34 C.F.R. § 300.534 Determination of eligibility.
Title 34 - Education
(a) Upon completing the administration of tests and other evaluation materials— (1) A group of qualified professionals and the parent of the child must determine whether the child is a child with a disability, as defined in §300.7; and (2) The public agency must provide a copy of the evaluation report and the documentation of determination of eligibility to the parent. (b) A child may not be determined to be eligible under this part if— (1) The determinant factor for that eligibility determination is— (i) Lack of instruction in reading or math; or (ii) Limited English proficiency; and (2) The child does not otherwise meet the eligibility criteria under §300.7(a). (c)(1) A public agency must evaluate a child with a disability in accordance with §§300.532 and 300.533 before determining that the child is no longer a child with a disability. (2) The evaluation described in paragraph (c)(1) of this section is not required before the termination of a student's eligibility under Part B of the Act due to graduation with a regular high school diploma, or exceeding the age eligibility for FAPE under State law. (Authority: 20 U.S.C. 1414(b)(4) and (5), (c)(5))
Title 34: Education
PART 300—ASSISTANCE TO STATES FOR THE EDUCATION OF CHILDREN WITH DISABILITIES
Subpart E—Procedural Safeguards
Procedures for Evaluation and Determination of Eligibility
§ 300.534 Determination of eligibility.
