D.C. Mun. Regs. tit. 5, r. 5-A3003

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A3003 - CHILD FIND

3003.1

Each LEA and public agency shall publish and implement child find policies and procedures to ensure that:

(a) All children with disabilities between the ages of three (3) and twenty-two (22) years old enrolled in the LEA, including children with disabilities who are homeless, children who are in the custody of the District of Columbia CFSA or committed to DYRS, children who are suspected of being a child with a disability even though they are making progress grade to grade, and highly mobile children, who are in need of special education and related services, are identified, located, and evaluated; and

(b) A practical method is developed and implemented to determine which children are currently receiving needed special education and related services.

3003.2

DCPS shall also implement child find policies and procedures to ensure that:

(a) All children with disabilities between three (3) and twenty-two (22) years who are residents of the District of Columbia but are not enrolled in a public charter school LEA, and who are in need of special education and related services, are identified, located, and evaluated;

(b) A practical method is developed and implemented to determine which children are currently receiving needed special education and related services;

(c) With regard to children under the age of six (6) years old, DCPS:

(1) Maintains, and updates at least annually, a list of primary referral sources, including physicians, hospitals, and other health providers; day care centers, child care centers, and early childhood programs; District departments and agencies; community and civic organizations; and advocacy organizations; and

(A) Contacts primary referral sources at least once a month until a referral relationship is established and then every three (3) months thereafter;

(B) Develops a system to track the frequency and type (in person, email, phone, etc.) of contacts with the primary referral sources described in paragraph(c)(1) of this subsection to ensure that outreach occurs on a regular basis; and

(C) Develops, publishes, and distributes printed materials for primary referral sources to inform them of the preschool special education and related services available from DCPS, the benefits and cost-free nature of these services, and how to make a referral;

(2) Develops and publishes printed materials for parents and guardians to provide information regarding preschool special education and related services available from DCPS, the benefits and cost-free nature of these services, and how to obtain the services. These materials shall be:

(A) Written at an appropriate reading level and translated into multiple languages as required by local law; and

(B) Distributed to all primary referral sources described in paragraph (c)(1) of this subsection, all DCPS and public charter schools, District of Columbia Public Libraries, Economic Security Administration (ESA) Service Centers, District of Columbia Parks and Recreation facilities, and other locations designed to reach as many parents or guardians of preschool children who may be eligible for special education and related services as possible; and

(3) Ensures that appropriate DCPS outreach staff (e.g., the Child Find Field Coordinators) contact primary referral sources or a staff member in the primary referral source's office who are instrumental in making referrals at least once a month until a referral relationship is established and then every three (3) months thereafter. The initial meeting shall be face-to-face whenever possible when pursuing referrals from new referral sources and then less frequently thereafter, using the method of contact preferred by the referral sources (e.g., e-mail, texting, or telephone calls).

3003.3

DCPS shall conduct public awareness activities sufficient to inform parents and the community regarding the availability of special education and related services and the methods available to request those services and programs. District public charter school LEAs shall conduct similar awareness activities to inform parents and community members that interact with the public charter school LEA of the availability of special education and related services and the methods available to request those services and programs.

3003.4

DCPS is responsible for conducting child find activities for resident children who are homeschooled as well as resident and nonresident parentally-placed private school children over three (3) years of age attending religious and other private elementary and secondary schools located in the District and may not require enrollment in DCPS prior to evaluation or development of an IEP.

3003.5

To determine if a child is suspected of being a child with a disability, the LEA may:

(a) Conduct screenings;

(b) Consider existing child data and information; and

(c) Consult with the parent.

D.C. Mun. Regs. tit. 5, r. 5-A3003

Final Rulemaking published at 69 DCR 5902 7/1/2022