Sec. 300.534 Determination of eligibility.

(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 Sec. 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 Sec. 300.7(a).

(c)

(1) A public agency must evaluate a child with a disability in accordance with Secs. 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.