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Thursday, November 8, 2012

Right to evaluation under §504

A school can not condition the right to an evaluation under §504 on allegations by the parent of discrimination based upon disability. OCR stated that: “ [t]he regulation implementing Section 504 requires a school district to conduct an evaluation of any student it has reason to believe needs or may need special education and/or related services because of a disability. The failure to conduct an evaluation of a student suspected of having a disability is an act of discrimination under the regulation implementing Section 504; no other proof of discrimination is needed or required under the regulation prior to initiation of the evaluation.”