34 CFR §300.301

1. (a)General. Each public agency must conduct a full and individual initial evaluation, in accordance with §§ 300.304 through 300.306, before the initial provision of special education and related services to a child with a disability under this part.
2. (b)Request for initial evaluation. Consistent with the consent requirements in § 300.300, either a parent of a child or a public agency may initiate a request for an initial evaluation to determine if the child is a child with a disability.
3. (c)Procedures for initial evaluation. The initial evaluation—
   1. (1)
      1. (i)Must be conducted within 60 days of receiving parental consent for the evaluation; or
      2. (ii)If the State establishes a timeframe within which the evaluation must be conducted, within that timeframe; and
   2. (2)Must consist of procedures—
      1. (i)To determine if the child is a child with a disability under § 300.8; and
      2. (ii)To determine the educational needs of the child.
4. (d)Exception. The timeframe described in paragraph (c)(1) of this section does not apply to a public agency if—
   1. (1)The parent of a child repeatedly fails or refuses to produce the child for the evaluation; or
   2. (2)A child enrolls in a school of another public agency after the relevant timeframe in paragraph (c)(1) of this section 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 § 300.8.
5. (e)The exception in paragraph (d)(2) of this section applies only if the subsequent public agency is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and subsequent public agency agree to a specific time when the evaluation will be completed.