D.C. Mun. Regs. tit. 5, r. 5-A3026

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

Rule 5-A3026 - SECONDARY TRANSITION

3026.1

The first IEP in effect after a child with a disability reaches fourteen (14) years of age, which shall be updated annually thereafter, shall include transition assessments and services, including:

(a) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills and the transition services needed to assist the child in reaching those goals;

(b) For children with disabilities covered by this section and attending middle school, at least one (1) goal shall address readiness for and transition to high school;

(c) A statement of inter-agency responsibilities or any needed linkages before the child leaves the school setting; and

(d) If the IEP team determines that transition services are not needed, the IEP shall include a statement to that effect and the basis upon which the determination was made.

3026.2

The requirements in this section shall not apply to children with disabilities who are convicted as adults under District of Columbia law and incarcerated in adult prisons whose eligibility under Part B of IDEA will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

3026.3

The LEA shall invite a child with a disability to attend his or her IEP Team meeting if a purpose of the meeting will be the consideration of postsecondary goals for the child and the transition services needed to assist the child in reaching those goals, and the LEA shall take other steps to ensure that the child's preferences and interests are considered if the child does not attend the IEP Team meeting.

3026.4

To the extent appropriate and with the consent of the parent or a child who has reached the age of eighteen (18) years old, the LEA shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services, to an IEP Team meeting if a purpose of the meeting will be the consideration of postsecondary goals for the child and the transition services are needed to assist the child in reaching those goals, as follows:

(a) If a participating agency notifies the LEA in advance that it will not be able to attend the meeting, the LEA shall obtain information from the agency necessary for the specific transition services to be included in the IEP; and

(b) If a participating agency, other than the LEA, fails to provide the transition services described in the IEP, the LEA shall reconvene the IEP Team to identify alternative strategies to meet the transition goals for the child specified in the IEP.

3026.5

In accordance with 5-A DCMR Chapter 22 beginning with the ninth grade year, the child's course of study shall include a graduation plan that is reviewed annually and modified, when necessary, to reflect the child's changing needs, interests, and performance.

3026.6

The LEA shall make available a course of study that affords all children, including those children with significant disabilities, an opportunity to earn a regular high school diploma.

3026.7

An IEP Team's decision to alter the child's course of study to an IEP Certificate of Completion shall be justified by child-level performance data and documented in the child's IEP and shall include the following:

(a) The LEA shall provide the parents and child with written notification that the IEP Team has determined that the child will be placed on an IEP Certificate of Completion course of study;

(b) With the written notification to the parents and child, the LEA shall provide accessible information about the differences between a regular high school diploma and an IEP Certificate of Completion course of study;

(c) The LEA shall provide an annual progress report to the parent that includes the child's completed coursework and clearly indicates that the child is on an IEP Certificate of Completion course of study; and

(d) When appropriate, an IEP Team shall consider changing the child's course of study from an IEP Certificate of Completion course of study to a regular high school diploma course of study and, in such cases, the LEA shall provide the child with access to the appropriate coursework required to earn a regular high school diploma, with modifications if necessary, until the end of the school year in which the child turns twenty-two (22) years old.

3026.8

Not later than one (1) year before a child with a disability's anticipated high school graduation or attainment of an IEP Certificate of Completion, the IEP team shall identify which adult services might be appropriate for the child and, in consultation with the appropriate District of Columbia agency when feasible, what evaluations should occur to determine the child's eligibility for those services; provided, that nothing in this section shall be construed to impose any obligation on an LEA to conduct evaluations to determine eligibility for adult services.

3026.9

Beginning at least one (1) year before a child with a disability reaches the age of eighteen (18), his or her IEP shall include a statement that the child has been informed of his or her rights under Part B of IDEA that will transfer to the child on reaching the age of eighteen (18), unless the child has been determined to be incompetent under District of Columbia law or the child has been certified as unable to provide informed consent pursuant to Sections 3035 through 3037.

D.C. Mun. Regs. tit. 5, r. 5-A3026

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