If a child has an IEP, s/he is automatically covered under Section 504?

Discussion in 'Special Ed 101 Archives' started by Masta, Nov 16, 2004.

  1. Masta

    Masta Member

    I was told today by the school district special education supervisor that 504 IS NOT covered under an i.e.p.

    i was also told by the same person if difficult child gets a 504 it guarantees him to a desk, table and to be taught only!

    i asked the i.e.p team in april about lack of medication dispensing. today i was told i should of had a 504 in place (i did not say i want a 504 i was sent by the Speech Language Pathologist (SLP) to discuss it). i went into the principals office in april but nothing was written down, everything was verbal and they say its my fault becaue i have to specifically ask for a 504 otherwise one cannot be put in place.

    the principal is the 504 planner in our school, i asked why did you not write anything down she said because i didnt aask for it.

    i will be fixing this problem but i need to look up again the difference between 504, idea, i.e.p.

    if someone could explain in simple quick terms witout me having to read mounds of laws that would be great!
  2. Martie

    Martie Moderator

    This answer is "NO" a 504 is not "automatic" in the sense it is there automatically. Qualification is pretty easy under 504 but it is separate.

    It is easy to remember because IEPs and 504s emanate from very different pieces of legislation. IDEA97 and The Rehab Act of 1973 respectivley.

    IF a child has an IEP, he/she will qualify for a 504 but you have to ask and it is a separate process. The reverse is not true: all manner children have 504s who are not IEP eligible.

    It is also not true by law that you need a 504 to get medications given. However, school district will give medications to kids under 504's if they don't have IEPs. However, this is a ridiculous distinction in my opinion bec. SDs will also give medications on doctors orders to any student. They don't like to often--but they will--otherwise diabetic children couldn't attend school.

    Hope this helps you see the distinction.

    And Mose is right:504 plans are weak and there is no enforcement for them.
  3. Sheila

    Sheila Moderator

    It's my understanding that a student with an IEP automatically receives the protections and benefits of 504.

    It's about the only thing our school district recognizes. lol

    I think there is a side-by-side comparison of IDEA and 504 in the Archives. If not, let me know and I'll try to dig one up for you.

    Frankly, your school district rep is feedling you a line of baloney about 504 benefits. I provided the info below to our school district just last week -- I think all these people must go to the same trainings because they all seem to use the same line of bunk.

    "IDEA students are protected under both the IDEA and Section 504. The educator should remember that compliance with the IDEA disciplinary regulations is sufficient to comply with Section 504. For a detailed discussion on the discipline of students under the IDEA see "The Discipline of Student Discipline," October 11, 2001."

    MEMORANDUM to Chief State School Officers from Robert R. Davila, Assistant Secretary, Office of Special Education and Rehabilitative Services dated September 16, 1991.

    Finally, this memorandum clarifies the responsibilities of LEAs to provide regular or special education and related aids and services to those children with ADD who are not eligible under Part B, but who fall within the definition of "handicapped person" under Section 504 of the Rehabilitation Act of 1973.

    Definition - Section 504 requires every recipient that operates a public elementary or secondary education program to address the needs of children who are considered "handicapped persons" under Section
    (3) Section 300.505 of the Part B regulations sets out the elements that must be contained in the prior written notice to parents:
    (1) A full explanation of all of the procedural safeguards available to the parents under Subpart E;
    (2) A description of the action proposed or refused by the agency, an explanation of why the agency proposes or refuses to take the action, and a description of any options the agency considered and the reasons why those options were rejected;
    (3) A description of each evaluation procedure, test, record, or report the agency uses as a basis for the proposal or refusal; and
    (4) A description of any other factors which are relevant to the agency's proposal or refusal.
    34 CFR §300.505 (a) (1) - (4).

    504 as adequately as the needs of nonhandicapped persons are met. "Handicapped person" is defined in the Section 504 regulation as any person who has a physical or mental impairment which substantially limits a major life activity (e.g., learning). 34 CFR §104.3 (j). Thus, depending on the severity of their condition, children with ADD may fit within that definition.

    A free appropriate public education, under Section 504, consists of regular or special education and related aids and services that are designed to meet the individual student's needs and based on adherence to the regulatory requirements on educational setting, evaluation, placement, and procedural safeguards. 34 CFR §§104.33, 104.34, 104.35, and 104.36. A student may be handicapped within the meaning of Section 504, and therefore entitled to regular or special education and

    http://www.ldonline.org/ An Overview of ADA, IDEA, and Section 504: Update 2001 THIS DIGEST SUPERSEDES ERIC Easy Child DIGEST #E537 An "appropriate" education means an education comparable to that provided to students without disabilities. This may be regular or special education. Students can receive related services under Section 504 even if they are not provided any special education. These are to be provided at no additional cost to the child and his or her parents. Section 504 requires provision of educational and related aids and services that are designed to meet the individual educational needs of the child. The individualized educational program of IDEA may be used to meet the Section 504 requirement.