D.C. Mun. Regs. tit. 5, r. 5-A3004

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

Rule 5-A3004 - REQUEST FOR INITIAL EVALUATION

3004.1

The LEA shall treat a referral from the following individuals as a request for initial evaluation in accordance with 34 C.F.R. § 300.301(b):

(a) The child's parent;

(b) The child, provided that educational rights have transferred to the child;

(c) An employee of the LEA the child is enrolled in, who has knowledge of the child; and

(d) An employee of a public agency, as defined by 34 C.F.R. § 300.33, who has knowledge of the child.

3004.2

For children under the age of six (6), the LEA shall also treat a referral from the following sources, as a request for initial evaluation in accordance with 34 C.F.R. § 300.301(b):

(a) Pediatrician or other medical professional including physicians, hospitals, and other health providers;

(b) Child development facilities, including day care centers, child care centers, and early childhood programs;

(c) District agencies and programs, including IDEA Part C programs;

(d) Community and civic organizations; and

(e) Advocacy organizations.

3004.3

The LEA shall not delay or deny a timely initial evaluation to conduct screenings, implement pre-referral interventions including but not limited to response to intervention strategies, or because of a child's limited English proficiency.

3004.4

The LEA shall notify the parent of receipt of any referral received under Section 3004.2. This notification shall include information regarding:

(a) The initial evaluation process;

(b) Parental consent requirements; and

(c) Resources the parent may contact for assistance.

3004.5

A referral for an initial evaluation may be oral or written.

3004.6

Upon receiving an oral referral for an initial evaluation, the LEA shall:

(a) Assist any outside referral source, including but not limited to the parent and other public agencies, to document an oral referral in writing; and

(b) Document the date of any oral referral within three (3) business days of receipt.

D.C. Mun. Regs. tit. 5, r. 5-A3004

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