D.C. Mun. Regs. tit. 5, r. 5-A3020

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

Rule 5-A3020 - INDIVIDUALIZED EDUCATION PROGRAM IN EFFECT

3020.1

The LEA shall ensure that there is an IEP in effect for each enrolled child who has been determined eligible for special education and related services throughout the calendar year, including the summer months.

3020.2

For students who enroll in an LEA after the start of the LEA's school year, as soon as possible but no later than five (5) school days after enrollment, the LEA shall send a written request for the child's educational records to the child's previous LEA, including a request for all documentation pertaining to the referral for or provision of special education or related services to the child, that are not maintained in the District of Columbia special education system of record or the Statewide longitudinal education database including, but not limited to, disciplinary actions, course completion, and credit accrual.

3020.3

The LEA shall respond to a request for educational records of a previously enrolled child by providing such records as soon as possible, but no later than ten (10) business days after the receipt of the request, even if the provision of such records necessitates the physical transfer of paper records.

3020.4

The child's new LEA shall ensure that any existing IEP or supporting special education documentation received from the child's parent or previous LEA is uploaded into the appropriate State-level data system no later than five (5) business days after receipt.

3020.5

The LEA, in consultation with the parent, shall make FAPE available to a child who transfers into the LEA in the form of comparable services, as follows:

(a) Comparable services shall be provided as soon as possible, and all comparable services shall be in place no later than twenty (20) calendar days of the LEA's receipt of the child's existing IEP, IFSP, or services plan;

(b) The LEA shall provide the parent of a child with disabilities with prior written notice before the provision of comparable services; and

(c) Comparable services means similar or equivalent to those described in the child's existing IEP from the prior LEA.

3020.6

The LEA is not required to provide special education and related services to the child, including comparable services, if it is unable to obtain the existing IEP after exercising and documenting reasonable efforts to obtain the child's educational records. However, if the LEA suspects that the child is a child with a disability, the LEA shall fulfill its child find responsibilities under Section 3003 to evaluate the student to determine eligibility.

3020.7

For students who enroll in an LEA after the start of the LEA's school year, the LEA shall, upon enrollment, begin collecting and reviewing child-level data to assist in its determination of whether a transfer child's existing IEP is appropriate to meet the unique needs of the child.

3020.8

If a child transfers from an LEA outside of the District of Columbia, the new LEA shall determine whether it is necessary to conduct an evaluation to determine the child's eligibility under this chapter, as follows:

(a) If the LEA determines it is not necessary to conduct an evaluation, the LEA shall document adoption of the child's existing eligibility within thirty (30) calendar days of enrollment; or

(b) If the LEA determines it is necessary to conduct an evaluation, or if the LEA is unable to obtain the existing IEP or other necessary student records, the LEA shall:

(1) Make and document reasonable efforts, as defined in this chapter, to obtain parental consent within fifteen (15) calendar days from the date on which the child is referred for an initial evaluation;

(2) Conduct an evaluation and determine eligibility within sixty (60) calendar days from the date that the student's parent or guardian provides consent for the evaluation or assessment; and

(3) Develop an IEP within fifteen (15) calendar days of the eligibility determination.

3020.9

If a child transfers from an LEA within the District of Columbia, the new LEA shall determine whether to adopt the existing IEP or develop a new IEP within thirty (30) calendar days of enrollment, as follows:

(a) If the LEA determines that the existing IEP is appropriate, the LEA shall document adoption of the IEP within thirty (30) calendar days of enrollment; or

(b) If the LEA determines that the existing IEP is not appropriate, the LEA shall develop and finalize a new IEP within sixty (60) calendar days of enrollment.

3020.10

The LEA may not adopt an existing IEP that is expired or will expire within thirty (30) calendar days of the child's enrollment. However, the LEA is obligated to provide FAPE in the form of comparable services consistent with Section 3020.5.

3020.11

Upon receipt of an expired IEP, the LEA shall presume that the child remains a child with a disability and provide FAPE in the form of comparable services consistent with Section 3020.5 unless it has record or documentation of a formal exit from special education, as follows:

(a) The LEA shall request appropriate records, provide comparable services, and conduct an evaluation to ensure that the child receives appropriate services;

(b) The LEA shall adhere to the procedures and timelines set forth in this chapter to determine whether the child continues to be a child with a disability and, if necessary, to develop an IEP for the child; and

(c) If the child's IEP Team determines that the child is no longer eligible for services, the LEA shall complete all procedural and documentation requirements before ceasing the provision of comparable services and exiting the child from special education pursuant to Section 3028.

D.C. Mun. Regs. tit. 5, r. 5-A3020

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