§ 300.304 Evaluation procedures.

Plain English summary

Public agencies must conduct comprehensive, non-discriminatory evaluations of children suspected of having disabilities using multiple technically sound assessment tools and strategies administered by trained personnel in the child's native language. Evaluations must assess all suspected disability areas, accommodate sensory or motor impairments to accurately reflect abilities, and be sufficiently comprehensive to identify all special education and related services needs. Parents must receive notice of proposed evaluation procedures per § 300.503. Personnel directly assisting in educational needs determination must be provided necessary support and access to relevant information and resources.

Key requirements

• Provide parents notice of evaluation procedures per § 300.503
• Use variety of technically sound assessment tools and strategies to gather functional, developmental, and academic information
• Do not use single measure as sole criterion for disability determination or educational program
• Ensure assessments are not discriminatory on racial or cultural basis
• Administer assessments in child's native language or mode of communication
• Use assessments only for valid purposes yielding accurate information on academic, developmental, and functional abilities
• Assessments must be reliable and administered by trained, knowledgeable personnel per producer instructions
• Use assessments tailored to specific educational needs, not single general intelligence quotient only
• Ensure assessments accommodate sensory, manual, or speaking impairments to accurately reflect aptitude and achievement
• Assess all areas related to suspected disability including health, vision, hearing, social-emotional, intelligence, academics, communication, and motor abilities
• Coordinate evaluations for children transferring between public agencies in same school year
• Ensure evaluations are sufficiently comprehensive to identify all special education and related services needs regardless of disability category
• Provide evaluation and assessment personnel necessary support and access to relevant information and resources

Affected parties

• Public agencies (LEAs and SEAs)
• Parents of children with disabilities
• Children with disabilities undergoing evaluation
• School personnel administering assessments
• Assessment producers
• Evaluation personnel and assessment team members

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.304