(a) General. Upon completion of the administration of assessments and other evaluation measures—
(1) A group of qualified professionals and the parent of the child determines whether the child is a child with a disability, as defined in § 300.8, in accordance with paragraph (c) of this section and the educational needs of the child; and
(2) The public agency provides a copy of the evaluation report and the documentation of determination of eligibility at no cost to the parent.
(b) Special rule for eligibility determination. A child must not be determined to be a child with a disability under this part—
(1) If the determinant factor for that determination is—
(i) Lack of appropriate instruction in reading, including the essential components of reading instruction (as defined in section 1208(3) of the ESEA as such section was in effect on the day before the date of enactment of the Every Student Succeeds Act (December 9, 2015));
(ii) Lack of appropriate instruction in math; or
(iii) Limited English proficiency; and
(2) If the child does not otherwise meet the eligibility criteria under § 300.8(a).
(c) Procedures for determining eligibility and educational need. (1) In interpreting evaluation data for the purpose of determining if a child is a child with a disability under § 300.8, and the educational needs of the child, each public agency must—
(i) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, and teacher recommendations, as well as information about the child's physical condition, social or cultural background, and adaptive behavior; and
(ii) Ensure that information obtained from all of these sources is documented and carefully considered.
(2) If a determination is made that a child has a disability and needs special education and related services, an IEP must be developed for the child in accordance with §§ 300.320 through 300.324.
(Authority: 20 U.S.C. 1414(b)(4) and (5))
[71 FR 46753, Aug. 14, 2006, as amended at 72 FR 61307, Oct. 30, 2007; 82 FR 29761, June 30, 2017]
Notes of Decisions
M.M. v. Lafayette Sch. Dist., 767 F.3d 842 (9th Cir. 2014).
· cites it 6× “§§ 1400 (c)(5)(B), 1414(a)(1)(D), 1414(b)(4)(A); 34 C.F.R. § 300.306 (a)(1). In crafting the Act, Congress also placed great emphasis on procedural safeguards to “ensure that the M.”
Lisa M. v. Leander Indep. Sch Dist, 924 F.3d 205 (5th Cir. 2019).
· cites it 2× “" 34 C.F.R. § 300.306 (c)(1)(i). "If a determination is made that a child has a disability and needs special education and related services, an [individualized education program] must be developed for the child.”
Timothy O. v. Paso Robles Unified Sch. Dist., 822 F.3d 1105 (9th Cir. 2016).
“§ 1414 (b)(4), thoroughly document all information used to evaluate the educational needs of the child, 34 C.F.R. § 300.306 (c)(1), and provide parents with an opportunity to examine all of their child’s records.”
Dl v. Dist. of Columbia, 194 F. Supp. 3d 30 (D.D.C. 2016).
· cites it 3× “256.The District applies the 120-day deadline to the eligibility determination.”
D.B. v. Bedford Cnty. Sch. Bd., 708 F. Supp. 2d 564 (W.D. Va. 2010).
· cites it 3× “For a child suspected of having a specific learning disability, the documentation of the determination of eligibility (as required by 34 C.F.R. § 300.306 (a)(2)), must contain a statement that includes whether the child has a specific learning disability, and the basis for…”
H v. Riesel Indep Sch Dist, 18 F.4th 788 (5th Cir. 2021).
“§ 1414 (d)(1)(A)(i)(IV); 34 C.F.R. § 300.306 (c)(2). But this claim rests on too narrow an understanding of “special education.”
— 34 C.F.R. § 300.306(a) — 1 case
— 34 C.F.R. § 300.306(a)(1) — 1 case
— 34 C.F.R. § 300.306(c) — 1 case
— 34 C.F.R. § 300.306(c)(2) — 1 case
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