Section 7-34-D-300.301 - Initial evaluations(a)General. Each public agency must conduct a full and individual initial evaluation, in accordance with §§300.305 (Additional Requirements for Evaluations and Reevaluations) and 300.306 (Determination of Eligibility), before the initial provision of special education and related services to a child with a disability under the IDEA 2004 regulations.(b)Request for initial evaluations. 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. (1) When a verbal or written request for an initial evaluation is requested by: (i) a parent, the multidisciplinary evaluation team (MET) must meet within fourteen (14) calendar days to consider the request and to determine if a comprehensive evaluation is necessary. (a) After reviewing the request and other pertinent documentation, Written Prior Notice for Initial Evaluation or Written Prior Notice for Refusal to Evaluate must be given to the parent within seven (7) calendar days of the meeting.(b) Day one would be the day the parent makes the verbal or written request to the LEA (teacher, principal, secretary, special education director, etc.). The MET must make a decision within fourteen (14) calendar days of the parent's request.(ii) a public agency, the MET must meet within fourteen (14) calendar days to consider the request and to determine if a comprehensive evaluation is necessary. (a) After reviewing the request and other pertinent documentation, Written Prior Notice for Initial Evaluation or Written Prior Notice for Refusal to Evaluate must be given to the parent within seven (7) calendar days of the meeting.(b) Day one would be the day the public makes the verbal or written request to the LEA (teacher, principal, secretary, special education director, etc.). The MET must make a decision within fourteen (14) calendar days of the public agency's request.(iii) the Teacher Support Team (TST), the MET must meet within fourteen (14) calendar days to consider the request and to determine if a comprehensive evaluation is necessary. (a) After reviewing the request and other pertinent documentation, Written Prior Notice for Initial Evaluation or Written Prior Notice for Refusal to Evaluate must be given to the parent within seven (7) calendar days of the meeting.(b) Day one would be the day the TST makes the verbal or written request to the LEA. The MET must make a decision within fourteen (14) calendar days of the TST's recommendation.(c)Procedures for initial evaluations. The initial evaluation (1) Must be conducted within sixty (60) calendar days of receiving parental consent for the evaluation; 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.(3) (LEAs must ensure requests for initial evaluation and responses to such requests are not limited by the number per year or the time of year requests are received.(d)Exception. The timeframe described in paragraph (c)(1) above (Procedures for Initial Evaluations) 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) above 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.(e) The exception in paragraph (d)(2) above 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.7 Miss. Code. R. 34-D-300.301