To IEP or not to IEP, That is the Question
We talk quite frequently on the The Balanced Mind Foundation support groups about the difference between an Individual Education Plan (IEP) and a Section 504 designation when it comes to our kids and school. There are differences, and one or the other may be more appropriate for your child, given your child’s individual diagnosis, symptoms, and needs. Since it’s nearly back-to-school time, I thought it was as good time as any to bring them up.
Section 504 refers to, well, Section 504 of the Rehabilitation Act of 1973. Section 504 specifically states that all children, regardless of the nature and severity of their disability, must be provided with a “free and appropriate public education” (FAPE) at any school receiving federal funding. The act defines “protected students” as those with a physical or mental impairment that “substantially limits one or more major life activities, and that impairment must be considered “permanent.” The quarterback with the broken leg would not qualify, for example, as his broken leg, while a physical disability, is not expected to be a lifelong impairment. Section 504 also requires the school make “reasonable accommodations” for students with disabilities, such as special education classrooms and teaching aids. These accommodations are often determined by a group of teachers, administrators, and the student’s parents, but are not formally documented.
In contrast, an IEP is part of the Individuals with Disabilities Education Act (IDEA). It also requires that students with disabilities, as defined by the Rehabilitation Act receive FAPE, but puts a greater burden on the school district to ensure disabled children have a documented plan, based on an assessment of the child’s needs, that clearly states annual goals for your child’s education that are – and this is very important – measurable.
I go so far as to require that Tim’s IEP goals are SMART goals: Specific, Measurable, Attainable, Realistic, and Time-bound. For example, a goal that says, “Timmy will improve his reading ability” is not an appropriate IEP goal. An appropriate goal would be, “Timmy will increase his reading comprehension from a second grade to a third grade level by winter break, as determined by state aptitude testing,” is. The IEP must also list the accommodations that will be made for your child.
Opinions vary on which is better (or more appropriate) for our kids. I think it definitely varies depending on what type and how many accommodations your child needs. Tim has had an IEP since kindergarten, and I prefer the documentation of and measurability of objectives. If your child does not have a 504 designation or an IEP, and you’re not sure if he or she should, ask your support group co-members. Post a message on the education forum. Ask in parent chat. Consult a special education advocate. Our children deserve to have the best education we can provide them, and these laws help us ensure they get what they deserve.
There’s a lot more to know about Section 504 and IEPs. For more information, visit The Balanced Mind Foundation’s web page on Education Issues, or click here.
List of resources mentioned in this blog entry:
1) Read
504 Plan http://www2.ed.gov/about/offices/list/ocr/504faq.html
IDEA http://specialchildren.about.com/od/specialeducation/g/IDEA.htm
Education Corner http://www.thebalancedmind.org/learn/education-issues
Section 504 and IDEA Compared http://www.wrightslaw.com/advoc/articles/504_IDEA_Rosenfeld.html
2)Reach Out
Support Groups http://www.thebalancedmind.org/connect/support-groups
Education Forum http://www.thebalancedmind.org/connect/forums/427
Special Education Advocates http://www.thebalancedmind.org/connect/find
What many parents don't realize is that having an IEP does not eliminate your rights under Section 504. A student can have both. For instance, some of the medical management issues related to my son's medications and their side effects are written in his "health plan" (504), including signs, symptoms, and action steps for treatment. His accommodations and options for remediation for missing class due to these same issues are written in the IEP. Both documents mention the other one, but the health plan is not a part of the IEP, or we'd have to have an IEP meeting every time we need to tweak his health plan because of a change in medications/levels.
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Cindy Wolf, MS Ed.
Widowed mom of three wonderful kids who happen to have multiple disabilities. See my bio for more information.
Thanks for restating that Cindy - absolutely true and absolutely important to remember! I would say, however, that for Tim, we do call an IEP often for med changes, because there could be changes in behavior. One of the things I like about the his behavior plan is involved and documented, and meds - particularly PRN meds - must be accounted for in that plan. thanks for your comment!
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Chrisa, 43, Chicago Suburbs, Internet eCommerce Professional
Mom to Tim, 16, Developmental Disability / Schizoaffective Disorder, Clozaril, in RTC
Also mom to Di, 15, RAD; Alex, 19, college sophomore
Married to Tom, 42, SAHD and high school pole vault coach
My daughter is 13. Just diagnosed today; put on risperidone and already on buspar. No IEP. She hates school. Hates her teachers. Lots of anxiety about school starting. What should I do? Call school, speak with guidance counselor before it starts? (I already have an 11 year od with high funtioning autism and NLD). Both girls adoped since 7 months; single mom. Would appreciate advice and support. 1st time on site. Thanx.
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Pam T.
Hi Pam - thanks for chiming in. Great question.
My personal, totally non-professional opinion (I'm just a mom) is to direct you to www.wrightslaw.com and read up about 504 designations and IEPs. I'd call the school and ask to speak to the school counselor. Have a letter from your psychiatrist with your daughter's diagnosis on it. Write a letter (there's a form on the wrightslaw website) indicating your desire to have her tested. Then join a CABF support group and start asking questions from the hundreds of other moms here who've been right where you are. The collective experience on our support groups is invaluable.
Best to you and your kiddos!
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Chrisa, 43, Chicago Suburbs, Internet eCommerce Professional
Mom to Tim, 16, Developmental Disability / Schizoaffective Disorder, Clozaril, in RTC
Also mom to Di, 15, RAD; Alex, 19, college sophomore
Married to Tom, 42, SAHD and high school pole vault coach
Personally, as a mom of 2 boys that both have an IEP, I would/will always go with an IEP over a 504.
You would never buy a car from someone with a verbal agreement; you would expect a written contract of the terms and agreement.
I feel this way about my children's education. I want it in writing what exactly everyone agrees to. Life, as I am sure we are all aware of, gets quite busy and things are postponed, rescheduled or cancelled all together. I dont want to take that chance with my children's future.
Society seems to take things more seriously if they are written down and you both have a copy with signatures.
PS....I am new to this website and actually found it while reading "The Bipolar Child". I am excited and relieved that I now have an outlet where people understand what I am going through. Thank you so much, I actually took a sigh of relief today.
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Karen, 25
Justin, 6 dx w/RAD,ODD,ADHD and right now red flags for bipolar
Nathaniel, 4 not tested yet but shows major signs of ADHD
I just signed up for BP kids today. My daughter will be 9 in January. I am so happy to not feel so isolated. My duaghter was diagnosed @ 6 years old. We have gone the attorney route. If you cannot afford and attorney Wrights law is a wonderful resource. Hold your school districts accountable. Our children behavior is a result of a nero biological condition not a behavior problem not oppositional defiant disorder. Thank you all for posting. I am looking for a support group in the SF bay area. Anybody have any ideas?