Discontinuing IEP for unrelated condition

[Mezzo]

My PA DD has an IEP for a speech issue. She's been getting speech pathology services for several years, but now she's in high school, the impediment that remains is very mild and does not hold her back in life, and we're all ready to stop (and it gets harder for them to justify it at this age unless it's severe). So we're going through the paperwork to discontinue it. I just get nervous about signing anything that says she no longer needs special education services, in case it has any effect on her 504.

It shouldn't. The plans have always been completely separate. The paperwork keeps referring to the speech issue, and there are mentions that the student also has a 504 for a peanut allergy and health plans for that and another medical condition.

If this paperwork is specific like that, is there any way the school can use it against us to drop the 504? I trust the speech pathologist but not the superintendent.

[CMdeux]

I really don't see how-- not if the paperwork and documentation is all there, and is separate in any case.

[guess]

A child IDEA eligible automatically qualifies for 504 protections.  However, a key difference is placement.  With IDEA placement cannot change without a meeting offering parental participation but a 504 placement can change without notice, technically.  In my experience few special education folks understand LTFA 504s in comparison with general education because the majority of students with LTFA are general education placement.

A Wrightslaw letter from you to special education coordinator restating the IEP is for speech, the 504 is LTFA, IEP is phased out but 504 related condition has not changed may help the school avoid errors.  Please place letter in child's academic records, etc.  According to the Wrightslaw philosophy this help the record tell the story for you.   

[Macabre]

Mezzo, I don't think there should be a problem, but I am wondering if it's possible to out and out specify this in a Letter of Understanding. Maybe that's what guess is referring to, and maybe the Wrights have a template on wrightslaw.com.   I know we have several samples here as well. But basically it would just be a very factual letter stating that you understand that the IEP is being removed but that this has no effect on the 504 plan for accommodations because she has a LTFA, which has not changed.

[guess]

Good point, maybe I should expand that.  FETA (From Emotions to Advocacy) has different letter templates dependent upon whom you are writing the letter to and also the letter's tempo.  Wrightslaw methodology is largely based on telling the story in documentation with parent letters to school officials or other being part of that story telling process so in the rule of adverse assumptions if an ALJ or OCR attorney or your attorney down the line is to read it there will be a narrative punctuated and supported by evidence and solid application of law.

In short when dealing with both an IEP and 504 a key difference related to mezzo's concern is the difference in procedural safeguards.  While the IEP and 504 needn't be related, aren't, yet coexist, the procedural safeguards have always been independent from one another except possibly in states where state law expands 504 safeguards to be as robust as the IDEA.  But... as above any IDEA qualifying student is automatically protected under 504 so in a sense you enjoy an extension of those IDEA safeguards.  Following that logic I suppose a wonky move may be to try to remove the 504 under the difference in prior notice requirement.  Dealing with both myself for similar reasons as Mezzo how I would approach as a parent is operating under the halo of IDEA safeguards.  It is not over until all have agree upon placement change and that agreement for placement change was special education into 100% general education.  In a sense I would hold the position of an IDEA transition therefore the 504 procedure should follow suit under those more robust safeguards.

I suspect that the school will get it right but it would probably facilitate stronger communications by making sure that access to general education remains intact.  I do prefer the templates in FETA particularly because this instance falls under IDEA with regard to a change of placement. 

Procedural Safeguards

Section 504 does not include a clearly established "Prior Written Notice" requirement. In contrast, IDEA includes an elaborate system of procedural safeguards designed to protect the child and parents. These safeguards include written notice before any change of placement and the right to an independent educational evaluation at public expense. Section 504 does not include these protections.

- See more at: http://www.wrightslaw.com/info/sec504.summ.rights.htm#sthash.rgCb72KO.dpuf

http://www.wrightslaw.com/advoc/articles/12rules_letters.htm

(Wrightslaw, 2015)

[Macabre]

Important points about using the communicationmethofs appropriate for each set of procedural safeguards.