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(16.13) If I request an assessment for Section 504 eligibility, does the school district have to assess my child to determine their eligibility for accommodations and/or services?

(16.13) If I request an assessment for Section 504 eligibility, does the school district have to assess my child to determine their eligibility for accommodations and/or services?

No.  If the school district believes that your child does not have a “physical or mental impairment which substantially limits a major life activity”, the district may refuse to evaluate them.  You would have to file for and prevail in a Section 504 hearing to require the district to evaluate your child for eligibility. [1] 

  1. OCR Memorandum April 29, 1993; 19 IDELR 876.[]