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. § 300.308

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The determination of whether a child suspected of having a specific learning disability is a child with a disability as defined in § 300.8, must be made by the child's parents and a team of qualified professionals, which must include—

(a)(1) The child's regular teacher; or

(2) If the child does not have a regular teacher, a regular classroom teacher qualified to teach a child of his or her age; or

(3) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and

(b) At least one person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.

(Authority: 20 U.S.C. 1221e-3; 1401(30); 1414(b)(6))
Notes of Decisions
Cited in 4 cases, 1997–2011 · leading case: Michael P. v. Dep't of Educ., 656 F.3d 1057 (9th Cir. 2011).
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Michael P. v. Dep't of Educ., 656 F.3d 1057 (9th Cir. 2011). · cites it 2× “34 C.F.R. § 300.308 . At Courtney's meeting, the following individuals participated: the principal, psychological examiner, school psychologist, student services coordinator, resource teacher, several general education teachers, and Courtney's mother and grandfather.”
Catrone v. Miles, 160 P.3d 1204 (Ariz. Ct. App. 2007). “540 (b) (July 1,2006), renumbered as 34 C.F.R. § 300.308 (b) (effective October 13, 2006).”
In re the Adoption of Amendments To N.J.A.C. 6:28-2.10, 702 A.2d 838 (N.J. Super. Ct. App. Div. 1997). “34 C.F.R. § 300.308 , further, specifically directs [e]ach public agency shall ensure that assistive technology devices or assistive technology services, or both, as those terms are defined, in §§ 300.”
D.B. v. Bedford Cnty. Sch. Bd., 708 F. Supp. 2d 564 (W.D. Va. 2010). “As set forth in 34 C.F.R. § 300.308 , the determination of whether a child suspected of having a specific learning disability is a child with a disability must be made by a group that includes the child’s parents and a team of qualified professionals, who may determine that a…”
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