- Such initial evaluation shall consist of procedures—
- (I) to determine whether a child is a child with a disability (as defined in 1401 of this title) 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 such timeframe; and
- (II) to determine the educational needs of such child.
- The relevant timeframe in clause (i)(I) shall not apply to a local educational agency if—
- (I) a child enrolls in a school served by the local educational agency after the relevant timeframe in clause (i)(I) has begun and prior to a determination by the child’s previous local educational agency as to whether the child is a child with a disability (as defined in section 1401 of this title), but only if the subsequent local educational agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent local educational agency agree to a specific time when the evaluation will be completed; or
- (II) the parent of a child repeatedly fails or refuses to produce the child for the evaluation.
(i) In general
Last modified on November 7, 2019