§ 300.303 Reevaluations.

Plain English summary

This section requires public agencies to conduct reevaluations of children with disabilities when the agency determines it is warranted based on educational or related services needs, or when requested by a parent or teacher. Reevaluations are capped at once per year unless the parent and public agency mutually agree otherwise, and must occur at least once every three years unless both parties agree it is unnecessary.

Key requirements

• A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with §§ 300.304 through 300.311 if the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation.
• A public agency must ensure that a reevaluation of each child with a disability is conducted if the child's parent or teacher requests a reevaluation.
• A reevaluation may occur not more than once a year, unless the parent and the public agency agree otherwise.
• A reevaluation must occur at least once every 3 years, unless the parent and the public agency agree that a reevaluation is unnecessary.

Affected parties

• public agencies
• children with disabilities
• parents of children with disabilities
• teachers

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.303