504 and IEP-so frustrated!

[joshsmom]

Hi completely frustrated with ds school right now. They say now that he has an IEP That his 504 goes away. I do not understand this. His IEP is for his education and his 504 is for his severe food allergies. Is this true? Please help so I can deal with the school. We had to hire a lawyer just to get the IEP last year!

[Macabre]

An IEP can include the same accommodations as a 504 but the procedural safeguards differ a bit. And IDEA funding can follow. But best I can tell a 504 will follow to college but not an IEP.

[Macabre]

I would request a meeting to discuss the LTFA accommodations I'm the IEP. In writing

[LinksEtc]

Here are a few links ...


"Does a Child Need an IEP AND a 504 Plan?"
http://www.wrightslaw.com/blog/?p=122


"Difference Between A Section 504 Plan And An IEP"
http://www.education.nh.gov/instruction/school_health/faq_504.htm


"How does a 504 plan differ from an IEP?"
http://specialchildren.about.com/od/504s/f/504faq2.htm


"Section 504 Primer"
http://foodallergyadvocate.com/?p=114


Not sure what is up with this link - weird format but good info
Iep vs 504


"504 and IEP?"
http://allergy.hyperboards.com/action/view_topic/topic_id/18291

[twinturbo]

Depending on state law and where the child is at what age, in most instances the law will not allow both. Generally speaking the accommodations go in the IEP or IFSP.

[CMdeux]

Right-- the group of students who qualify under IDEA (for an IEP) is wholly drawn from those who WOULD otherwise be qualified under Section 504 anyway.

Ergo, while an IEP doesn't follow the student to college or into the workplace, the protections afforded that person under ADA most certainly DO/CAN follow them.

So don't worry about 504 provisions being under the aegis of the IEP.  That's as it should be.  For now.

If the student ages out of IEP eligibility, s/he should still be eligible under Section 504, and then that portion of the previous IEP will stand on its own as the provisions of a 504 plan.

Same thing in college. 

[twinturbo]

Was at my own IFSP meeting couldn't respond too much but what I should add is as long as the move the accommodations as they stand you're A-OK. If they're thinking ending the 504 means ending the accommodations--nail that mother to the ground right there and then.

Having said that I know deep down I'm not going to get our necessary accommodations without an epic battle. That should be more than enough inspiration to get me through my lifting routine today.

[joshsmom]

I have looked at the IEP that actually came home today. There are no mention of ANY accommodations in the IEP in terms of Food Allergy. It has a section that states that he has severe food allergies and that the nurse has more information. Now I need to have a new IEP meeting. Seriously, can't one school year go smoothly!

[Macabre]

Oh yikes!

[twinturbo]

@jm> do you have a copy of the 504 accommodations? I'd scan it in to keep an electronic version as well save it to PDF. I myself have problems getting the accommodations in our IFSP but starting out with them already structured in the 504 I'd submit that with a letter that the condition has not changed. It may be worth at first trying a 'hey, you forgot' approach. Take corrective clerical action immediately and don't sign the IEP until then.

[CMdeux]

^ great advice.

The "oh, I'm sure this was an oversight" approach generally works for me... and if it doesn't initially, then I go "confused" because of X, Y, and Z (legally)... finishing that one with a wolfish "unless.... I don't... um.. understand properly.  Perhaps you should call for technical assistance to confirm that."

[ajasfolks2]

Like the tack of "hey, you forgot this need and the accommodations" as way of "nailing that mother to the ground" . . . the LTFA should be on that IEP as "OHI" = "Other Health Impairment".

Now, if things come to a place eventually where the IEP is no longer needed for the learning concern(s), then they will have to roll that OHI for LTFA back into a 504.  (Likely, they'll repeat the eligibility part of procedure as a formality so that they verify the LTFA still exists . . . )


Make sense?

[joshsmom]

Finally heard back. We could keep both but they didn't recommend it. The are listing all his 504 accommodations in his IEP. If his IEP is not needed then we will switch it back to a 504. We have our meeting next week!

[twinturbo]

Cool. Sounds like it's back on the right track. I'll keep my fingers crossed it's a good year.

Cheers

[CMdeux]

That's great-- sounds like they understand the difference between the two and the obligations under each law.  GREAT sign.