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34 C.F.R. § 300.303 : Education — REGULATIONS OF THE OFFICES OF THE DEPARTMENT OF EDUCATION — OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION — ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES — EVALUATIONS, ELIGIBILITY DETERMINATIONS, INDIVIDUALIZED EDUCATION PROGRAMS, AND EDUCATIONAL PLACEMENTS —EVALUATIONS AND REEVALUATIONS — 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.