Current through October 31, 2024
Section 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 , 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. 71 FR 46753 , Aug. 14, 2006, as amended at 72 FR 61307 , Oct. 30, 2007 Authority: 20 U.S.C. 1414(a)