§ 300.301. Initial evaluations.
302 words·~1 min read·
/us/cfr/t34/s§ 300.301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)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.
(b)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.
(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; and
(ii)To determine the educational needs of the child.
(d)Exception. The timeframe described in paragraph (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) 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.
(e)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. (Authority: 20 U.S.C. 1414(a)) \[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007\]
Connections8 cite this · traces to 1
Cited by 8 sections · top 2
Traces to 1 document
Citation graph
cites case law
Cites 1Cited by 8 across 1 source