34 CFR 300.306 : 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) — Determination of eligibility.

(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);

(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.