§ 300.301 Initial evaluations.

Plain English summary

This section requires public agencies to conduct a full and individual initial evaluation before providing special education and related services to a child with a disability. The evaluation must be completed within 60 days of receiving parental consent, or within a state-established timeframe, and must determine both disability status and educational needs. Exceptions to the timeline exist when parents fail to produce the child for evaluation or when a child transfers to a new public agency mid-evaluation process.

Key requirements

• Each public agency must conduct a full and individual initial evaluation, in accordance with §§ 300.304 through 300.306, before the initial provision of special education and related services to a child with a disability under this part.
• Either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.
• The initial evaluation must be conducted within 60 days of receiving parental consent for the evaluation; or if the State establishes a timeframe within which the evaluation must be conducted, within that timeframe.
• The initial evaluation must consist of procedures to determine if the child is a child with a disability under § 300.8 and to determine the educational needs of the child.
• The timeframe does not apply if the parent of a child repeatedly fails or refuses to produce the child for the evaluation.
• The timeframe does not apply if a child enrolls in a school of another public agency after the relevant timeframe has begun, and prior to a determination by the child's previous public agency as to whether the child is a child with a disability under § 300.8.
• The exception for transferring students applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed.

Affected parties

• public agencies
• parents of children with disabilities
• children suspected of having a disability
• state educational agencies
• local educational agencies

Official source

https://www.ecfr.gov/current/title-34/part-300/section-300.301