§ 300.302 Screening for instructional purposes is not evaluation.

Plain English summary

Screening conducted by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation is explicitly excluded from the definition of an evaluation for special education eligibility purposes. This distinction means that such screening activities do not trigger the procedural requirements and parental rights associated with a formal evaluation under IDEA.

Key requirements

• The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

Affected parties

• teachers
• specialists
• students
• local educational agencies (LEAs)
• parents

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.302