CHANGES IN INITIAL EVALUATION AND REEVALUATION - Regulations

2. Add a 60-day timeline to complete initial evaluation (unless the state has an established timeline).

The initial evaluation:
  • Must be conducted within 60 days of receiving parental consent for the evaluation or, if the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and
  • Must consist of procedures to determine if the child is a child with a disability under 34 CFR 300.8 and to determine the educational needs of the child.
[34 CFR 300.301(c)] [20 U.S.C. 1414(a)(1)(C)]

The timeframe described in 34 CFR 300.301(c)(1) does not apply to a public agency if:
  • The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or
  • A child enrolls in a school of another public agency after the relevant timeframe in 34 CFR 300.300(c)(1) 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 34 CFR 300.8.
[34 CFR 300.301(d)] [20 U.S.C. 1414(a)(1)(C)]

The exception in 34 CFR 300.301(d)(2) 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.
[34 CFR 300.301(e)] [20 U.S.C. 1414(a)(1)(C)]


Dialogue Starter - Cross-stakeholder

Reaction Questions

  1. Has your State adopted the federal (60-day) timeline or established a State timeline? If your state has adopted a different state time line, what is it?


  2. How does the 60-day federal timeline compare to the timeline established by your state? If they are different, do you perceive one timeline to have a benefit over the other?


  3. What might be some challenges districts may have in meeting the timeline for initial evaluations?


  4. What concerns may parents have about this timeline?


Application Questions

  1. How might evaluation procedures be organized to meet the timeline for completing the initial evaluation?


  2. Students may move after the evaluation process has been initiated, thus involving two of more districts in completion of the evaluation. What procedures are used in your district to facilitate timely completion of the evaluation process in these circumstances?


  3. What processes might be in place to meet the initial evaluation timeline for parentally placed students in private schools?


  4. What might be some ways to encourage parents to be actively involved in the evaluation process?


  5. In what ways can school and families work together to ensure that all timelines are met and the evaluation is completed promptly?


    These questions were developed by the following stakeholders working together:

    Role: Teacher
    Location: West Virginia

    Role: Service Provider
    Location: Maryland

    Role: Administrator
    Location: Georgia

    Role: Family
    Location: Georgia

    Role: Teacher
    Location: Colorado

    Role: Higher Education
    Location: Indiana

    Role: Administrator
    Location: California

    Role: Teacher
    Location: Florida

    Role: Service Provider
    Location: Kentucky