504 vs IEP

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Hi,

District wants to exit a very high functioning child from his IEP and offer a 504 instead.

Accommodations offered are :

1. "Preferential seating" (not clear what that means)
2. Repeat directions and homework assignments to teacher to demonstrate understanding
3. Use of print rather than cursive for written work, and keyboard training
4. Attempt to seat next to positive peer models for social skills enhancement
5. Referral to district funded social skills training program.

The district will no longer provide 2 hours of speech and OT per week.

Mum does not speak English, so I am helping her out. Would appreciate assistance from anyone who is familiar with 504s about what the family should be aware of, if they accept this dismissal from special ed ? (The child attends a typical fifth grade class and has always been in mainstream classes with lots of ST and OT supports, so the loss of the ST & OT is a big change / deal for him).

Thanks in advance to any advise you can give the family.

Preferential seating could be closest to the teacher, or facing the board (in classes where desks are in groups instead of rows).

I would think the social skills training program would normally be considered an IEP service. If he has a 504 and they don't provide the program he wouldn't have any recourse.

He should have social skills goals in his IEP.

Are there any behavioral issues? An IEP can have a behavior support plan as a component, with a functional goal concerning the problem behavior.

I would think it is important to remain on an IEP through the transition to middle school, because a whole new set of demands will come about at that time. Just because he's functioning well in 5th grade doesn't mean he won't need IEP support in middle school, where they are changing classes and there is a lot more executive function demands for handing in papers and completing longer-term assignments.

What are his needs for speech and OT? Are there any goals in those areas he hasn't accomplished yet? I would think the ongoing need for those two services might be the easiest way to show that he continues to need an IEP.

I would advise the mom not to accept being exited from IEP.

I'll agree with that.

Sometimes, dropping an IEP is an issue of "The child has progressed to the point that it is no longer necessary; let's see what happens flying solo."

And sometimes, unfortunately A LOT of the time, it's about appealing to parents' desire to have achieved a 'normal' kid, so that the school can get out of paying for services like ST, OT, and et cetera.

I can get my kid by with a 504; my kid is mild/moderate ADHD, uncomplicated other than some anxiety issues that were, for the most part, our fault in the first place. My kid's issues (for now) are pretty much entirely minor behavioral issues (Raise your hand. Keep your feet on the floor. Doodle in your notebook, after your work is done, not on your worksheets while the teacher is talking.)

If there are significant academic issues (not being able to remember/process directions, not being able to attend or exclude background noise, not being able to use executive function in a noisy environment), the child really needs the IEP.

Which is not a sin, or a crime, or a failing. IMO anyway, the crime is that you need multiple meetings, a pile of paperwork, and sometimes a lawyer or advocate for a kid, ANY kid, to get some individual consideration in the first place. Once you've got it, don't give it up easily.

I think the child is too young to exit from an IEP.

In our district, the differences are:
1. If the child needs services, then it is an IEP. If not, it is a 504.
2. A 504 is strictly accommodations.
3. An IEP gets you meetings on emerging issues a whole lot faster and has a required annual review; the 504 is just accommodations.

My son "graduated" from speech in 5th grade but was right back in by 7th, and this is extremely common. If they drop the IEP, they won't even be testing for this.

I also wonder what OT services the boy has been getting and if those should continue. My son "graduated" from OT in 7th grade but when we did new testing to get our SAT accommodations last year, both the counselor at school and the private psychologist made a point of saying that they believe this was a huge disservice to my son, and that he should consider enrolling in private OT.

NO WAY would I let them drop the IEP on a 5th grader that has some MAJOR transitional hurdles coming up. Middle school, high school, puberty, quickly accelerating organizational skill and executive function expectations, and so on.

The high functioning ASD kids I've known that go to school with my son are commonly exiting their IEPs in the middle of high school as part of transitioning to be college ready. NOT before middle school.

Basically tell her no, do not sign the exit document.