D.C. Mun. Regs. tit. 5, r. 5-A3017

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

Rule 5-A3017 - INDIVIDUALIZED EDUCATION PROGRAM DEVELOPMENT

3017.1

The LEA shall ensure that the IEP Team completes its development of the initial IEP for a child with a disability within thirty (30) days of a determination that a child is eligible for special education and related services.

3017.2

The LEA shall provide school staff and related service providers with access to the completed IEP no later than five (5) business days after the IEP is finalized.

3017.3

The LEA shall ensure that each teacher and provider described in Section 3017.2 is informed of:

(a) His or her specific responsibilities related to implementing the child's IEP; and

(b) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

3017.4

The LEA shall provide the child's parent with the completed IEP as required by Section 3009.8.

3017.5

In developing an IEP for a child with a disability, the IEP Team shall consider and document:

(a) The child's strengths and needs;

(b) The concerns of the parent for meeting the educational needs of the child;

(c) The results of the most recent evaluation;

(d) The academic, developmental, and functional needs of the child; and

(e) The child's need for assistive technology devices and services.

3017.6

The LEA shall develop an IEP and provide special education and related services that are based upon the individual needs of the child and not upon the child's disability category.

3017.7

The IEP team shall develop an IEP that is reasonably calculated to enable the child to make progress that is appropriate in light of the child's circumstances.

3017.8

An IEP shall include:

(a) A statement of the child's present levels of academic achievement and functional performance, including:

(1) How the child's disability affects the child's involvement and progress in the general education curriculum; or

(2) For preschool children, as appropriate, how the disability affects the child's participation in developmentally appropriate activities and environments;

(b) A statement of measurable annual goals, including academic and functional goals designed to meet the child's needs that result from the child's disability to enable the child to be involved and make progress in the general education curriculum that is appropriate in light of the child's circumstances, and meet each of the child's other educational needs that result from the child's disability, including a description of:

(1) How the child's progress toward meeting the annual goals will be measured; and

(2) When periodic reports on the child's progress toward meeting the annual goals will be provided;

(c) A description of benchmarks or short-term objectives for children with disabilities who take alternate assessments aligned to alternate achievement standards;

(d) A statement of the special education and related services and supplementary aids and services, including assistive technology, to be provided to the child, and a statement of the program modifications or supports for LEA personnel that will be provided to enable the child to do all of the following:

(1) Advance appropriately toward attaining the annual goals;

(2) Be involved in and make progress in the general education curriculum, and to participate in other nonacademic activities and extracurricular; and

(3) Be educated and participate with other children with disabilities and children without disabilities in the activities described in this section;

(e) An explanation of the extent, if any, to which the child will not participate with children without disabilities in the general education environment and in the activities described in paragraph (d) of this subsection;

(f) A statement of any individual appropriate accommodations necessary to measure the academic achievement and functional performance of the child on statewide assessments or, if the IEP Team determines that the child shall take an alternate assessment, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child; and

(g) The projected date for the initial provision of services and modifications designated, and the anticipated frequency, location, and duration of those services and modifications.

3017.9

The IEP Team shall consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the language and communication needs, including:

(a) Opportunities for direct communications with peers and professional personnel in the child's language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child's language and communication mode; and

(b) The LEA shall provide the necessary assistive technology devices and services to accommodate the student's language and communication needs.

3017.10

If the behavior of a child with a disability impedes the student's learning or the learning of other students, the IEP team shall consider:

(a) The use of positive behavioral interventions and supports and other strategies to address that behavior and shall document which interventions were considered and selected; and

(b) Whether to conduct a functional behavioral assessment and develop a behavioral intervention plan for the child.

3017.11

If a child with a disability is an English learner pursuant to 5-E DCMR Chapter 31:

(a) The IEP Team shall consider the language needs of the child as those needs relate to the child's educational performance, IEP services, and IEP goals; and

(b) The LEA shall provide the individualized services and accommodations required by the student's IEP and the student's language instruction educational program.

3017.12

If a child is blind or visually impaired:

(a) The LEA shall conduct an assessment of the child's reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child's future needs) in order to assess the student's need for instruction in Braille or the use of Braille;

(b) The IEP Team shall consider the results of the assessment to determine if the use of Braille is appropriate, and document such material needs in the child's IEP; and

(c) The LEA shall provide the necessary assistive technology devices and services to accommodate the child's vision-related needs.

3017.13

The IEP Team shall consider whether the child needs assistive technology devices and services not otherwise considered in accordance with this section.

3017.14

The general education teacher of a child with a disability, as a member of the IEP Team, shall assist in determining the supplementary aids and services, program modifications, or supports for school personnel that shall be provided for the child in conjunction with general education classroom placement.

3017.15

Except as required in Section 3001.11(c), the LEA shall implement an IEP as soon as possible after the meeting where the IEP is developed or revised.

D.C. Mun. Regs. tit. 5, r. 5-A3017

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