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(2.34) Is a school district required to do an evaluation before it disqualifies a student from special education eligibility?

(2.34) Is a school district required to do an evaluation before it disqualifies a student from special education eligibility?

Yes. Before determining that a child with a disability is no longer eligible for special education and related services, the school district must conduct a thorough and comprehensive evaluation of the child. [34 C.F.R. Sec. 300.305(e); Cal. Ed. Code Sec. 56381(h).]  If you disagree with the school district’s recommendation on eligibility, you may ask for a due process hearing to resolve the issue. 

However, if the district is terminating eligibility because the student graduated with a regular high school diploma, or exceeded the age eligibility for special education and related services, no evaluation is required. [34 C.F.R. Sec. 300.305(e)(2); Cal. Ed. Code Sec. 56381(i).]