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34 C.F.R. §§ 300.304–300.311

8 sections in range

§300.304. Evaluation procedures.

34 C.F.R. § 300.304

(a)
Notice. The public agency must provide notice to the parents of a child with a disability, in accordance with § 300.503, that describes any evaluation procedures the agency proposes to conduct.
(b)
Conduct of evaluation. In conducting the evaluation, the public agency must—
(1)
Use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the child, including information provided by the parent, that may assist in determining—
(i)
Whether the child is a child with a disability under § 300.8; and
(ii)
The content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities);
(2)
Not use any single measure or assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child; and
(3)
Use technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors.
(c)
Other evaluation procedures. Each public agency must ensure that—
(1)
Assessments and other evaluation materials used to assess a child under this part—
(i)
Are selected and administered so as not to be discriminatory on a racial or cultural basis;
(ii)
Are provided and administered in the child's native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to so provide or administer;
(iii)
Are used for the purposes for which the assessments or measures are valid and reliable;
(iv)
Are administered by trained and knowledgeable personnel; and
(v)
Are administered in accordance with any instructions provided by the producer of the assessments.
(2)
Assessments and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient.
(3)
Assessments are selected and administered so as best to ensure that if an assessment is administered to a child with impaired sensory, manual, or speaking skills, the assessment results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child's impaired sensory, manual, or speaking skills (unless those skills are the factors that the test purports to measure).
(4)
The child is assessed in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status, and motor abilities;
(5)
Assessments of children with disabilities who transfer from one public agency to another public agency in the same school year are coordinated with those children's prior and subsequent schools, as necessary and as expeditiously as possible, consistent with § 300.301(d)(2) and (e), to ensure prompt completion of full evaluations.
(6)
In evaluating each child with a disability under §§ 300.304 through 300.306, the evaluation is sufficiently comprehensive to identify all of the child's special education and related services needs, whether or not commonly linked to the disability category in which the child has been classified.
(7)
Assessment tools and strategies that provide relevant information that directly assists persons in determining the educational needs of the child are provided.
Notes, amendments, and revision history

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.

§300.305. Additional requirements for evaluations and reevaluations.

34 C.F.R. § 300.305

(a)
Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation under this part, the IEP Team and other qualified professionals, as appropriate, must—
(1)
Review existing evaluation data on the child, including—
(i)
Evaluations and information provided by the parents of the child;
(ii)
Current classroom-based, local, or State assessments, and classroom-based observations; and
(iii)
Observations by teachers and related services providers; and
(2)
On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine—
(i)
(A)
Whether the child is a child with a disability, as defined in § 300.8, and the educational needs of the child; or
(B)
In case of a reevaluation of a child, whether the child continues to have such a disability, and the educational needs of the child;
(ii)
The present levels of academic achievement and related developmental needs of the child;
(iii)
(A)
Whether the child needs special education and related services; or
(B)
In the case of a reevaluation of a child, whether the child continues to need special education and related services; and
(iv)
Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.
(b)
Conduct of review. The group described in paragraph (a) of this section may conduct its review without a meeting.
(c)
Source of data. The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under paragraph (a) of this section.
(d)
Requirements if additional data are not needed.
(1)
If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability, and to determine the child's educational needs, the public agency must notify the child's parents of—
(i)
That determination and the reasons for the determination; and
(ii)
The right of the parents to request an assessment to determine whether the child continues to be a child with a disability, and to determine the child's educational needs.
(2)
The public agency is not required to conduct the assessment described in paragraph (d)(1)(ii) of this section unless requested to do so by the child's parents.
(e)
Evaluations before change in eligibility.
(1)
Except as provided in paragraph (e)(2) of this section, a public agency must evaluate a child with a disability in accordance with §§ 300.304 through 300.311 before determining that the child is no longer a child with a disability.
(2)
The evaluation described in paragraph (e)(1) of this section is not required before the termination of a child's eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law.
(3)
For a child whose eligibility terminates under circumstances described in paragraph (e)(2) of this section, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.
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]

§300.306. Determination of eligibility.

34 C.F.R. § 300.306

(a)
General. Upon completion of the administration of assessments and other evaluation measures—
(1)
A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined in § 300.8, in accordance with paragraph (c) of this section and the educational needs of the child; and
(2)
The public agency provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.
(b)
Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part—
(1)
If the determinant factor for that determination is—
(i)
Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act (December 9, 2015));
(ii)
Lack of appropriate instruction in math; or
(iii)
Limited English proficiency; and
(2)
If the child does not otherwise meet the eligibility criteria under § 300.8(a).
(c)
Procedures for determining eligibility and educational need.
(1)
In interpreting evaluation data for the purpose of determining if a child is a child with a disability under § 300.8, and the educational needs of the child, each public agency must—
(i)
Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior; and
(ii)
Ensure that information obtained from all of these sources is documented and carefully considered.
(2)
If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with §§ 300.320 through 300.324.
Notes, amendments, and revision history

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007; 82 FR 29761, June 30, 2017]

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; 82 FR 29761, June 30, 2017]

§300.307. Specific learning disabilities.

34 C.F.R. § 300.307

(a)
General. A State must adopt, consistent with § 300.309, criteria for determining whether a child has a specific learning disability as defined in § 300.8(c)(10). In addition, the criteria adopted by the State—
(1)
Must not require the use of a severe discrepancy between intellectual ability and achievement for determining whether a child has a specific learning disability, as defined in § 300.8(c)(10);
(2)
Must permit the use of a process based on the child's response to scientific, research-based intervention; and
(3)
May permit the use of other alternative research-based procedures for determining whether a child has a specific learning disability, as defined in § 300.8(c)(10).
(b)
Consistency with State criteria. A public agency must use the State criteria adopted pursuant to paragraph (a) of this section in determining whether a child has a specific learning disability.
Notes, amendments, and revision history

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.

§300.308. Additional group members.

34 C.F.R. § 300.308

The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in § 300.8, must be made by the child's parents and a team of qualified professionals, which must include—
(a)
(1)
The child's regular teacher; or
(2)
If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or
(3)
For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and
(b)
At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.
Notes, amendments, and revision history

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.

§300.309. Determining the existence of a specific learning disability.

34 C.F.R. § 300.309

(a)
The group described in § 300.306 may determine that a child has a specific learning disability, as defined in § 300.8(c)(10), if—
(1)
The child does not achieve adequately for the child's age or to meet State-approved grade-level standards in one or more of the following areas, when provided with learning experiences and instruction appropriate for the child's age or State-approved grade-level standards:
(i)
Oral expression.
(ii)
Listening comprehension.
(iii)
Written expression.
(iv)
Basic reading skill.
(v)
Reading fluency skills.
(vi)
Reading comprehension.
(vii)
Mathematics calculation.
(viii)
Mathematics problem solving.
(2)
(i)
The child does not make sufficient progress to meet age or State-approved grade-level standards in one or more of the areas identified in paragraph (a)(1) of this section when using a process based on the child's response to scientific, research-based intervention; or
(ii)
The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with §§ 300.304 and 300.305; and
(3)
The group determines that its findings under paragraphs (a)(1) and (2) of this section are not primarily the result of—
(i)
A visual, hearing, or motor disability;
(ii)
An intellectual disability;
(iii)
Emotional disturbance;
(iv)
Cultural factors;
(v)
Environmental or economic disadvantage; or
(vi)
Limited English proficiency.
(b)
To ensure that underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the group must consider, as part of the evaluation described in §§ 300.304 through 300.306—
(1)
Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in regular education settings, delivered by qualified personnel; and
(2)
Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of student progress during instruction, which was provided to the child's parents.
(c)
The public agency must promptly request parental consent to evaluate the child to determine if the child needs special education and related services, and must adhere to the timeframes described in §§ 300.301 and 300.303, unless extended by mutual written agreement of the child's parents and a group of qualified professionals, as described in § 300.306(a)(1)—
(1)
If, prior to a referral, a child has not made adequate progress after an appropriate period of time when provided instruction, as described in paragraphs (b)(1) and (b)(2) of this section; and
(2)
Whenever a child is referred for an evaluation.
Notes, amendments, and revision history

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31912, July 11, 2017]

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 82 FR 31912, July 11, 2017]

§300.310. Observation.

34 C.F.R. § 300.310

(a)
The public agency must ensure that the child is observed in the child's learning environment (including the regular classroom setting) to document the child's academic performance and behavior in the areas of difficulty.
(b)
The group described in § 300.306(a)(1), in determining whether a child has a specific learning disability, must decide to—
(1)
Use information from an observation in routine classroom instruction and monitoring of the child's performance that was done before the child was referred for an evaluation; or
(2)
Have at least one member of the group described in § 300.306(a)(1) conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with § 300.300(a), is obtained.
(c)
In the case of a child of less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age.
Notes, amendments, and revision history

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.

§300.311. Specific documentation for the eligibility determination.

34 C.F.R. § 300.311

(a)
For a child suspected of having a specific learning disability, the documentation of the determination of eligibility, as required in § 300.306(a)(2), must contain a statement of—
(1)
Whether the child has a specific learning disability;
(2)
The basis for making the determination, including an assurance that the determination has been made in accordance with § 300.306(c)(1);
(3)
The relevant behavior, if any, noted during the observation of the child and the relationship of that behavior to the child's academic functioning;
(4)
The educationally relevant medical findings, if any;
(5)
Whether—
(i)
The child does not achieve adequately for the child's age or to meet State-approved grade-level standards consistent with § 300.309(a)(1); and
(ii)
(A)
The child does not make sufficient progress to meet age or State-approved grade-level standards consistent with § 300.309(a)(2)(i); or
(B)
The child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade level standards or intellectual development consistent with § 300.309(a)(2)(ii);
(6)
The determination of the group concerning the effects of a visual, hearing, motor disability, or an intellectual disability; emotional disturbance; cultural factors; environmental or economic disadvantage; or limited English proficiency on the child's achievement level; and
(7)
If the child has participated in a process that assesses the child's response to scientific, research-based intervention—
(i)
The instructional strategies used and the student-centered data collected; and
(ii)
The documentation that the child's parents were notified about—
(A)
The State's policies regarding the amount and nature of student performance data that would be collected and the general education services that would be provided;
(B)
Strategies for increasing the child's rate of learning; and
(C)
The parents' right to request an evaluation.
(b)
Each group member must certify in writing whether the report reflects the member's conclusion. If it does not reflect the member's conclusion, the group member must submit a separate statement presenting the member's conclusions.
Notes, amendments, and revision history

Amendments

[71 FR 46753, Aug. 14, 2006, as amended at 82 FR 31913, July 11, 2017]

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 82 FR 31913, July 11, 2017]