(a) Evaluation procedures for initial evaluation of a child must:

1. (1) Be conducted within sixty (60) calendar days of receiving parental consent for the evaluation; and

2. (2) Consist of procedures to determine:

   1. (A) If the child is a child with a disability under 34 C.F.R. § 300.8; and
   2. (B) The educational needs of the child.

(b)

1. (1) Evaluation is defined as the data gathering process where procedures are used selectively with an individual student.

2. (2) It does not include basic tests administered or procedures used with all students in a:

   1. (A) School;
   2. (B) Grade; or
   3. (C) Class.

(c) Exception. The time frame described in subsection (a) 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 subsection (a) 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 34 C.F.R. § 300.8.

(d) The exception in subsection (a) of this section applies only if the:

1. (1) Subsequent public agency is making sufficient progress to ensure a prompt completion of this evaluation; and
2. (2) Parent and subsequent public agency agree to a specific time when the evaluation will be completed.

(e)

1. (1) Screening for instructional purposes is not evaluation.
2. (2) The screening of a student by a teacher or specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.