C.F.R. » Title 34 » CHAPTER III—OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION › PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES › Subpart D—Evaluations, Eligibility Determinations, Individualized Education Programs, and Educational Placements

34 C.F.R. § 300.301

Initial evaluations

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(a) General. 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.

(b) Request for initial evaluation. Consistent with the consent requirements in § 300.300, 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.

(c) Procedures for initial evaluation. The initial evaluation—

(1)(i) Must be conducted within 60 days of receiving parental consent for the evaluation; or

(ii) If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and

(2) Must consist of procedures—

(i) To determine if the child is a child with a disability under § 300.8; and

(ii) To determine the educational needs of the child.

(d) Exception. The timeframe described in paragraph (c)(1) of this section does not apply to a public agency if—

(1) The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or

(2) A child enrolls in a school of another public agency after the relevant timeframe in paragraph (c)(1) of this section 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.

(e) The exception in paragraph (d)(2) of this section 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.

(Authority: 20 U.S.C. 1414(a)) [71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007]
Notes of Decisions
Cited in 59 cases (21 in the last 5 years), 1985–2026 · leading case: Dallas Independent School District v. Woody Ex Rel. K.W.
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Dallas Independent School District v. Woody Ex Rel. K.W. (2017) ca5 · cites it 3× “, 34 C.F.R. §§ 300.301 (c) & 300.323(c); see also 19 Tex.”
Timothy O. v. Paso Robles Unified School District (2016) ca9 · cites it 2× “34 C.F.R. § 300.301 (b). If the school district wishes to deny the request, it must provide written notice to the parents explaining that it refuses to conduct an initial evaluation and provide an explanation as to why it does not suspect the child has a disability and what…”
Dl v. District of Columbia (2016) dcd · cites it 5× “34 C.F.R. § 300.301 (c)(1) states that an initial evaluation “[m]ust be conducted within 60 days of receiving parental consent for the evaluation” or within a state-established timeframe.”
DL v. District of Columbia (2017) cadc “3d at 71 (citing 34 C.F.R. § 300.301 (d)(1)). In this way, the injunction excuses the District from compliance where it is unable to meet its deadlines through no fault of its own.”
Mr. P v. W. Hartford Bd. of Educ. (2018) ca2 “§ 1414 (a)(1)(C)(i)(I) ; 34 C.F.R. § 300.301 (c)(1)(i)-(ii). Connecticut regulations require that "[s]pecial education and related services shall be provided as soon as possible after the planning and placement team meeting held to review, revise or develop the child's…”
Z. B. v. Dist. of Columbia (2018) cadc “§§ 1414(a)-(b); see also 34 C.F.R. § 300.301 , 300.304-06. Operationally, when a school has reason to believe that a child with a disability is not receiving an adequate education, see 20 U.”
Chester County Intermediate Unit v. Pennsylvania Blue Shield (1990) ca3 · cites it 4× “34 C.F.R. § 300.301 (1988) (emphasis added).”
Integrated Design & Electronics Academy Public Charter School v. McKinley Ex Rel. K.M. (2008) dcd · cites it 7× “34 C.F.R. § 300.301 ; D.C. Stat. § 38-2501 (§ 141 Pub.”
J.S. v. The Westerly School District (2018) ca1 “" 34 C.F.R. § 300.301 (a). As part of this initial review, a team of professionals must "[r]eview existing evaluation data on the child, including .”
ISD No. 283 v. E.M.D.H., a minor (2020) ca8 “” 34 C.F.R. § 300.301 (a)–(b). The District was also required to “ensure that .”
BR Ex Rel. Rempson v. District of Columbia (2011) dcd “; see also, 34 C.F.R. § 300.301 ; D.C.Code § 38-2561.”
RAYMOND S. v. Ramirez (1996) iand · cites it 4× “In Count II, Plaintiffs contend, again under the IDEA, that Defendant Iowa Department of Education erred in concluding that 34 C.F.R. § 300.301 requires Plaintiffs to utilize some of their limited medical insurance benefits for Joseph to pay for the independent evaluation.”
Show all 59 citing cases →
— 34 C.F.R. § 300.301(a) — 1 case
Carson v. District of Columbia (2016) dcd
— 34 C.F.R. § 300.301(b) — 1 case
Brown Ex Rel. Brown v. Wilson County School Board (1990) tnmd
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