Office for Civil Rights Enters into Resolution Agreement with Wilkes County Schools (GA)
The findings for OCR Complaint Number 04-25-1604 is a reminder that insisting on additional medical records before even starting an evaluation contradicts Section 504.
March 19, 2026, U.S. Department of Education’s Office for Civil Rights (OCR) and Wilkes County Schools (WCS) in Georgia entered into a resolution agreement to address how WCS handled a student’s requests for a 504 Plan. OCR issued a letter of findings March 24, 2026.
Based on the wording of the findings, it’s assumed the complaint was filed by a parent and/or other legal guardian. The complainant alleged that WCS failed to timely evaluate the student for a Section 504 plan after the complainant notified staff that the student “was diagnosed with [redacted content] and [redacted content], that she has incurred absences as a result and would be undergoing an upcoming surgery, necessitating further absences.”
What Sparked the Complaint?
The complainant said the district ignored repeated requests to evaluate her daughter for a Section 504 plan. According to OCR, the parent told staff in November 2024 that her daughter had two medical conditions, was missing school because of them, and would need surgery. She asked the school to start the Section 504 process. The district claims a counselor told her that the evaluation would begin once she provided medical documentation, but the parent disputes that conversation. Either way, the child remained without formal supports.
OCR’s investigation showed that the district already had several doctors’ notes and letters describing the student’s diagnoses. Georgia’s own Section 504 guidance says an evaluation obligation can be triggered by a student’s performance, behavior or other signs of disability—not just a parent’s request. OCR found that insisting on additional medical records before even starting an evaluation contradicts Section 504, especially when the district already had documentation.
Why do Timelines Matter?
Federal regulations under Section 504 and Title II of the Americans with Disabilities Act prohibit discrimination based on disability in programs receiving federal funding. They require schools to provide a free appropriate public education (FAPE) by meeting each student’s individual needs as adequately as those of nondisabled peers. When a student might need special education or related services, districts must conduct an evaluation before changing placements or deciding eligibility.
While Section 504 doesn’t set a hard deadline, OCR noted that long delays can effectively deny access to education. It referenced the 60‑day evaluation timeline in the Individuals with Disabilities Education Act (IDEA) and Georgia regulations as a helpful benchmark for what is reasonable. In this case, the student withdrew from the district before any evaluation or procedural safeguards were offered, despite clear signs she might qualify for accommodations.
Key Provisions of the Resolution Agreement
Rather than contest OCR’s preliminary findings, Wilkes County Schools entered into a voluntary resolution agreement. This does not mean the district admitted wrongdoing, but it did agree to specific actions. The agreement, signed March 19, 2026, does not constitute an admission of liability but lays out the specific corrective actions that follow below
Action Item 1—Assurance to Student
“Should the Student reenroll in the District, the District shall ensure that it will comply with applicable federal laws in its implementation of any existing Individualized Education Program (IEP) or Section 504 plan; or it will, within sixty (60) days of reenrollment and request for an evaluation, complete the process for an IEP or Section 504 evaluation of the Student.
“Within sixty (60) calendar days of the Student’s reenrollment in the District, the Student’s IEP or Section 504 team with the District shall convene to determine the student’s grade-level placement, as well as whether the Student is owed any compensatory educational services for the 2024 – 2025 school year due to the delay in her Section 504 evaluation.
“REPORTING REQUIREMENT: Within seventy-five (75) calendar days of the Student’s reenrollment in the District, the District will provide OCR with any and all evaluation materials and eligibility determinations, should it conduct its own evaluation, as well as any and all IEP or Section 504 meeting notes evidencing the determination with regards to compensatory education services, along with a plan for the provision of compensatory education services, should the team determine to provide such.”
Action Item 2—Training
“Within sixty (60) calendar days of the effective date of this Agreement, the District will provide Section 504/Title II training(s) for all School administrators, faculty and staff charged with implementing Section 504/IEP plans regarding the evaluation process for its students. The training shall be conducted by qualified individual(s) with demonstrated knowledge/experience of the requirements of Section 504 and Title II to ensure free appropriate public education.
“REPORTING REQUIREMENT: Within thirty (30) calendar days of the District’s completion of the training, the District will provide OCR with a report confirming the completion of the training(s), including: (a) the background and qualifications of the presenter(s)/trainer(s); (b) a copy of the transcript(s)/materials used for the trainings; (c) dated sign-in sheet(s) that include the name and title of all administrators and faculty/staff who completed the training(s); and, (d) the District’s plans to offer the training to School staff, administrators and faculty who were unable to attend the scheduled training session(s).”
Final Words
Although the complaint involved one student, the findings are instructive for districts nationwide. OCR reaffirmed that Section 504 and Title II prohibit unnecessary delays in evaluating students with suspected disabilities and that requiring medical documentation before initiating evaluations is incompatible with federal law. For families, the case underscores the importance of documenting disability‑related concerns and advocating for timely evaluations. For educators, it highlights the need for robust training and adherence to both Section 504 and IDEA timelines to avoid OCR scrutiny and ensure all students receive the support they are entitled to.