504 or IEP???

Discussion in 'Special Ed 101' started by mattsmum, Jun 12, 2007.

  1. mattsmum

    mattsmum New Member

    As a teacher, I should probably know this, but I am confused. difficult child is academically fine. His issues are behavioral. He was placed in a 504 last year that this year's teacher did not follow through on AT ALL. He has been suspended (mostly in-house) numerous times for physcial aggression. I feel some of his issues involve a SI disorder.

    Long story short, after all evaluations. were done, team feels they can service him under a 504. However, the Special Education. dept. at my school can't believe they are not putting difficult child on an I.E.P. for emotional handicap.

    Which should it be and would he be better protected under an I.E.P.???

    Does a 504 allow a manifestation of disability after 10 suspensions?
  2. Sheila

    Sheila Moderator

  3. Babbs

    Babbs New Member

    if there was a 504 in place and the teacher did not follow through with providing the accommodations or modifications mandated on the 504 plan, then it sounds like you have just cause to involve the Office of Civil Rights of the US Department of Education. Under Section 504 of the rehabilitation act, any modification or accomodation plan is a legally binding agreement. If the school is not implementing it, then take thee to the Office of Civil Rights. You can file a formal complaint with OCR by contacting the nearest state/regional office. You can also call the OCR Hotline at 1-800-421-3481 or using the OCR Online Complaint Form.

    Most general education teachers aren't educated by the schools to understand the why behind the provisions of a 504 plan and the parents aren't educated on their rights under the law. Having sat on both sides of the table for 504's and IEPs, it's a huge difference. At an IEP I've been given a thick packet fully explaining my rights. I've never been even offered that packet at a 504 meeting. Part of the problem with 504's is that schools help dissiminate the idea that 504's have no teeth. No extra funds for 504's means that schools would rather have a student have NO services or require SDI in order to have an IEP.
  4. mattsmum

    mattsmum New Member

    I have filed with the OCR and I am offered the parental rights packet at every meeting. I am also in the process of getting an advocate. I have had to fight for everything my son has gotten. I was just wondering if he qualifies for an IEP with no educational defecits, just behavioral???
  5. Sheila

    Sheila Moderator