2. • There are many cases that happen in
which a child has a disability but it does not
qualify them for special education services
under IDEA. However, this child could be
eligible for disability-related educational
needs under Section 504 of the
Rehabilitation Act of 1973.
3. • Parental consent must be given before the
school may evaluate the student.
• Parents or guardians may be present for
the evaluation if they wish to be.
• Parents or guardians can ask the child
being evaluated the questions on the
evaluation if they would like to.
• Parents may also request for their child to
be evaluated if they feel their child needs
to be.
4. • Use nondiscriminatory evaluation and
placement procedures to avoid the
inappropriate education that may result
from the misclassification or
misplacement of students.
• Use procedural safeguards to enable
parents and guardians to participate
meaningfully in decisions regarding the
evaluation and placement of their
children.
5. • Students with disabilities who are protected
under Section 504 but are not eligible for IDEA
services must be afforded a FAPE through a
designated process. This includes referral,
evaluation, program planning, placement, and
reevaluation. Schools will establish policies that
spell out steps that should be taken to provide
these services.
• Schools can use the same process they use with
IDEA, or they can develop a set of procedures
that is specific to students who are protected by
Section 504.
