Gerry: Does a child with a disability (autism and ADHD) have to be re-evaluated every 3 years in order to retain the 504 status?
Section 504: DOES 504 REQUIRE A TRIENNIAL RE-EVALUATION?
Special Education Law and Advocacy
Our son was eval’d by the CST in 2012 and given a 504 plan which includes add’l time on tests. He is also gftd w/hi IQ and an A student. We review the 504 annually and make modifications to the plan as needed when services were no longer req’d. He is now in 8th grade. In order to qualify for a gftd summer program through John’s Hopkins CTY, he must take an SAT test. In order to receive accommodations for extra time, the College Board requires that testing for need be done w/i a 5 year period. I was unaware that there was a requirement for the school to re evaluate within a 3 year period and am not really sure this is a law. I asked for the re evaluation. The school called a meeting to review his 504 plan and said they would get back to me w/re to the request. Do they have to re evaluate?
Suzanne,
Jill G below left an answer that there is no rule on how frequently a re evaluation must occur. I know for an IEP because that is an entire plan the child must be evaluated every 3 years. It sounds to me like the school is trying to be proactive and see if your son is doing well. They maybe doing this because maybe some of his accommodations need to be changed or new accommodations need to be added. You can always go up to the school and ask why or write them a letter (paper trail) asking them to explain to you why they feel it is necessary to re-evaluate.
Fast forward to April. The public school denied our request to re evaluate stating that they are not required to do so. His 504 is reviewed each year and they feel that he does not need a re evaluation. No summer program at John’s Hopkins unless we have 8,000.00 to have a private eval done.
Our son was accepted to a private school and they require a full neuro-psych in order for our son to be given extra time on tests. Parts of the WISC IV- WM and PS (coding and digit span) are in the 25th percentile. Here we go again…Now we are going to spend 8k to have him be able to keep the extra time on tests.
The school is only required to evaluate if needed for the plan in the public school setting. You are requesting evaluations for programs outside of the school.
Gerry –
Section 504 requires periodic re-evaluation to retain eligibility, but there is no hard and fast rule for how frequently the re-evaluation must take place.
OCR suggests IDEA’s 3-year time frame and procedures as one way that a school district can meet its obligations under Section 504, but a school district is generally free to set up their own procedures and time frame.
I am a 504 Coordinator. It is the law in my state that 504’s must be re-evaluated every three years, and reviewed yearly. Parents must consent to the initial evaluation and plan. After that, teachers and other pertinent staff conduct the yearly’s and re-evals with parents invited to comment.
The re-evaluation for College Board accommodations is not cognitive in nature.