Accommodating cognitively disabled lawyers
Certainly, children with these diagnoses have skills deficits that need remediation, justifying having goals, objectives and specific strategies or interventions to assist them in developing these skills.
While schools may use the IEP format to write a 504 plan, most schools do not do so.
If this is the case, the IEP more clearly supercedes any limiting policy.
In your situation, the problem is further complicated because the staff apparently supported placement in kindergarten, but the person writing the IEP document didn't write that in it.
And is there any precedent in past cases of a 6 year old being placed in kindergarten rather than 1st grade?
First, generally, the issue of promotion and grade level placement is not automatically viewed as an IEP issue by most school districts.
I know that IDEA requires that students be below grade level to some degree, but I thought that section 504 applied even if a student was succeeding in school.
I also thought that impairment in hearing and concentrating (ADHD) counted as disabilities under section 504.
We had an IEP for a 6-year-old child who had not yet attended kindergarten.
Rather, their 504 plans are often focused on accommodations and not on plans for how the child will develop needed skills and how the child's progress will be monitored.
If your child is already on an IEP, the school must convene a meeting to decide to terminate special education eligibility.
Each also requires that the student needs some form of intervention to address the disability and its impact.
The difference is that to be eligible for special ed (an IEP), the student must require some form of special education instruction, whereas to be eligible for a Section 504 plan, a student can be eligible based solely on the need for related services or accommodations.