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. § 300.305

Additional requirements for evaluations and reevaluations

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(a) Review of existing evaluation data. As part of an initial evaluation (if appropriate) and as part of any reevaluation under this part, the IEP Team and other qualified professionals, as appropriate, must—

(1) Review existing evaluation data on the child, including—

(i) Evaluations and information provided by the parents of the child;

(ii) Current classroom-based, local, or State assessments, and classroom-based observations; and

(iii) Observations by teachers and related services providers; and

(2) On the basis of that review, and input from the child's parents, identify what additional data, if any, are needed to determine—

(i)(A) Whether the child is a child with a disability, as defined in § 300.8, and the educational needs of the child; or

(B) In case of a reevaluation of a child, whether the child continues to have such a disability, and the educational needs of the child;

(ii) The present levels of academic achievement and related developmental needs of the child;

(iii)(A) Whether the child needs special education and related services; or

(B) In the case of a reevaluation of a child, whether the child continues to need special education and related services; and

(iv) Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.

(b) Conduct of review. The group described in paragraph (a) of this section may conduct its review without a meeting.

(c) Source of data. The public agency must administer such assessments and other evaluation measures as may be needed to produce the data identified under paragraph (a) of this section.

(d) Requirements if additional data are not needed. (1) If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the child continues to be a child with a disability, and to determine the child's educational needs, the public agency must notify the child's parents of—

(i) That determination and the reasons for the determination; and

(ii) The right of the parents to request an assessment to determine whether the child continues to be a child with a disability, and to determine the child's educational needs.

(2) The public agency is not required to conduct the assessment described in paragraph (d)(1)(ii) of this section unless requested to do so by the child's parents.

(e) Evaluations before change in eligibility. (1) Except as provided in paragraph (e)(2) of this section, a public agency must evaluate a child with a disability in accordance with §§ 300.304 through 300.311 before determining that the child is no longer a child with a disability.

(2) The evaluation described in paragraph (e)(1) of this section is not required before the termination of a child's eligibility under this part due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law.

(3) For a child whose eligibility terminates under circumstances described in paragraph (e)(2) of this section, a public agency must provide the child with a summary of the child's academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child's postsecondary goals.

(Authority: 20 U.S.C. 1414(c)) [71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007]
Notes of Decisions
Cited in 37 cases (17 in the last 5 years), 2008–2025 · leading case: Mr & Mrs Doe v. Cape Elizabeth Sch., 832 F.3d 69 (1st Cir. 2016).
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Mr & Mrs Doe v. Cape Elizabeth Sch., 832 F.3d 69 (1st Cir. 2016). · cites it 3× “at 203 ; see also 34 C.F.R. § 300.305 (a)(2)(ii) (providing that evaluations include data necessary to determine "the present levels of academic achievement and related developmental needs of the child").”
Wimbish v. Dist. of Columbia, 381 F. Supp. 3d 22 (D.C. Cir. 2019). · cites it 3× “§ 1414(c)(5) (emphasis added); see also 34 C.F.R. § 300.305 (e)(1) ("[A] public agency must evaluate a child with a disability in accordance with §§ 300.”
Dist. of Columbia v. West, 699 F. Supp. 2d 273 (D.D.C. 2010). · cites it 2× “§ 1414 (c)(5)(B)©; 34 C.F.R. § 300.305 (e). The evaluation required is “a summary of the child’s academic achievement and functional performance, which shall include recommendations on how to assist the child in meeting the child’s postsecondary goals.”
Integrated Design & Elec. Academy Pub. Charter Sch. v. McKinley Ex Rel. K.M., 570 F. Supp. 2d 28 (D.D.C. 2008). · cites it 7× “34 C.F.R. § 300.305 (a)(1); 5 D.C. A.D.A.”
Richardson v. Dist. of Columbia, 273 F. Supp. 3d 94 (D.D.C. 2017). · cites it 3× “34 C.F.R. § 300.305 (a)(1). Second, based on their review of that existing data and input from the child’s parents, the evaluators must “identify what additional data, if any, are heeded” ’to assess whether the child has a qualifying disability and, if so, “administer such…”
McLean v. Dist. of Columbia, 264 F. Supp. 3d 180 (D.D.C. 2017). · cites it 2× “See 34 C.F.R. § 300.305 (a). Here, no one disputes the Hearing Officer’s determination that Defendant violated the IDEA’S procedures for determining whether D.”
Davis v. Dist. of Columbia, 244 F. Supp. 3d 27 (D.D.C. 2017). “See 34 C.F.R. § 300.305 (a)(1). “On *50 the basis of that review, and input from the child’s parents,” the team must then “identify what additional data, if any, are needed to determine” the disability and the- child’s special needs.”
A.D. v. Bd. of Educ. of the City Sch. Dist., 690 F. Supp. 2d 193 (S.D.N.Y. 2010). “”); 34 C.F.R. § 300.305 (c) (“The public agency must administer such assessments and other evaluation measures as may be needed to produce the data [required for formulating an IEP].”
Hart ex rel. S.H. v. Dist. of Columbia, 323 F. Supp. 3d 1 (D.C. Cir. 2018). · cites it 3× “§ 1414 (c)(4) ; 34 C.F.R. § 300.305 (d) ; see also Z.B. , 888 F.”
Tyler W. ex rel. Daniel W. v. Upper Perkiomen Sch. Dist., 963 F. Supp. 2d 427 (E.D. Pa. 2013). “16 (citing 34 C.F.R. § 300.305 ).) Finally, plaintiffs contended that Dr.”
R.G. ex rel. F.G. v. New York City Dep't of Educ., 980 F. Supp. 2d 345 (E.D.N.Y 2013). “34 C.F.R. §§ 300.305 , 300.324, 8 N.Y.C.R.”
G.J. ex rel. E.J. v. Muscogee Cnty. Sch. Dist., 704 F. Supp. 2d 1299 (M.D. Ga. 2010). · cites it 2× “§ 1414 (c)(1)(A); accord 34 C.F.R. § 300.305 . Parental consent is required for a reevaluation.”
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— 34 C.F.R. § 300.305(e) — 1 case
A.H. v. Hedalen (D. Mont. 2025).
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