§300.301. Initial evaluations.
34 C.F.R. § 300.301
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.
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.
Procedures for initial evaluation. The initial evaluation—
Must be conducted within 60 days of receiving parental consent for the evaluation; or
If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and
Must consist of procedures—
To determine if the child is a child with a disability under § 300.8; and
To determine the educational needs of the child.
Exception. The timeframe described in paragraph (c)(1) of this section does not apply to a public agency if—
The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or
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.
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.
Notes, amendments, and revision history
Amendments
[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007]
Authority
Authority: 20 U.S.C. 1221e-3, 1406, 1411-1419, and 3474; Pub. L. 111-256, 124 Stat. 2643; unless otherwise noted.
Source
Source: 71 FR 46753, Aug. 14, 2006, unless otherwise noted.
Amendments
[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007]