D.C. Mun. Regs. tit. 5, r. 5-A3005

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

Rule 5-A3005 - INITIAL EVALUATION PROCESS

3005.1

The LEA shall ensure that a full and individual evaluation is conducted for each child suspected of being a child with a disability in need of special education before the initial provision of special education and related services to determine:

(a) If the child is a child with a disability under this chapter; and

(b) The educational needs of the child.

3005.2

The LEA proposing or refusing to conduct an initial evaluation to determine if a child is a child with a disability shall provide the parent with prior written notice in accordance with Section 3032 and a copy of the procedural safeguards notice in accordance with Section 3033. The prior written notice shall also contain:

(a) Information about the purpose of the evaluation process;

(b) The types of child-level data being assessed; and

(c) Any additional assessments needed.

3005.3

After providing prior written notice, the LEA shall obtain consent from the parent of the child before proceeding with the initial evaluation.

3005.4

An LEA shall:

(a) Make and document reasonable efforts, as defined in this chapter, to obtain parental consent within thirty (30) days from the date on which the child is referred for an initial evaluation, and begin such efforts no later than ten (10) business days from the referral date; and

(b) Evaluate and make an eligibility determination for a student who may have a disability and who may require special education services within sixty (60) days from the date that the student's parent or guardian provides consent for the evaluation;

3005.5

The initial evaluation timeline in Subsection 3005.4 does not apply to the LEA if:

(a) The LEA has made and documented reasonable efforts under this section and the parent of a child repeatedly fails or refuses to produce the child for the evaluation; or

(b) The child enrolls in a new LEA after the initial evaluation process timeline has begun, but before an eligibility determination has been made by the child's previous LEA, provided that the new LEA is making sufficient progress to ensure prompt completion of the evaluation, and the parent and new LEA agree to a specific time when the evaluation will be completed, not to exceed an additional thirty (30) days.

3005.6

In the case of an initial evaluation, if the child is in the custody of the District of Columbia CFSA and is not residing with the child's parent, the LEA is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if any of the following apply:

(a) Despite documented reasonable efforts to do so, the LEA cannot determine the whereabouts of the parent of the child;

(b) The rights of the parent of the child have been terminated in accordance with District of Columbia law; or

(c) The rights of the parent to make educational decisions have been limited or terminated by a judge in accordance with District of Columbia law, and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.

3005.7

If the parent does not provide consent for the initial evaluation or fails to respond to a request to provide consent, the LEA may, but is not required to, pursue the initial evaluation of the child through mediation or due process procedures consistent with this chapter.

3005.8

Parental consent for the initial evaluation shall not be construed as consent for the initial provision of special education and related services, in accordance with Section 3016.

D.C. Mun. Regs. tit. 5, r. 5-A3005

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