Montana 504 Evaluation Request Letter: What to Write and When

You've asked the school to evaluate your child for a 504 plan and gotten a noncommittal response — maybe they suggested waiting, maybe they pointed you to a pre-referral process, maybe the teacher said the child is "doing fine in the classroom." Meanwhile, your child is struggling every day.

Section 504 of the Rehabilitation Act is a federal civil rights law with no formal evaluation timeline comparable to IDEA's 60-day rule. But that does not mean the school can delay indefinitely. A written evaluation request triggers an obligation, and knowing how to structure that request determines whether you get traction or get ignored.

How 504 Evaluations Work in Montana Schools

Section 504 prohibits any program receiving federal funding — which includes all Montana public schools — from discriminating against a student with a disability. A student qualifies for 504 protections if they have a physical or mental impairment that substantially limits one or more major life activities. Major life activities include learning, reading, concentrating, communicating, sleeping, caring for oneself, and many others.

Unlike IDEA, Section 504 does not specify a standard evaluation instrument or a list of disability categories. Schools have discretion in how they evaluate, but they cannot simply refuse to evaluate a student who has documented evidence of a physical or mental impairment that may be limiting them in school. The evaluation process must be meaningful and individualized.

Montana schools are responsible for conducting Section 504 evaluations at no cost to the family. The evaluation must draw on multiple sources of information — teacher observations, grades, work samples, medical records, outside assessments — not just a single standardized test.

What Your 504 Evaluation Request Letter Needs

A written 504 evaluation request should include the following:

Child information:

• Full name, date of birth, grade, and current school
• Name of primary teacher or case manager

Identification of the impairment: Name or describe the physical or mental condition you believe may qualify your child. This could be a medical diagnosis (ADHD, anxiety disorder, Type 1 diabetes, a seizure disorder, a physical mobility limitation), or it can be a description of a condition for which your child has not yet received a formal diagnosis. You are not required to have a medical diagnosis in hand to request an evaluation — you are simply identifying that a possible impairment exists.

Description of how the impairment affects school functioning: Describe specifically how the condition limits your child in the school environment. Examples: difficulty sustaining attention during independent work periods, inability to manage stress during testing situations, frequent absences due to a chronic medical condition, difficulty moving between classrooms, fatigue that limits focus after lunch. Concrete examples are more effective than general statements.

Explicit request for a 504 evaluation: State clearly that you are requesting a 504 evaluation under Section 504 of the Rehabilitation Act and that you expect the school to respond in writing with either an evaluation plan or a written explanation of why it is declining to evaluate.

Request for written response: Ask the school to respond in writing within 10 business days confirming receipt and providing the proposed evaluation process and timeline.

Sample Letter Language for Montana 504 Evaluation Requests

[Date]

To: [Principal Name or 504 Coordinator], [School Name] CC: [District Special Services Director]

Dear [Name],

I am writing to formally request a Section 504 evaluation for my child, [Full Name], date of birth [DOB], currently enrolled in [grade] at [school name].

My child has [describe condition, diagnosis, or suspected impairment]. This condition affects their ability to [describe specific limitations at school — e.g., sustain attention during instruction, manage test anxiety, maintain stamina for a full school day, access the physical environment].

I am requesting a 504 evaluation under Section 504 of the Rehabilitation Act of 1973 and its implementing regulations at 34 CFR Part 104. I ask that the evaluation be comprehensive, drawing on multiple sources of information, and that it assess all areas where the impairment may be substantially limiting my child's access to education.

Please provide written confirmation of receipt of this request and inform me of the evaluation timeline. If you are declining to evaluate, please provide a written explanation of your reasons.

Sincerely, [Your Name] [Relationship to child] [Phone and email]

What Happens After You Submit the Request

The school should acknowledge receipt and schedule an evaluation. In practice, many Montana schools lack a dedicated 504 coordinator, and the process lands with the principal or a guidance counselor who may be unfamiliar with the procedure. If you receive no response within two weeks, send a follow-up letter referencing your original request date and restating that you expect a written response.

If the school declines to evaluate, they must give you a written explanation of why. That explanation should reference the specific evidence they reviewed. A vague verbal response of "we don't think he qualifies" is not a valid response to a written evaluation request.

If the school refuses to evaluate without providing adequate written justification, or if the evaluation process is unreasonably delayed, you can file a complaint with the U.S. Department of Education's Office for Civil Rights (OCR). Unlike OPI state complaints under IDEA, 504 complaints go to OCR, which has jurisdiction over Section 504 enforcement in Montana schools.

IEP vs. 504 Evaluation: Know Which Path You're On

Some children need both an IEP evaluation and a 504 evaluation, or parents are unsure which one to pursue. The key distinction: IDEA covers students who need specially designed instruction — changes to what and how they are taught. Section 504 covers students who need accommodations and supports within general education to have equal access — changes to the environment and conditions of learning.

If your child's needs may require specialized instruction (pull-out reading services, modified curriculum, one-on-one instruction), pursue an IDEA evaluation. If they primarily need accommodations (extra time on tests, preferential seating, the ability to take breaks, access to a quiet testing room), a 504 plan may be the right fit. Many children qualify for and benefit from both.

The Montana IEP & 504 Advocacy Playbook includes letter templates for both IDEA and Section 504 processes, including 504 evaluation requests, accommodation documentation, and response letters for when schools refuse or delay.

The One Mistake That Slows Everything Down

The most common mistake parents make is submitting a verbal or informal request and then waiting. Verbal requests do not create a paper trail, and without a paper trail, there is nothing to file a complaint about if the school stalls. Every request you make should be in writing, clearly dated, and sent in a way that gives you a record of delivery — email with a read receipt, certified mail, or hand-delivery with a signed receipt from the office.

In small Montana districts where staff turnover is high and institutional memory is short, written documentation is the only reliable way to ensure your request doesn't fall through the cracks when a counselor leaves mid-year or a new principal takes over.

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