§ 300.305 Additional requirements for evaluations and reevaluations.

Plain English summary

This section requires the IEP Team and qualified professionals to review existing evaluation data during initial evaluations and reevaluations to determine what additional data, if any, are needed to assess a child's disability status and educational needs. Public agencies must notify parents when no additional data are needed and inform them of their right to request an assessment. Before determining a child is no longer eligible, an evaluation is required unless the child graduates with a regular diploma or ages out, in which case a summary of academic achievement and functional performance with postsecondary recommendations must be provided.

Key requirements

• The IEP Team and other qualified professionals, as appropriate, must review existing evaluation data on the child, including evaluations and information provided by the parents, current classroom-based, local, or State assessments, and classroom-based observations, and observations by teachers and related services providers.
• On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine whether the child is a child with a disability and the educational needs of the child.
• The group described in paragraph (a) of this section may conduct its review without a meeting.
• The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under paragraph (a) of this section.
• If the IEP Team and other qualified professionals determine that no additional data are needed, the public agency must notify the child's parents of that determination and the reasons for the determination, and the right of the parents to request an assessment to determine whether the child continues to be a child with a disability.
• The public agency is not required to conduct the assessment unless requested to do so by the child's parents.
• A public agency must evaluate a child with a disability in accordance with §§ 300.304 through 300.311 before determining that the child is no longer a child with a disability.
• The evaluation is not required before the termination of a child's eligibility due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law.
• For a child whose eligibility terminates due to graduation with a regular diploma or exceeding age eligibility, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

Affected parties

• IEP Team
• qualified professionals
• public agencies (LEAs)
• parents of children with disabilities
• children with disabilities
• teachers
• related services providers

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.305