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. If you disagree with the district, you would have to file for a Section 504 hearing to require the district to evaluate your child for eligibility.[1]
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.[2]