Keep in mind, if one has an IEP, they automatically have a 504. There is no "official" or "regulated" form to capture the accommodations for a 504. An IEP would suffice.
I think when vicar suggests an IEP document is more "legal", he or she is talking about the procedural safeguards. These safeguards are explicit and easier to access in most cases than the OCR which would hear ADA complaints. AND by having an IEP you can exercise your rights under both IDEA and ADA. Both a 504 and an IEP should be designed to give a child access. An IEP goes a step further and addresses related services, specialized instruction and or modifications that would be needed over and above the accommodations included in a 504.
I disagree that IDEA operates under the premise that the need for an IEP will eventually fade. While it is true that IDEA does not apply once a child graduates or reaches age 22, other than the revelation and eligibity process, it does not not assume the IEP will end. It does assume that a child will make appropriate progress, access the curriculum and receive a Free and Appropriate Public Education. For some, appropriate progress might at some point bring a student to the point that services are no longer needed. But, for many, even if they make appropriate progress from year to year, if the progress is a result of the IEP, they would still qualify.
Yes, IEPs end at some point for everyone - but this only because the entitlement for FAPE runs out at a certain age.
While there are districts that ignore laws, regulations and are generally uncooperative, I think a parent has a better chance of exercising their rights with an IEP rather than a 504. Things like mandated time lines to convene meetings should the parent request, progress reporting, stay put provisions, need for prior written notice should the school decline a parent request, can be very valuable to parents attempting to exercise their rights to hold the school accountable. These safeguards come with an IEP - not a 504.
And yes, a 504 can be enough for some students. My dd has a 504, my son an IEP. Both are appropriate solutions for their individual needs.
Last edited by mich; 04/29/11 05:08 PM. Reason: auto correct spelling
