D.C. Mun. Regs. tit. 5, r. 5-A3041

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

Rule 5-A3041 - PARENT OBSERVATION

3041.1

Upon request, the LEA shall provide timely classroom access, either together or separately, to the following persons for the purpose of observing a child's current or proposed special educational program:

(a) The parent of a child with a disability;

(b) A designee appointed by the parent of a child with a disability, that is neither representing the parent's child in litigation related to the provision of free and appropriate public education for that child nor has a financial interest in the outcome of such litigation, and:

(1) Who has professional expertise in the area of special education being observed so long as the LEA has written consent of the parent on file prior to the parent's designee's observation of a child; or

(2) Who is necessary to facilitate an observation for a parent with a disability or to provide language translation assistance to a parent.

3041.2

The LEA shall develop and issue a written policy regarding child observation as follows:

(a) The LEA shall not impose any conditions or restrictions on such observations except those necessary to ensure that:

(1) The safety of the children in a program is maintained;

(2) The confidentiality of the other children in the program is protected by prohibiting observers from disclosing confidential and personally identifiable information in the event such information is obtained in the course of an observation by the parent or a designee; and

(3) Any potential disruption to the learning environment arising from multiple observations occurring in a classroom simultaneously is avoided;

(b) The LEA policy may require advance notice of parent observation;

(c) The LEA policy may require the designation of a parent's observer to be in writing; and

(d) The LEA shall make its written policy regarding child observation publicly available.

3041.3

The time allowed for observation by the parent or the parent's designee shall be of sufficient duration to enable the parent or designee to evaluate a child's performance in a current program or the ability of a proposed program to support the child.

3041.4

The parent, or the parent's designee, shall be allowed to view the child's instruction in the setting where it ordinarily occurs or the setting where the child's instruction will occur if the child were to attend the proposed program.

D.C. Mun. Regs. tit. 5, r. 5-A3041

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