D.C. Mun. Regs. tit. 5, r. 5-A3001
The local education agency (LEA) shall make a free appropriate public education (FAPE) available to each child with a disability, ages three (3) to twenty-two (22), who resides in, or is a ward of, the District of Columbia including children who are suspended or expelled and highly mobile children, such as migrant or homeless children, even if they are advancing from grade to grade.
For the District of Columbia Public Schools (DCPS), the responsibility to make FAPE available extends to all children with disabilities between the ages of three (3) and twenty-two (22) years old, who are residents of the District of Columbia but are not enrolled in a public charter school LEA as described in Section 3001.3, and children with disabilities attending private and religious schools in the District of Columbia, pursuant to the requirements of IDEA and Section 3040 of this chapter.
Unless otherwise provided in Sections 3001.11 through 3001.13, a public charter school LEA's obligation to determine eligibility for special education services and develop an individualized education program (IEP), as applicable, or to provide special education services in accordance with an existing IEP is triggered upon completion of the registration of the student in the Student Information System (SIS) by the school upon receipt of required enrollment forms and letter of enrollment agreement, in accordance with paragraph (d) in the definition of enrollment in this chapter.
A child with a disability shall remain eligible for special education and related services through the end of the school year in which the child turns twenty-two (22) years old unless:
If a child with a disability turns twenty-two (22) after the end of a school year but prior to the first day of the following school year, the child shall be ineligible for further special education and related services under this chapter.
Notwithstanding other legal obligations to provide FAPE, the District of Columbia Department of Youth Rehabilitation Services (DYRS) shall make FAPE available for youth committed to DYRS and housed at the New Beginnings Youth Development Center and the Youth Services Center.
The LEA's responsibility to make FAPE available extends to any child with a disability who is in the custody of the District of Columbia Child and Family Services Agency (CFSA), who is committed to DYRS, who is suspended or expelled by the LEA, and highly mobile children enrolled in the LEA such as migrant or homeless children.
The LEA shall not deny enrollment or otherwise discriminate in its admissions policies or practices on the basis of a child's disability or status as a child with a disability, or the child's need or potential need for special education services, supplementary aids or services, or any other accommodation.
With prior approval by the District of Columbia Public Charter School Board (PCSB), in accordance with D.C. Official Code § 38-1802.06 (c-1), an LEA may give a preference in admission to an applicant who is a child with a disability with an IEP or an applicant who is eligible for special education and related services under a particular disability category.
The LEA shall not require any child to have a medical diagnosis or medical documentation, or obtain or utilize prescription medication as a condition of access to FAPE, or receipt of an evaluation or reevaluation.
For children transitioning from early intervention services under IDEA Part C to special education and related services under IDEA Part B, the LEA shall ensure a smooth and effective transition pursuant to 34 C.F.R. § 300.124, including ensuring that:
Except as provided in Section 3001.11, if a child transfers between LEAs between school years, the new LEA's obligation to make FAPE available begins on the new LEA's first day of the school year.
If a child is registered in the Student Information System (SIS) for more than one (1) LEA, the most recent date of documented parental consent for enrollment shall determine the LEA that is responsible for making FAPE available to the child.
If a public charter school LEA closes or ceases to operate, in full or in part, for any reason, including without limitation voluntary relinquishment or revocation of its charter by the chartering authority, the public charter school LEA shall adhere to charter closure procedures established by the SEA and the chartering authority, as follows:
The LEA shall not be obligated to make FAPE available to a child with disability who has graduated from high school with a regular high school diploma. This provision does not apply to children with disabilities who were awarded an IEP Certificate of Completion (or equivalent) or were awarded a credential other than a high school diploma.
The LEA shall not be obligated to make FAPE available to a child with a disability aged eighteen (18) to twenty-two (22) who, in the last educational placement prior to incarceration in an adult correctional facility:
The LEA shall be obligated to make FAPE available to a child with a disability described in Section 3001.16 if the child:
D.C. Mun. Regs. tit. 5, r. 5-A3001