What Every Parent Needs To Know About An IEP And A 504 Plan

By MICHAEL RUBINO, PH.D, MFT (Open Post)

This is an update with new information to an article I published last year.

Seems like the school year has just started, and the districts are already misleading parents about IEPs. An IEP and 504 are not the same.

An IEP -- Individualized Education Program -- is legally enforceable and has legal guidelines and time frames. An IEP follows a student from school to school or state to state. A 504 is not legally enforceable and doesn’t follow a child, nor are there legal guidelines.

An IEP will not stop your child from getting a job or from getting into college. Also, educational records are confidential, therefore, no one would know your child had an IEP in school.

Many schools say your child must be two grades below in order to qualify for an IEP. If you said your child had a math or reading disability, this is true. However, if they have ADHD, bipolar, school anxiety etc., they can qualify under OTHER HEALTH IMPAIRMENTS. All your child needs is a diagnosis, such as ADHD, which interferes with their ability to fully benefit from their learning experience in the classroom. The two-grade-below-level qualification doesn’t apply to this category.

Also, if you have a child in private school and they would benefit from additional assistance, contact your child’s public school district. Even though they attend private school, the public school district is legally obligated to provide your child with services.

One more issue, never pay for outside testing before the school district tests your child. They have the right not to accept any outside testing until they test the child. If you disagree with the district’s testing, then you can request an objective testing from an outside professional and you can request that the school district pays for the testing and you can select the evaluator.

An IEP or an Individualized Education Plan is a document that outlines the specialized education services that a student will receive due to their disability. It ensures the student will receive the assistance necessary so they will receive an education.

When most parents hear disability, they usually think of a person in a wheelchair or a student wIth a learning disability. There are various condItions that can qualify as a disability: depression, bipolar disorder or even diabetes. The disability is any condition that will interfere in the student receiving the same education as other students. The students who qualify for an IEP need accommodations which meet the criteria of needing specialized education. As I stated above, there are numerous conditions which may qualify a student for an IEP.

If a student does qualify for an IEP, they also qualify for Special Education. Many parents hear this and are afraid or embarrassed. There is nothing to be afraid of or embarrassed about.

If a student qualifies for Special Education, if the student needs speech therapy or special computer programs, the school district is obligated to provide the services to the student at no expense to the student’s family.

There is also an option called a 504 Plan. This was established in the Rehabilitation Act of 1973.

The 504 plan ensures that a student with a disability will receive accommodations so they will receive the same education as other students. However, the 504 plan does not qualify a student for Special Education services and it is not overseen as closely as an IEP plan.

Currently, many districts are telling parents that their child does not need or qualify for an IEP and that a 504 plan is just a good. This is not true.

Many school districts are telling parents that their child does not qualify for an IEP because the IEP is more expensive for the district and most districts are trying to save money. The districts take advantage of the fact that, as parents, you do not know all the differences between an IEP and a 504, so they can talk a family into a 504 plan easily.

If you find that your child is having difficulties at school due to a learning disability, health issue or emotional issue, consult an outside professional before you automatically assume that the school is giving you the appropriate recommendation.

I see many parents who have been told that their child is better with a 504 plan and that is not the truth.

You can consult an educational consultant or a therapist who works with children. You can contact me at drmike@rcs-ca.com. I help many families at their child’s IEP meeting.

The main thing is, do not be afraid to ask if your child should have a 504 or an IEP. Also don’t let the district make you feel guilty because you want time to think and investigate the options. This is your child, and you should never sign anything until you are sure it is in your child’s best interest.

I have added a link to a chart that will help you compare the two and understand the differences.

Other columns from Dr. Rubino:

• Is Your Freshman Fearing High School? Don’t Dismiss Such Worries, Parents!
• Why Men And Teens Refuse To Go To Therapy
• Let’s Erase Negative Stigma Associated with Mental Illness
• Your Divorce Is Not Part Of Your Teen’s Graduation

Dr. Michael Rubino, based in Pleasant Hill, has more than 18 years of experience working with children and teens. For more information about his practice visit www.rcs-ca.com