34 C.F.R. § 300.303
Reevaluations
(a) General. A public agency must ensure that a reevaluation of each child with a disability is conducted in accordance with §§ 300.304 through 300.311—
(1) If the public agency determines that the educational or related services needs, including improved academic achievement and functional performance, of the child warrant a reevaluation; or
(2) If the child's parent or teacher requests a reevaluation.
(b) Limitation. A reevaluation conducted under paragraph (a) of this section—
(1) May occur not more than once a year, unless the parent and the public agency agree otherwise; and
(2) Must occur at least once every 3 years, unless the parent and the public agency agree that a reevaluation is unnecessary.
Notes of Decisions
Cited in 53
cases (20 in the last 5 years), 2003–2026 · leading case: J.W. ex rel. J.E.W. v. Fresno Unified Sch. Dist., 626 F.3d 431 (9th Cir. 2010).
J.W. ex rel. J.E.W. v. Fresno Unified Sch. Dist., 626 F.3d 431 (9th Cir. 2010). “12 ; 34 C.F.R. § 300.303 . Effective October 13, 2006, each public agency must ensure that the external components of surgically implanted medical devices are functioning properly.”
Peter Wenk v. Edward O'Reilly, 783 F.3d 585 (6th Cir. 2015). “’s upcoming tri-annual evaluation as required by 34 C.F.R. § 300.303 , and did not involve issues relating to M.”
D.S. by & Through M.S. v. Trumbull Bd. of Educ., 357 F. Supp. 3d 166 (D. Conn. 2019). “§ 1414 (a)(2)(B) ; 34 C.F.R. § 300.303 (b) ; Cooper v. District of Columbia.”
A.M. ex rel. Y.N. v. New York City Dep't of Educ., 964 F. Supp. 2d 270 (S.D.N.Y. 2013). “Under the relevant statute and regulations, the DOE must conduct a reevaluation of the student every three years, see 34 C.F.R. § 300.303 (a)(2); N.Y. Comp.Codes R.”
D.S. v. Trumbull Bd. of Ed., 975 F.3d 152 (2d Cir. 2020). “§ 1414 (a)(2)(B); 34 C.F.R. § 300.303 (b)). 8 not less frequently than annually, to determine whether the annual goals for the child are being achieved”).”
Carrie I. ex rel. Greg I. v. Dep't of Educ., 869 F. Supp. 2d 1225 (D. Haw. 2012). “See 34 C.F.R. § 300.303 (b)(2). According to Greg I.”
Scott ex rel. C.S. v. New York City Dep't of Educ., 6 F. Supp. 3d 424 (S.D.N.Y. 2014). “See 34 C.F.R. § 300.303 (b)(2); see N.Y. Comp.”
M.Z. v. Bethlehem Area Sch. Dist., 521 F. App'x 74 (3rd Cir. 2013). “§ 1414 (a)(2); 34 C.F.R. § 300.303 , and determined that M.”
T.P. Ex Rel. T.P. v. Bryan Cnty. Sch. Dist., 792 F.3d 1284 (11th Cir. 2015). “The ALJ also ordered that: [T]he family is required to consent to the District’s request for triennial evaluations in accordance with 34 C.F.R. § 300.303 (b); and the District is not required to consider any IEE the Family has obtained at private expense prior to completion of…”
Wimbish v. Dist. of Columbia, 381 F. Supp. 3d 22 (D.C. Cir. 2019). “Wimbish argues that the District's implicit argument-that her due process challenge is barred by issue preclusion-should be rejected because the HOD "is so broadly written that it would bar [her] from bringing a due process complaint even in the event of future violations of the…”
Eley v. Dist. of Columbia, 47 F. Supp. 3d 1 (D.D.C. 2014). “at 13 ; (3) re-evaluate the plaintiff as required by 34 CFR § 300.303 (b)(2), id. at 11 ; and (4) provide certain equipment and reimbursements as a “compensatory award[,]” id.”
Cooper v. Dist. of Columbia, 77 F. Supp. 3d 32 (D.D.C. 2014). “§ 1414 (a)(2)(B)(ii); 34 C.F.R. § 300.303 (b)(2). It is silent, however, as to whether the triennial period commences from the date of a student’s last evaluation or from the date of the student’s eligibility determination.”
— 34 C.F.R. § 300.303(a)(2) — 1 case
Briscoe v. Dist. of Columbia (D.D.C. 2024).
— 34 C.F.R. § 300.303(b)(1) — 1 case
S.M. v. Freehold Reg'l High Sch. Dist. Bd. of Educ. (D.N.J. 2024).
— 34 C.F.R. § 300.303(b)(2) — 1 case
Briscoe v. Dist. of Columbia (D.D.C. 2024).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.