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

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

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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 him. You would have to file for a Section 504 hearing to require the district to evaluate your child for eligibility. [OCR Memorandum, April 29, 1993; 19 IDELR 876.]

However, if a district does agree that a child has or may have such an impairment, a delay of four months to conduct the evaluation was found to be a violation of Section 504. [Tracy Unified School District (2015) Office for Civil Rights, Western Division, San Francisco.]