IEPs and 504s
Now that we are getting back into the school year, many children might be struggling with being in a different level of education. This could include changes such as moving into Middle School or High School environments, less one on one time with a teacher, or changes in schools or districts all together. This article is a basic overview of IEP and 504’s with some common questions that parents have. If you would like to learn more, please contact your School’s Principal or the School District where your child goes to school.
When you are concerned that your child is not doing well and you feel that they need to have extra help, the schools are a great resource for information on if your child needs extra help, or a different level of a class. Some Schools might even have a School Social Worker or Counselor that might assist by having groups to gain or strengthen Skills (Yes, Social Workers LOVE Skills groups!) such as communication, emotional Regulation, Interpersonal Skills, and how to deal with more complex issues such as Bullying or Advocating for themselves with Peers or Teachers.
IEPs and 504s: What are they
An IEP (Individualized Education Program) and a 504 plan are for school age children who need accommodations for their education. Both are from Federal acts for access to children who have a disability for their education. There are a few items that are the same, but many differences on how they assist children with their education.
IEP
An IEP comes to us from the Individuals with Disabilities Education Act (IDEA) that was signed into law in 1990 by George H.W. Bush as an amendment to a previous Act. IEP’s have a specific plan with a timeline for the student to work towards. There must be progress reporting and it looks at how the school will assist the student to achieve these goals. There are 13 categories that the student can qualify for an IEP. These include a number of physical disabilities, Autism, Emotional Disturbance, Learning disabilities, Speech or Language Impairments, or a Traumatic Brain Injury.
504
The section 504 within the Rehabilitation Act of 1973 includes provisions to protect individuals with disabilities within programs and services that are federally funded. The definition of Disability was broadened by the Americans with Disability Act Amendments in 2008.
This Act also requires the school district to provide a “free appropriate public education” to each qualified student with a disability who is in the school district’s jurisdiction, regardless of the disability. This can be through regular or special education, aids, and/or services to meet the student’s educational needs as a non-disabled student would. A 504 is more extensive than an IEP, as it entails not only educational items but also services such as a quiet room or an ASL interpreter for extra curricular activities.
Great, who do I talk to about getting an IEP/504 for my child?
This is a great question! If you are seeing that your child is struggling, contact your school’s Special Education Department. They will be able to help you identify if your child qualifies and start the process of getting your child assessed for a plan. The assessment process and this needs to be completed in 60 days if the School agrees your student needs this completed.
So, my Student’s school said they do not qualify for a plan.
The School does have the right to decline, but they need to send you a letter of why they are refusing, this is called a Prior Written Notice. If this does happen, ask for the policies about the refusal and how you would appeal this as a parent. An additional resource would be the Parents Training and Information Center in your state. For example in Minnesota the program is called PACER, their website has a lot of good information that is specific to Minnesota’s laws and regulations for children with disabilities. You can also check out the Parent Center Hub to find your state’s organization.
What if our school only does IEP’s?
In my experience, schools do IEPs because everything in a 504 is in the IEP plus having specific and measurable goals. You can ask your school more about having a 504 if your student is going to be graduating soon and would like to go onto a Secondary Education School.
IEPs/504s in Secondary Education
An IEP no longer applies after the student receives their High School Diploma. But a 504 still protects the student into their secondary education. If your student is going onto a College or University, check with the school to see what documentation they need to continue the 504. Please know that the services that your student had in High School will not be the same as in the Secondary Education level. The school may need documentation of the previous plan and the student might have to enroll as Student with Disabilities, and some students and their parents might not want to make that distinction.
Ok, My Student does not qualify for a plan, but I think they are struggling with things that this Skills Group would help with.
Parent, I know that it is SUPER hard to say your student struggles with things that you can’t fix. So, if your school does not have a Skills Group like I have mentioned, start asking the school, then look at your Community Mental Health Centers. They will be able to point you to staff that does School Based Therapy or another agency that they know of. Some of the Community Mental Health Centers have staff that are designated to go into the schools to have sessions, a good Colleague of mine does this and she does so well with these kids.
Some schools do not have a specific staff member that does this, but might have a contract with an agency that helps do this. One such agency is Avel eCARE, as of this writing, they have two Licensed Social Workers seeing children in schools (The postings on this site are my own and do not necessarily reflect the views of Avel). These Social Workers work with the children on skills to decrease Anxiety, Depression and, if appropriate, Trauma triggers. These children would otherwise not get services or have to travel a long distance to see someone else.
Links mentioned above:
PACER in Minnesota: https://www.pacer.org/
Parent Information and Resources State Organization List: https://www.parentcenterhub.org/find-your-center/
USA Department of Labor website: https://www.dol.gov/agencies/oasam/centers-offices/civil-rights-center/statutes/section-504-rehabilitation-act-of-1973
Americans with Disabilities Act of 2008: https://www2.ed.gov/about/offices/list/ocr/docs/dcl-504faq-201109.html
To learn more about Avel eCARE please visit their website at www.avelecare.com. You can also find them on Facebook and LinkedIn.
Disclaimer
Last updated: September 06, 2022
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this Disclaimer:
· Company (referred to as either "the Company", "We", "Us" or "Our" in this Disclaimer) refers to No More Brokenness, LLC, 3800 American Blvd. West, Suite 1500 #300-030, Bloomington, MN 55431.
· Service refers to the Website.
· You means the individual accessing the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
· Website refers to No More Brokenness, accessible from www.nomorebrokenness.com
Disclaimer
The information contained on the Service is for general information purposes only.
The Company assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents on the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components.
Medical Information Disclaimer
The information about health provided by the Service is not intended to diagnose, treat, cure or prevent disease. Products, services, information and other content provided by the Service, including information linking to third-party websites are provided for informational purposes only.
Information offered by the Service is not comprehensive and does not cover all diseases, ailments, physical conditions or their treatment.
Individuals are different and may react differently to different products. Comments made on the Service by employees or other users are strictly their own personal views made in their own personal capacity and are not claims made by the Company nor do they represent the position or view of the Company.
The Company is not liable for any information provided by the Service with regard to recommendations regarding supplements for any health purposes.
The Company makes no guarantee or warranty with respect to any products or services sold. The Company is not responsible for any damages for information or services provided even if the Company has been advised of the possibility of damages.
External Links Disclaimer
The Service may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company.
Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Errors and Omissions Disclaimer
The information given by the Service is for general guidance on matters of interest only. Even if the Company takes every precaution to insure that the content of the Service is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Service.
The Company is not responsible for any errors or omissions, or for the results obtained from the use of this information.
Fair Use Disclaimer
The Company may use copyrighted material which has not always been specifically authorized by the copyright owner. The Company is making such material available for criticism, comment, news reporting, teaching, scholarship, or research.
The Company believes this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the United States Copyright law.
If You wish to use copyrighted material from the Service for your own purposes that go beyond fair use, You must obtain permission from the copyright owner.
Views Expressed Disclaimer
The Service may contain views and opinions which are those of the authors and do not necessarily reflect the official policy or position of any other author, agency, organization, employer or company, including the Company.
Comments published by users are their sole responsibility and the users will take full responsibility, liability and blame for any libel or litigation that results from something written in or as a direct result of something written in a comment. The Company is not liable for any comment published by users and reserves the right to delete any comment for any reason whatsoever.
No Responsibility Disclaimer
The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.
In no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever arising out of or in connection with your access or use or inability to access or use the Service.
"Use at Your Own Risk" Disclaimer
All information in the Service is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.
The Company will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Service or for any consequential, special or similar damages, even if advised of the possibility of such damages.
Contact Us
If you have any questions about this Disclaimer, You can contact Us:
· By email: sheila@nomorebrokenness.com