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55: IEP and 504 Tips from Special Education Attorneys Vickie Brett and Amanda Selogie

April 26, 2023
If school meetings leave you stressed, confused, or second-guessing yourself, understanding the difference between a 504 and an IEP will help you. In this episode, special education attorneys Vickie Brett and Amanda Selogie unpack exactly how parents can get the right school support.
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Estimated Reading Time: 5 minutes

How do I know if my child needs a 504 or an IEP?

Vickie and Amanda explain that a 504 provides access while an IEP provides services. Both can help kids with ADHD, anxiety, dyslexia, or emotional challenges—but they serve different purposes.

A 504 is for:

  • Physical or mental impairment limiting major life activities
  • Supports that help your child access learning (e.g., extended time, preferential seating)

An IEP is for:

  • A disability that requires special education instruction
  • Direct services like speech, OT, behavioral supports, or specialized academic instruction

Real-life example:
A child with ADHD may get extended time with a 504—but if they’re still falling behind academically or emotionally, they may need an IEP with targeted interventions.

Does an ADHD diagnosis automatically qualify my child for a 504?

Short answer: No. Parents are often surprised by this. A diagnosis is helpful, but eligibility requires more than a doctor’s note.

Schools look at:

  • How ADHD affects functioning in and out of class
  • Whether symptoms substantially limit learning
  • What supports are needed for progress

Behavior is communication. If your child is melting down after school, avoiding homework, or struggling to initiate tasks, those are clues that deeper support may be needed.

Why does everyone say to ‘get it in writing’?

Because when emotions run high and staff turnover is constant, written communication protects your child—and your peace of mind.

Put in writing:

  • Support requests
  • Meeting notes
  • Follow-up questions
  • Assessment requests

Think of it like keeping a “paper trail for the brain.” It helps ensure accountability and keeps your child’s needs front and center.

When should I push for an evaluation or formal assessment?

If your child is struggling academically, socially, emotionally, or behaviorally—and classroom strategies aren’t helping—it’s time for a formal assessment.

Under IDEA’s Child Find, schools must identify and evaluate students who may have disabilities. But parents often need to initiate the process.

Signs it’s time:

  • Persistent dysregulation
  • Drop in grades
  • School avoidance
  • Teacher reports of difficulty
  • Emotional overwhelm at home

Yelling less and staying calm isn’t about being perfect—it’s about having the right tools.
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🗣️ “You must be the CEO of your child’s overall health and wellness—because not everyone in a school understands ADHD, anxiety, or dysregulation.”
— Dr. Roseann

IEPs and 504s can feel overwhelming, but once you understand the differences—and your rights—you can advocate with confidence. Remember, it’s not bad parenting; it’s a dysregulated brain. And with the right supports, it’s gonna be OK.

FAQ

Is a 504 easier to get than an IEP?

Yes. A 504 requires showing a substantial limitation. An IEP requires a disability and the need for special education services.

Can my child have both a 504 and an IEP?

Usually an IEP replaces the need for a 504, because it already includes accommodations.

How long does a school have to evaluate my child?

Timelines vary by state, but schools must act promptly under IDEA guidelines.

What if my school says my child is “fine”?

You can still request a formal assessment—in writing. Schools are legally required to respond.

Should I bring someone to an IEP meeting?

Yes. A second set of ears helps you absorb information and stay grounded.

Next Step:

Not sure where to start? Take the guesswork out of helping your child.
Use our free Solution Matcher to get a personalized plan based on your child’s unique needs—whether it’s ADHD, anxiety, mood issues, or emotional dysregulation.

Start here: www.drroseann.com/help

If you want to learn more about Vickie and Amanda's Inclusive Education Project, you can check out their website through this link:https://www.inclusiveeducationproject.org/. They also have a weekly Q&A on their Instagram account (@inclusiveeducationproject) in case you have any inquiries.

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Dr. Roseann Capanna-Hodge: Revolutionizing Children’s Mental Health

Dr. Roseann Capanna-Hodge’s podcast, It’s Gonna be OK!™: Science-Backed Solutions for Children’s Behavior and Mental Health, is in the top 2% globally. The podcast empowers parents with natural, science-backed solutions to improve children’s self-regulation and calm their brains. Each episode delivers expert advice and practical strategies, making it indispensable for parents of neurodivergent children or those with behavioral or mental health challenges.

Dr. Roseann, founder of The Global Institute of Children’s Mental Health and Dr. Roseann, LLC, created the Neurotastic™ Brain Formulas and BrainBehaviorReset® method. With her extensive experience, she provides families with hope and effective strategies to manage conditions like ADHD, anxiety, OCD, and PANS/PANDAS.

Forbes has called her “A thought leader in children’s mental health,” highlighting her revolutionary impact on mental health education and treatment. Through her podcast and innovative methods, Dr. Roseann continues to transform how we approach, treat and understand children’s mental health.
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