---
kind: "section"
citation: "34 C.F.R. § 300.306"
title: "34"
number: "300.306"
heading: "Determination of eligibility."
url: "https://uscodex.org/cfr/34/300.306"
---

# §300.306. Determination of eligibility.

- (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](/cfr/34/300.8.md), in accordance with [paragraph (c)](#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)](/cfr/34/1208.md?p=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)](/cfr/34/300.8.md?p=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](/cfr/34/300.8.md), 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](/cfr/34/300.320..300.324.md).

## Notes

### 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]