D.C. Mun. Regs. tit. 5, r. 5-A3108

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

Rule 5-A3108 - CHILD ELIGIBILITY FOR SERVICES

3108.1

A child must be a resident of the District of Columbia in order to receive Part C early intervention services from the District of Columbia.

3108.2

A child is a resident of the District of Columbia if the child:

(a) Is a ward of the District of Columbia;

(b) Lives with a natural parent, step parent, or adoptive parent who is a District of Columbia resident and has custody or control of a child, including joint custody; or,

(c) Lives with a guardian, custodian, or caregiver who is a resident of the District of Columbia.

3108.3

Until § 3108.4 takes effect, pursuant to Part C IDEA regulations at 34 CFR §§ 303.21 and 303.111, a child is eligible for District of Columbia Part C early intervention services if the child is between the age of birth and their third (3rd) birthday and any of the following apply:

(a) The child demonstrates a delay of fifty (50%) percent, using appropriate diagnostic instruments and procedures, in one (1) of the following developmental areas:

(1) Physical development, including vision or hearing;

(2) Cognitive development;

(3) Communication development;

(4) Social or emotional development; or

(5) Adaptive development.

(b) The child is diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay, including conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome.

(c) In addition to the above criteria, effective July 1, 2013, the child demonstrates a delay of twenty- five percent (25%), using appropriate diagnostic instruments and procedures, in two (2) or more of the following developmental areas:

(1) Physical development, including vision or hearing;

(2) Cognitive development;

(3) Communication development;

(4) Social or emotional development;

(5) Adaptive development

D.C. Mun. Regs. tit. 5, r. 5-A3108

Final Rulemaking published at 60 DCR 5614 (April 12, 2013); amended by Final Rulemaking published at 65 DCR 7392 (7/13/2018)

Authority: Section 3(b) of the State Education Office Establishment Act of 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(11) (2012 Supp.)); pursuant to Section 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 7-863.04 (2008 Repl.)); Part C of the Individuals with Disabilities Education Improvement Act of 2004, approved December 3, 2004 ( P.L. 108-446, 118 Stat. 2648; 20 U.S.C. §§ 1400 - 1482); and Mayor's Order 2009-167, dated September 28, 2009.