34 C.F.R. § 300.301

Current through March 31, 2024
Section 300.301 - Initial evaluations
(a)General. Each public agency must conduct a full and individual initial evaluation, in accordance with §§ 300.304 through 300.306 , before the initial provision of special education and related services to a child with a disability under this part.
(b)Request for initial evaluation. Consistent with the consent requirements in § 300.300 , either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.
(c)Procedures for initial evaluation. The initial evaluation-
(1)
(i) Must be conducted within 60 days of receiving parental consent for the evaluation; or
(ii) If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and
(2) Must consist of procedures-
(i) To determine if the child is a child with a disability under § 300.8 ; and
(ii) To determine the educational needs of the child.
(d)Exception. The timeframe described in paragraph (c)(1) of this section does not apply to a public agency if-
(1) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or
(2) A child enrolls in a school of another public agency after the relevant timeframe in paragraph (c)(1) of this section has begun, and prior to a determination by the child's previous public agency as to whether the child is a child with a disability under § 300.8 .
(e) The exception in paragraph (d)(2) of this section applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed.

34 C.F.R. §300.301

71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007

Authority: 20 U.S.C. 1414(a)