POLICY LETTER: April 11, 2012 to Cumberland County Schools Exceptional Children's Programs Executive Director Ruben A. Reyes
April 11, 2012Ruben A. ReyesExecutive DirectorExceptional Children's ProgramsCumberland County SchoolsP.O. Box 2357Fayetteville, North Carolina 28302Dear Mr. Reyes:This is in response to your October 10, 2011 letter to me in which you seek clarification of the requirements for timely initial evaluations under the Individuals with Disabilities Education Act (IDEA) as reported in North Carolina's State Performance Plan/Annual Performance Report (SPP/APR) under IDEA Part B Indicator 11. Under 34 CFR 300.301(c)(1), the initial evaluation must be conducted within 60 days after receiving parental consent for the evaluation or, if the State establishes a timeframe within which the evaluation must be conducted, within that timeframe. Pursuant to 34 CFR 300.301(d), the timeframe does not apply if: (1) the parent of a child repeatedly fails or refuses to produce the child for evaluation; or (2) a child enrolls in a school of another public agency after the relevant timeframe in 34 CFR 300.301(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. In the regulations, a day is a calendar day unless otherwise indicated as a business day or school day. 34 CFR 300.11. In general, Indicator 11 measures a State's compliance with the timely initial evaluation requirements in 34 CFR 300.301(c). Each State, in turn, must measure and report on each local educational agency's (LEA's) compliance with this indicator. 34 CFR 300.602(a).As contemplated in the regulation, a State is permitted to establish a timeIf you have additional questions, please do not hesitate to contact Lynne Fairfax, State contact for North Carolina, at 202-245-7337 or by email at Lynne.Fairfax@ed.gov.Sincerely,/s/ Melody MusgroveMelody Musgrove, Ed.D.DirectorOffice of Special Education Programscc: State Director of Special EducationPage PAGE 2Ruben A. Reyes
Letter regarding timeframes for initial evaluations.