Menu Close

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

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

Print this Page

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.[1] If you disagree with the school district’s recommendation on eligibility, you may file a due process complaint 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.[2]

  1. 20 U.S.C. Sec. 1414(c)(5)(A); 34 C.F.R. Sec. 300.305(e); Cal. Ed. Code Sec. 56381(h).[↩]
  2. 20 U.S.C. Sec. 1414(c)(5)(B); 34 C.F.R. Sec. 300.305(e)(2); Cal. Ed. Code Sec. 56381(i).[↩]