34 CFR 300.303 : Education (Parts 1-2 To Parts 1201-1299) — (§ 300.1 To Parts 397-399) — Regulations Of The Offices Of The Department Of Education (Continued) (§ 300.1 To Parts 397-399) — Office Of Special Education And Rehabilitative Services, Department Of Education (§ 300.1 To Parts 397-399) — Assistance To States For The Education Of Children With Disabilities (§ 300.1 To Appendix F To Part 300) — Evaluations, Eligibility Determinations, Individualized Education Programs, And Educational Placements (§ 300.300 To § 300.328) — Evaluations And Reevaluations (§ 300.301 To § 300.306) — 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.