Evaluation

School districts must evaluate students suspected of having a disability according to established policies and procedures. It should be noted, evaluation under Section 504 is not a full comprehensive evaluation as required under IDEA. Evaluation under Section 504 may encompass record and work sample review; direct observation in the natural setting, interview with the student, parent and school personnel; and/or administration of assessment measures. Evaluation may or may not include administration of a formal standardized instrument. Tests and other evaluation materials must meet the following criteria:

• Have been validated for the specific purpose for which they are used and are administered by trained personnel
• Be tailored to assess specific areas of educational need and not merely those designed to provide a single intelligence quotient
• Accurately reflect aptitude or achievement or whatever else the tests purports to measure rather than reflect the student's impaired sensory, manual, or speaking skills (unless the test is designed to measure these particular factors) [34 CFR 104.35(b)]

If a student with a disability needs or is believed to need special education or related services, the district must evaluate the student before taking any action with respect to initial provision of accommodations in a general or special education program and any subsequent significant change in placement [34 CFR 104.35(a)]. Evaluation under Section 504 may include record and work sample review; direct observation in the natural setting; and/or interview with the student, parent, and school personnel. It may be determined that additional data are required, including the administration of formal standardized instruments.

Even though 34 CFR 104.36 does not contain a requirement for obtaining parental consent for evaluation, the U.S. Department of Education, Office for Civil Rights (OCR) has interpreted Section 504 to require districts to obtain parental consent for initial evaluation. This interpretation is stated in the OCR document “Protecting Students with Disabilities,” question # 40. This document can be found at http://www.ed.gov/about/offices/list/ocr/504faq.html. OCR’s current position on parental consent for initial evaluation was made clear in its 1997 letter to Durheim, 27 IDELR 380 (OCR1997), stating that the Section 504 regulations require parental consent prior to the conduct of initial student evaluation procedures for the identification, diagnosis, and prescription of specific educational services.

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MYTH: All students who display characteristics of Attention Deficit/Hyperactivity Disorder (AD/HD) must be evaluated by the school district to determine whether the student is Section 504 eligible.

MYTH: Section 504 requires extensive, formal evaluations, even for a student who is temporarily disabled.

Next: Click to proceed to Eligibility.