§ 300.306 Determination of eligibility.

Plain English summary

This section establishes the requirements for determining whether a child qualifies as a child with a disability following the completion of evaluations. A qualified professional group and the parent jointly make the eligibility determination, drawing on multiple sources of information, and the public agency must provide evaluation reports and eligibility documentation to the parent at no cost. If a child is found eligible, an IEP must be developed, and a child may not be found eligible solely based on lack of reading or math instruction or limited English proficiency.

Key requirements

• A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined in § 300.8, in accordance with paragraph (c) of this section and the educational needs of the child.
• The public agency provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.
• A child must not be determined to be a child with a disability under this part if the determinant factor for that determination is lack of appropriate instruction in reading, including the essential components of reading instruction.
• A child must not be determined to be a child with a disability under this part if the determinant factor for that determination is lack of appropriate instruction in math.
• A child must not be determined to be a child with a disability under this part if the determinant factor for that determination is limited English proficiency.
• Each public agency must draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior.
• Each public agency must ensure that information obtained from all of these sources is documented and carefully considered.
• If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with §§ 300.320 through 300.324.

Affected parties

• public agencies (LEAs)
• parents of children being evaluated
• qualified professionals conducting evaluations
• children being evaluated for disability eligibility
• IEP teams

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.306