Parkway School District
Recommended Procedures When Parent/Guardian
Refuses To Consent To A Section 504 Evaluation
(instructions for letters on page #2; letters on pages #3 & #4)
Following a decision to refer a student for a Section 504 evaluation, the parent/guardian is to be
appropriately notified in writing of that decision and provided with copies of the procedural
safeguards under Section 504. Unless the parent/guardian submits an appeal (i.e., to the Parkway
Superintendent of Schools), the referral/evaluation process must proceed as required by
law/regulations. However, WRITTEN CONSENT FOR EVALUATION is REQUIRED from the
parent/guardian BEFORE an evaluation can begin.
If the parent/guardian refuses to sign consent for evaluation OR otherwise formally
appeals/objects (i.e., in writing) to the referral/evaluation, the school has to decide one of the
following:

Respect the parent/guardian position and decision, DROP the “SUSPECTED” disability,
and take no further action related to disability identification or mediation/due process. The
student will be considered and treated, in all respects, as a non-disabled student, unless a
decision is made otherwise or the parent requests an evaluation at a later date. [page #3]

Respect the parent/guardian position and decision AT THIS TIME and take no further action
related to evaluation or mediation/due process, BUT MAINTAIN the “SUSPECTED”
disability. Continue to provide interventions/supports and procedural safeguards in the
interim and until the Care Team can make a decision at a later date regarding
referral/evaluation. [page #4]

Request an opportunity to meet with the parents, the appropriate Assistant Superintendent,
and someone from Parkway’s Special Services Department to resolve the matter.
If the 1st or 2nd option is appropriate, notify the parent in writing by using one of the following
letters [letter dropping “suspected” disability on page #3 of this document; letter maintaining
“suspected” disability on page #4]. Directions are on page #2 of this document.
The decision as to which option (above) is appropriate should be based on a number of factors, but
the student’s relative success or lack of success without proceeding should be given due
consideration. The Parkway Special Services Department normally should be consulted prior to
making a final decision and sending a letter to the parent/guardian.
Parkway School District – July 13, 2010
PARENT/GUARDIAN REFUSES CONSENT
FOR A SECTION 504 EVALUATION

Collaboratively decide which letter (dropping “suspected” disability – page #3;
maintaining “suspected” disability – page #4) is appropriate and is to be sent.

Fill out parent/guardian (or majority age student) name and address.

Determine appropriate language (i.e., “refusal to provide consent for” OR “written
objection to”) for the first sentence.

Fill in STUDENT NAME and make any necessary modifications to the letter
appropriate to the circumstances of the case.
 If the student is of majority age:
 ADDRESS/SEND letter to student and, IF student is a dependent, ADD
copy for parent/guardian
 REPLACE “[STUDENT FIRST NAME] has” with “you have” in
paragraph #1
 REPLACE [STUDENT FIRST NAME] with “you” in paragraph #2
 DROP [STUDENT FIRST NAME] in paragraph #3

Determine and list copies as appropriate/needed. Copy the:
 “School Registrar/Student’s Education Record” (no staff name)
 “Special Services Department” (no staff name)
 appropriate assistant superintendent when dropping the suspected disability
 student’s guidance counselor, assistant principal (if different than the
administrator signing the letter), and others when appropriate/necessary
 parent/guardian IF majority age student is a dependent.

Date the letter.

Print on school letterhead.

The principal or the assistant principal who is responsible for disabilities is to sign
the letter.

Include the enclosure (“Section 504 Parent/Student Rights”) with the letter.

Send the letter via regular AND certified mail.

Send copies as needed. Attach copies of additional documentation (i.e., parent
refusal/objection) to all copies.

Place a copy of the letter and attachments in the student’s education record
and, if applicable, notify the registrar that the student is now “non-disabled.”
Parkway School District – July 13, 2010
[DATE]
VIA REGULAR AND CERTIFIED MAIL
[PARENT/GUARDIAN NAME
AND ADDRESS]
RE: [STUDENT NAME] (d.o.b.: )
Dear [NAME]:
We are responding to your [“refusal to provide consent for” OR “written objection to”] an evaluation to
determine if [STUDENT NAME] has a disability under Section 504 of the Rehabilitation Act of 1973.
Apparently, you do not believe there is a disability and/or do not want a free appropriate public education
(FAPE) to be provided under Section 504. Since we respect your rights and opinions regarding your child, we
will not pursue this further at this time. We are enclosing a copy of the Section 504 rights/safeguards for your
information.
[STUDENT FIRST NAME] now will be considered “NON-DISABLED.” The safeguards/entitlements
required by federal and state disability laws and regulations will not be provided. Instruction, assessment,
discipline, and all other expectations/standards of accountability (e.g., achievement, Code of Student Conduct,
graduation requirements) will be provided and apply as they do for all other general education students.
Services, interventions, and supports available to all students through the general education program will be
provided when appropriate, however.
If you want [STUDENT FIRST NAME] to be evaluated now or in the future to determine if there is a
disability, please notify the appropriate school administrator or counselor. Since the “child find provisions” of
the laws require districts “to identify, locate and evaluate a child who is suspected of having a disability and
being in need of special education and related services,” school staff also may need to initiate a
referral/evaluation in the future.
Please let us know if you have any questions or want to discuss this directly. You also may contact Parkway’s
Special Services Department (314-415-8071) or the U.S. Department of Education Office for Civil Rights
(www.hhs.gov/ocr or 1-816-268-0550) for additional information. We want every student to be successful and
to work cooperatively with you, but also respect your right to make this decision. Please don’t hesitate to
contact us. Thank you.
Sincerely,
NAME, Principal OR Assistant Principal
[PHONE #]
Enclosure (“Section 504 Parent/Student Rights”)
C: School Registrar/Student’s Education Record
Student’s school counselor
Student’s Parkway assistant principal [if applicable]
Parkway Special Services Department
Parkway Assistant Superintendent
[other copies as needed]
[DATE]
VIA REGULAR AND CERTIFIED MAIL
[PARENT/GUARDIAN NAME AND ADDRESS]
RE: [STUDENT NAME] (d.o.b.: )
Dear [NAME]:
We are responding to your [“refusal to provide consent for” OR “written objection to”] an evaluation to
determine if [STUDENT NAME] has a disability under Section 504 of the Rehabilitation Act of 1973.
Apparently, you do not believe there is a disability and/or do not want a free appropriate public education
(FAPE) to be provided under Section 504. Since we respect your rights and opinions regarding your child, we
will not pursue this further at this time. We are enclosing a copy of the Section 504 rights/safeguards for your
information.
After careful consideration and discussion, however, we have decided to maintain the “SUSPECTED”
disability status at this time. Our school’s Care Team will review the case at a later date and notify you of any
decisions made. Until further communication, Parkway will provide the procedural safeguards guaranteed
under Section 504 and the services, interventions, and supports available through the general education
program.
If you want [STUDENT FIRST NAME] to be evaluated now or in the future to determine if there is a
disability, please notify the appropriate school administrator or counselor. Since the “child find provisions” of
the laws require districts “to identify, locate and evaluate a child who is suspected of having a disability and
being in need of special education and related services,” school staff also may need to initiate a
referral/evaluation in the future.
Please let us know if you have any questions, want to discuss this directly, or object to our proposed plan of
action. You also may contact Parkway’s Special Services Department (314-415-8071) or the U.S. Department
of Education Office for Civil Rights (www.hhs.gov/ocr or 1-816-268-0550) for additional information. We
want every student to be successful and to work cooperatively with you, but also respect your right to make
this decision. Please don’t hesitate to contact us. Thank you.
Sincerely,
NAME, Principal OR Assistant Principal
[PHONE #]
Enclosure (“Section 504 Parent/Student Rights”)
C: School Registrar/Student’s Education Record
Student’s school counselor
Student’s Parkway assistant principal [if applicable]
Parkway Special Services Department
Parkway Assistant Superintendent
[other copies as needed]