§ 300.310 Observation.

Plain English summary

This section requires public agencies to observe a child in their learning environment to document academic performance and behavior in areas of difficulty when evaluating for a specific learning disability. The observation group must either use pre-referral classroom observation data or conduct a new observation after referral and parental consent is obtained. For children under school age or out of school, the observation must occur in an age-appropriate environment.

Key requirements

• The public agency must ensure that the child is observed in the child's learning environment (including the regular classroom setting) to document the child's academic performance and behavior in the areas of difficulty.
• The group described in § 300.306(a)(1), in determining whether a child has a specific learning disability, must decide to use information from an observation in routine classroom instruction and monitoring of the child's performance that was done before the child was referred for an evaluation; or have at least one member of the group described in § 300.306(a)(1) conduct an observation of the child's academic performance in the regular classroom after the child has been referred for an evaluation and parental consent, consistent with § 300.300(a), is obtained.
• In the case of a child of less than school age or out of school, a group member must observe the child in an environment appropriate for a child of that age.

Affected parties

• public agencies
• evaluation group members (as described in § 300.306(a)(1))
• children being evaluated for specific learning disabilities
• children under school age or out of school
• parents/guardians

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.310