheelchair, so that you aren't forced to skip a class because you can't reach it (which was very typical thirty years ago when the law was passed, and still happens frequently) If you are blind, you need classwork in braille or have a reader. etc etc. So an IEP would state that not only do you have accessible classrooms (as in 504) but that you also have five extra minutes to reach your room, as well as being able to keep books in the room so that your wheelchair is not weighted down, etc.

ADHD does not have difficulties with accessibility, so an IEP would be needed to address the individual supports for each symptom that would affect learning. Good luck...adhd is often very difficult to get schools to address and provide special services for, often the school will state that none are needed.

Answer 8

The child can qualify for either one. But, if a child qualifies for IDEA, he automatically gets 504.

If he has 504 he does NOT have IDEA.

I can't say which one would provide better services, public schools are corrupt when it comes to special ed.