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Letter 35: Request for a Section 504 Evaluation

When to Use It

Send this letter to the district’s Section 504 coordinator when your child has - or you believe your child has - a physical or mental impairment that substantially limits a major life activity, and needs help at school. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) forbids disability discrimination in any program that takes federal money. Its regulations require the district to evaluate any student who, because of disability, needs or is believed to need special education or related services (34 C.F.R. § 104.35(a)). Major life activities include learning, reading, concentrating, thinking, walking, and breathing, among others (42 U.S.C. § 12102(2); 34 C.F.R. § 104.3(j)(2)(ii)).

Two things to know before you send. First, districts with 15 or more employees must designate a 504 coordinator (34 C.F.R. § 104.7(a)) - call the district office and get the name. Second, “substantially limits” is read broadly, and the district may not count the helpful effects of medication or other mitigating measures against your child, apart from ordinary glasses or contact lenses (42 U.S.C. § 12102(4)(E)). “She’s fine on her medication” is not a lawful basis to refuse.

Send it to: the district’s Section 504 coordinator, with a copy to the principal.