My take on the IEP, IDEA 2004, and 504 plan 

Here is my take on the IEP and the revised and updated IDEA 2004. Also my dealings with the 504 plan.

Your child has a RIGHT to an education, and if your child is disabled in any way, not only an education but also one that is designed for their individual needs. You as a Parent have the RIGHT to ask for and receive an IEP for your child. There are benefits and drawbacks to doing so, but if your child is in need it is best to err on the side of your child.

Since the drawbacks are minimal I will try to explain those first. Also keep in mind my experience is with Washington State. Your State may have different requirements.

Any classes taken at the Middle and High school level under the IEP or Special Education will not count toward College placement. A 4 year college generally requires at least 4 higher math classes of Algebra 1 or better and 2 years of a foreign language. A 2 year college or community college generally requires half the math and no foreign language prerequisite. Though these requirements will vary State to State it is generally accepted that Special Education classes will not count toward college credits. If you want your child to be accepted to a 4 year college you need to make sure that they are taking the general education requirements for college entrance. These can be discussed with the guidance counselor at your child’s school.

Minor drawbacks may be ostracism by their peers and/or loss of quality time forming social relationships resulting in slow social development/skills.

Your child may attend Special education classes as well as general education classes at the same time. If they are capable of achieving the grades they need in the regular classes without the assistance of the Special Education Staff the regular classes will count toward college credit. At one point we had the Special Education teacher come into the regular class to help our daughter in areas she was not able to keep up with the rest of the class. We did this in Grade school so no effect on College credits but if we were to have done this in High School she would not have been credited with those classes. However as a way to get around this in High School, we hired a private tutor to come into our home and help as needed. This allowed our daughter to attend regular classes and still do well despite her learning deficits. We also made sure she was under the 504 plan so that she would receive some additional support.

We fought very hard to get this special education in the general class setting in grade school. Our daughter was taken out of the regular class setting a few hours a week to have one on one education with the special education teachers but we felt she needed to be with her peers in the regular class room setting as much as possible. We were able to make this compromise in that she would attend special education class a few hours a week and the special education teacher would help in the regular class setting a few hours a week and the rest of the time she would spend in the regular class setting. We tutored her at home as much as we could and as much as she could stand.

 But in Middle school she was no longer under the IEP nor the 504. In Middle school they graded her on effort and her grades were quite respectable graduating 9^th grade with a 3.792 GPA . But their having graded her on effort did not bode well for her in High school as she was low on test scores and placed in remedial math, after having passed algebra 1 with an A- in 9^th Grade. This was a crushing blow and we went straight to work contacting any who would listen and got her under the 504 plan and began a lot of little battles to get her moved to a higher math class and we also hired a tutor to help her get through it all. Her self esteem is low as a result of this remedial math thing and she no longer likes school and is in many ways rejecting her own goals as a result. We have done all we can and I hope she will turn it around. But we still are active in her education and are always vigilant that she gets what ever the 504 plan can provide.

Now the 504 plan has no effect on College placement but does not allow for Special Education. The 504 plan allows for special needs within the regular class setting. These needs can be broadly interpreted, or not, depending on your school district. (See Parent & Educator Guide to the 504 Plan) Do not be afraid to fight through the red tape and take it as far as you have to, to get your child the education they deserve. Under the 504 plan the school is "required"  to follow procedure and hopefully make accommodations for your child like extra time getting to class, verbal testing if needed, sitting at the front of the class, recording of lectures, extra time doing tests or special test accommodations like verbal tests, tests in a more conducive surrounding like a private room if needed and even more time to take tests. Perhaps even tutoring to some extent. This will all depend on your child’s needs. Should those needs be too great they will need to be under an IEP but for many just the 504 is sufficient. And the 504 will not handicap your child should they decide to go on to college. Nor will tutoring at the high school and even the college level.

Many schools will not provide what is not asked for, or demanded, as they have limited budgets and many teachers are reluctant to make accommodations. You will need to fight for your child but if you are tenacious enough and are willing to take it up the ladder to as high an official as necessary and/or engage a private advocacy group or lawyer you will be amazed at what you can get for your child to help them get the education they deserve. But remember this, The school has no obligation to provide what you ask for, even if you can document a need. Also there is little teeth in enforcement of a 504 plan. The OCR will look into procedural issues but those specific needs of your child can only be addressed through a Due Process hearing through the school or a lawsuit.

Even children who will never be able to attend regular classes and are forever in need of special education do not always get all that they deserve and all that is required they receive. The thing is if a School receives any money from the Federal government they HAVE to provide an IEP if one is asked for, and they have to do whatever they can to ensure your child gets an education. AND this is the best education that they can provide, not just sit them in a class and ignore them. Many excuses will be made from budget allocations to teacher time restrictions but even so you need to fight the system and if you are tenacious enough you will often prevail.

The Links I provide to various parts of the IEP and the subsequent IDEA 2004 was taken directly from the U.S. Department of Education Website. Also the 504 plan. If they feel this information is not in the Public Domain and want to sue me for copying it they are welcome to do so. I figure my tax dollars were spent publishing this and it should be available to any who are in need of it. I have posted the IEP overview and The IDEA 2004 amendments as well as the 504 plan Q&A and relationship to the IDEA. Not in their entirety but as much as I felt was appropriate. I would advise you to go to the U.S. Department of Education website for more information.  Also the Parent & Educator guide was developed through the OSPI (Office Superintendent Public Instruction) Here in Washington State as well as 5 Puget Sound School Districts and the aide of the Anchorage Alaska School District. It not only has a review of the 504 but it also has real life examples of 504 accommodations in Appendix E.

IEP overview 

504 plan & IDEA Q&A

Parent & Educator Guide to the 504 plan

Title I--Amendments to the Individuals With Disabilities 

IDEA 2004 summary&
Title 1 IDEA as written

There are parts A,B,C, etc as well as Title II and Title III. I do not expect you to read any of this lengthy legalese, but just post it as reference to how convoluted our government makes things. I expect you to get a healthy dose of what you need in the overviews, Q & A, Parents and Educators guide and if you visit Wrights Law for more explanations.

U.S. Department of Education, Office of Special Education Programs’ (OSEP’s) IDEA website

http://idea.ed.gov/explore/home

And I would also advise you do a more detailed search for the relevant information that you need for your special child. A link that I have found useful in explaining how the IEP and the IDEA 2004 affects my child and I, is here:

Wrights Law

http://www.wrightslaw.com/info/iep.index.htm

The overview and Q &A of the 504 plan was done by the Office of Civil Rights (OCR) and is stated to be:

OCR, a component of the U.S. Department of Education, enforces Section 504 of the Rehabilitation Act of 1973, as amended.

Therefore I look upon this as another .gov and as such the information is public domain.

And I was right. Upon further looking I found this information is public domain.

This publication is in the public domain. Authorization to reproduce it in whole or in part is granted. The publication's citation should be: U.S. Department of Education, Office for Civil Rights,  Washington, D.C., 2007.

IEP overview 

504 plan & IDEA Q&A

So I guess they can't sue me after all. 

Remember when dealing with the schools you have to be aware of your rights going in. Many school administrators have limited budgets and they try like hell to only provide the basics and some not even that. Remember that if that school receives any money from the Federal Government (and all public schools do) then they are required to provide an IEP and SPED or the 504 plan and are required to provide the best education they can to your child. There will be battles to be fought and you may lose some even taking it as far up the ladder as you can go. But in the long run you will win more often than you lose and your child will benefit from your tenacity. If you give up it is your child that will suffer, so don't give up.

You will not create friends in the system. Enemies more likely. But you start with the teachers and work your way through the Principal, the Districts office the elected board then on to the State level at the Department of Education and if you have one the State Education Ombudsman's office. Also if you  feel you have been denied unfairly, file a Due process hearing complaint if under a 504 or a complaint through the States office of Education. Contact the Office for Civil Rights for violations of procedural issues or if you need more information and the US Department of Education for information and through them you can get information of filing a civil suit. Until you have totally exhausted every avenue you have not done all you can. Remember there are private advocacy groups and you can always hire an attorney or if you are low income there is usually free legal service for the impoverished.

Your Childs future is dependant on what services they get while they are young. It is up to you to see to it they get everything possible so that their adult years can be as fruitful as possible. To look back and know you did not do everything possible will haunt you the rest of your life. More importantly it will haunt your child.

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