[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR84.35]



[Page 355]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 84_NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR 

ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE--Table of Contents

 

        Subpart D_Preschool, Elementary, and Secondary Education

 

Sec.  84.35  Evaluation and placement.



    (a) Preplacement evaluation. A recipient that operates a public 

elementary or secondary education program or activity shall conduct an 

evaluation in accordance with the requirements of paragraph (b) of this 

section of any person who, because of handicap, needs or is believed to 

need special education or related services before taking any action with 

respect to the initial placement of the person in regular or special 

education and any subsequent significant change in placement.

    (b) Evaluation procedures. A recipient to which this subpart applies 

shall establish standards and procedures for the evaluation and 

placement of persons who, because of handicap, need or are believed to 

need special education or related services which ensure that:

    (1) Tests and other evaluation materials have been validated for the 

specific purpose for which they are used and are administered by trained 

personnel in conformance with the instructions provided by their 

producer;

    (2) Tests and other evaluation materials include those tailored to 

assess specific areas of educational need and not merely those which are 

designed to provide a single general intelligence quotient; and

    (3) Tests are selected and administered so as best to ensure that, 

when a test is administered to a student with impaired sensory, manual, 

or speaking skills, the test results accurately reflect the student's 

aptitude or achievement level or whatever other factor the test purports 

to measure, rather than reflecting the student's impaired sensory, 

manual, or speaking skills (except where those skills are the factors 

that the test purports to measure).

    (c) Placement procedures. In interpreting evaluation data and in 

making placement decisions, a recipient shall (1) draw upon information 

from a variety of sources, including aptitude and achievement tests, 

teacher recommendations, physical condition, social or cultural 

background, and adaptive behavior, (2) establish procedures to ensure 

that information obtained from all such sources is documented and 

carefully considered, (3) ensure that the placement decision is made by 

a group of persons, including persons knowledgeable about the child, the 

meaning of the evaluation data, and the placement options, and (4) 

ensure that the placement decision is made in conformity with Sec.  

84.34.

    (d) Reevaluation. A recipient to which this section applies shall 

establish procedures, in accordance with paragraph (b) of this section, 

for periodic reevaluation of students who have been provided special 

education and related services. A reevaluation procedure consistent with 

the Education for the Handicapped Act is one means of meeting this 

requirement.



[42 FR 22677, May 4, 1977, as amended at 70 FR 24320, May 9, 2005]