D.C. Mun. Regs. tit. 5, r. 5-A3010
As part of the initial evaluation procedures described in Sections 3005 and3006, the IEP Team shall complete its eligibility determination including determining:
The IEP Team may not determine that the child is a child with a disability if the determinant factor for that eligibility determination is:
Except as provided in Section 3010.5, if a child has a disability that does not adversely affect the child's educational performance, and requires a related service but not special education, the child is not considered a child with a disability under this chapter.
Notwithstanding an eligibility determination on the basis of multiple disabilities as defined by Section 3011.8, the IEP team may determine that a child meets the eligibility criteria for more than one (1) eligibility category as defined in Section 3011 and designate one (1) primary disability and one (1) or more secondary disabilities.
Speech-language pathology services may be considered special education, and may be designated as special education on a child's IEP.
The IEP Team shall develop an IEP only for an eligible child with disabilities who requires special education services.
A determination by the IEP team that a child is a child with a disability but that the child does not require special education services under this chapter does not preclude a child's eligibility for services or protections under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and implementing regulations at 34 C.F.R. Part 104 .
The LEA shall provide a copy of the documentation of the determination of eligibility at no cost to the parent no later than five (5) business days after the meeting at which the determination of eligibility was made.
D.C. Mun. Regs. tit. 5, r. 5-A3010