Can a child with a 504 plan be in a self contained sped room with only disabled peers?
I cannot find in writing something that specifically states that a child with only a 504 cannot be in an exclusively SPED class without an IEP. The other children in the class are all LD and the student with the 504 is not cognitively impaired. The 504 student has ODD and has a personal aide. Please help me find something about appropriate classroom placement. Something SPECIFIC! The CST believes that self contained SPED is covered by the 504. I do not believe that this is legal.
A child with a 504 plan in a special education room sounds quite intensive for services, however, I am not sure if this is illegal. I do not know which state you reside, but I am fairly confident that most states have a legal services association that can guide you for free or at a minimal cost (e.g. Legal Aid). You may wish to contact your local library as they often have a wealth of general special education information and contact information for people who may be able to assist you.
Also, you can ask to reconvene your child's special education multi-disciplinary team and request a copy of 504 statutes in writing to take with you. Then you can read them and if you wish, consult with someone who understands and can explain to you legal educational documentation.
Lastly, please ask to observe within the classroom. You may see that your child's needs are being met quite well and not at all what you imagine. Keep in mind that a child who is LD (Learning Disabled) is not cognitively impaired. By definition LD means that a child has average or above average cognitive skills with processing deficits and a statistically significant discrepancy between cognition and academic skills. You may be surprised to find out that the LD children in the room are very bright!
Good luck and I have placed some resources below that perhaps may be able to assist you.
I will tell you what teachers have told me-school do sometimes develop 504's instead of IEP's when the child should really have an IEP. That being said, I am including a link to a website that really is helpful in determining your legal rights.