---
kind: "section"
citation: "34 C.F.R. § 300.301"
title: "34"
number: "300.301"
heading: "Initial evaluations."
url: "https://uscodex.org/cfr/34/300.301"
---

# §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](/cfr/34/300.304..300.306.md), 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](/cfr/34/300.300.md), 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](/cfr/34/300.8.md); and
    - (ii) **To determine the educational needs of the child.**
- (d) **Exception.** The timeframe described in [paragraph (c)(1)](#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)](#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](/cfr/34/300.8.md).
- (e) The exception in [paragraph (d)(2)](#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

[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]