The Section 504 Evaluation Process: Your Rights and What to Expect
- Accessible Education
- Nov 11
- 9 min read
Once you understand that your child might qualify for Section 504 protections, the next critical step is the evaluation process. This process determines whether your child has a disability under Section 504 and what services they need. Understanding your rights during this process and knowing what to expect can help you advocate effectively for your child.
When Must Schools Evaluate?
Schools have a legal obligation called "Child Find" to identify and locate any student who needs or is believed to need special education or related services because of a disability. This obligation exists whether or not a parent has made a formal request.
The Trigger for Evaluation
A school must conduct an initial evaluation, at no cost to parents, when it has reason to believe a student needs special education or related services because of a disability. What triggers this obligation?
Schools should evaluate when they observe or become aware of:
Repeated disciplinary referrals for behaviors like inappropriate verbal outbursts or classroom disruptions
Observable behaviors outside the expected range for the student's age (restlessness, trouble organizing tasks, excessive daydreaming, inability to stay seated)
Significant difficulty beginning tasks, organizing information, or completing assignments
Chronic medical conditions reported by parents or known to the school
A high number of discipline referrals compared to peers
A parent or guardian requests an evaluation
Information that the student has been diagnosed with a disorder outside of school (such as ADHD, anxiety, diabetes)
Frequent absences due to a medical condition
Signs that a student is working extraordinarily hard to maintain grades
Important: A student earning good grades (even a high GPA) does not justify denying or delaying an evaluation if a disability is suspected. Academic success alone does not mean a student doesn't have a substantially limiting impairment.
Can Schools Refuse to Evaluate?
Schools can refuse to conduct a Section 504 evaluation, but only if they have reason to believe the evaluation is not warranted. However, if they refuse, they must follow specific procedures.
What Schools Must Do If They Refuse:
Inform you of the refusal in writing
Inform you of your procedural safeguard rights, including your right to challenge the decision
Provide you the opportunity to challenge the school's decision through an impartial hearing (due process)
When Refusal May Violate Section 504:
A school district violates Section 504 when it denies or delays conducting an evaluation when a staff member should have reasonably suspected that a student has a disability and needs services because of that disability.
Example of improper refusal: A teacher tells a parent that an evaluation is "not necessary at this time" because the student is earning B's and C's, but the student has frequent absences due to a chronic medical condition and shows signs of fatigue and difficulty concentrating. This refusal could be found impermissible because the evidence suggests a disability-related need regardless of current grades.
Your Right to Challenge:
If the school refuses to evaluate your child and you disagree, you have the right to request an impartial due process hearing to resolve the disagreement. The school must provide you with information about how to pursue this option.
Can Parents Refuse Evaluation?
Yes, parents can refuse consent for an initial evaluation under Section 504. However, schools also have recourse if they believe an evaluation is necessary.
If You Refuse:
If you refuse consent for an initial evaluation and the school district still suspects your child has a disability, the school district may use due process hearing procedures to seek to override your denial of consent for the initial evaluation.
Why This Matters:
The school's ability to override parental refusal ensures that students who need services receive them, even if parents are hesitant or unaware of the benefits. However, schools must go through formal procedures to do this; they cannot simply evaluate without your consent.
What Must a Section 504 Evaluation Include?
The evaluation process must follow specific standards to ensure students are not misclassified or inappropriately placed. Section 504 requires comprehensive evaluations that draw from multiple sources.
Required Components
1. Variety of Sources: The Section 504 Team must draw from a variety of sources in the evaluation process to minimize the possibility of error. The information obtained from all sources must be documented, and all significant factors related to your child's learning process must be considered. Sources may include:
Aptitude and achievement tests
Teacher recommendations
Physical condition (including medical diagnosis or assessment results)
Social and cultural background
Adaptive behavior
Information from the student
Information from parents and caregivers
Input from other professionals (counselors, therapists, physicians)
2. More Than Just IQ Tests: Evaluations must consist of more than mere IQ tests. Tests must be tailored to evaluate specific areas of educational need relevant to your child's suspected disability.
3. Validated and Appropriate Tests:
Tests must be validated for the specific purpose for which they are used
Tests must be administered by trained personnel
Tests administered to students with impaired sensory, manual, or speaking skills must accurately reflect the student's aptitude or achievement rather than the impaired skills (except where those skills are what is being measured)
4. Consideration of Mitigating Measures: This is crucial. When determining if your child's impairment substantially limits a major life activity, the Section 504 Team must not consider the beneficial effects of any mitigating measures your child uses (such as medication, learned behavioral modifications, or assistive devices), except for ordinary eyeglasses or contact lenses.
The team must evaluate your child based on their unmitigated state, how they would function without these supports.
5. Medical Assessments When Necessary: If the Section 504 committee determines that a medical assessment is necessary to conduct the evaluation and establish the disability, the school district must ensure your child receives this assessment at no cost to you.
Who Makes Up the Section 504 Team?
The evaluation and placement decision must be made by a group of knowledgeable persons, often called the Section 504 Team or Section 504 Committee.
Required Expertise
The team must include persons knowledgeable about:
The student (people who know your child and their needs)
The meaning of the evaluation data (people who can interpret test results and observations)
The placement options (people who understand what services and settings are available)
Best Practice Membership
The team should ideally include:
Individuals who can allocate resources (such as administrators who can authorize purchasing equipment or reassigning staff)
Teachers who work with your child
School counselors or psychologists who can interpret evaluation data
The Section 504 Coordinator
Parents or guardians (your input should be collected, and you should be encouraged to participate)
Other relevant professionals (school nurse, behavior specialist, etc., as appropriate)
Your Role as a Parent
While federal law does not strictly require parents to be members of the Section 504 committee, parental input should be collected by the school, and you should be provided ample opportunity to participate in meetings. Your observations and information about your child's functioning at home and in other settings are valuable sources of data.
What Are the Timeline Expectations?
Section 504 regulations do not provide a specific, mandatory timeline for completing evaluations. However, evaluations must be conducted in a timely manner for schools to meet their FAPE requirements.
The Reasonableness Standard
The Office for Civil Rights (OCR) uses a reasonableness standard in determining whether an evaluation was conducted in a timely manner. OCR generally looks to IDEA timelines or state requirements to assess reasonableness.
Texas-Specific Timelines
In Texas, special education evaluations must be completed within 45 school days of receipt of parental consent, subject to certain exceptions. OCR encourages Texas school districts to follow this state special education timeline for Section 504 evaluations after receiving parental consent.
What Constitutes Unreasonable Delay
It would likely be found unreasonable for a district to delay your child's evaluation because:
The district lacks sufficiently trained personnel
The district chooses instead to implement other school-wide supports (like Response to Intervention)
Administrative convenience or scheduling issues
Budget concerns
If the evaluation is necessary to determine FAPE, the school must conduct it promptly.
Is an Outside Evaluation or Diagnosis Enough?
Many parents bring documentation from private physicians, psychologists, or other healthcare providers. This documentation is important, but it alone is not sufficient for Section 504 eligibility.
What You Need to Know
An outside evaluation or medical diagnosis is not enough by itself to qualify your child. However, it is a vital part of the required evaluation process.
Why diagnosis alone isn't sufficient:
A medical diagnosis of an illness or condition does not automatically mean a student receives services under Section 504
The impairment must substantially limit a major life activity (not just be present)
The student must need services because of that disability
The diagnosis alone is unlikely to provide enough information for the team to determine what specific services your child needs
How outside evaluations are used:
A physician's medical diagnosis or a licensed clinician's evaluation may be considered among other sources in evaluating a student
Outside evaluations provide valuable information about your child's condition and functioning
This documentation should be reviewed and considered by the Section 504 Team, along with school-based data
The school's obligation: If you submit an outside evaluation, the school is obligated to use that information along with other data and make its own determination regarding Section 504 eligibility and FAPE. The Section 504 Team must still draw from a variety of sources, which includes but is not limited to your outside documentation.
The Evaluation Meeting
Once the evaluation is complete, the Section 504 Team meets to review the data and make determinations about eligibility and needed services.
What Happens at This Meeting
1. Review of All Evaluation Data: The team reviews information from all sources collected during the evaluation process.
2. Determination of Disability: The team determines whether your child meets the definition of having a disability under Section 504:
Does your child have a physical or mental impairment?
Does that impairment substantially limit one or more major life activities?
What major life activities are substantially limited?
3. Determination of Need for Services: If your child has a disability, the team then determines:
Does your child need regular or special education, related aids and services, or supplementary aids and services (accommodations) because of the disability?
What specific services, accommodations, or supports does your child need?
4. Placement Decision: If your child is eligible, the team determines the appropriate educational placement and documents needed services (often in a Section 504 Plan).
What If You Disagree with the Evaluation Results?
If you disagree with the school's determination regarding your child's eligibility or the services offered, you have specific rights.
Disagreements About Eligibility
Disputes regarding eligibility (whether a student has a disability and is eligible for services) are precisely the type of complaint that should be resolved through the procedural safeguards system. Your options if you disagree:
Request additional evaluation data or ask the team to reconsider
Provide additional documentation from outside providers
Request an impartial due process hearing to challenge the eligibility decision
File a complaint with the Office for Civil Rights (OCR) if you believe your child's civil rights have been violated
Required Notice of Your Rights
The school must provide you with notice of your procedural safeguard rights, which include:
Notice explaining the evaluation and placement decisions
Opportunity to review relevant records
Right to an impartial hearing with the opportunity to participate and be represented by counsel
Review the procedure to appeal the hearing outcome
Preparing for Your Child's Evaluation
As a parent, you can take steps to support the evaluation process:
Before the evaluation:
Document your concerns in writing
Keep records of behaviors, challenges, medical appointments, and diagnoses
Gather any outside evaluations or medical documentation
Make a list of specific examples of how your child's impairment affects them at school and home
Share information about medications or other mitigating measures your child uses
During the evaluation:
Respond promptly to school requests for information
Attend meetings and provide input
Ask questions if you don't understand something
Request clarification about what tests will be administered and why
After the evaluation:
Review all evaluation reports carefully
Ask for explanations of any results you don't understand
Provide feedback if you believe important information was missed
Request a copy of all evaluation documents for your records
The Bottom Line
The evaluation process is a critical step in determining whether your child qualifies for Section 504 protections and what services they need. Key points to remember:
Schools must evaluate when they have reason to believe your child needs services because of a disability
You can request an evaluation at any time
The evaluation must be comprehensive, drawing from multiple sources
Your child must be evaluated without considering the beneficial effects of medications or supports
Schools cannot unreasonably delay evaluations
Outside evaluations are important, but not sufficient alone
A knowledgeable team makes the eligibility and service decisions
You have the right to participate and to challenge decisions you disagree with
Understanding the evaluation process and your rights empowers you to ensure your child receives a thorough, fair evaluation that accurately identifies their needs and the supports necessary to provide them with an equal educational opportunity.
Next in this series: The Section 504 Plan - Your Child's Educational Blueprint
Previous article: Section 504 vs. Special Education (IDEA) - Understanding the Difference
Have More Questions About the Section 504 Evaluation Process?
We can help you navigate every step, from requesting an evaluation to understanding the results. Learn more about our Special Education and Section 504 Advocacy Services or request a free consultation.
