D.C. Mun. Regs. tit. 5, r. 5-A3109
Consistent with 34 C.F.R. § 303.401, the Lead Agency shall notify the appropriate local education agency within the District of Columbia and the state education agency within the District of Columbia of personally identifying information for each child potentially eligible for Part B of the IDEA consistent with 34 C.F.R. § 303.401, 303.209(b), no later than the child's thirty-third (33rd) month, unless a parent has signed and submitted a written request to opt out of notifying the local education agency. The Lead Agency or Lead Agency representative must explain to parents that the information that will be released will include the following:
Prior to sending notification to the local educational agency and the state education agency, the Lead Agency or Lead Agency representative will inform parents of rights afforded by IDEA Part C, including the right to eligibility determination for Part B services and the right to opt-out of having personally identifiable information shared with the local educational agency and the state educational agency. If a parent chooses to opt out, the written request must be signed and submitted to the Lead Agency no later than ten (10) days prior to the child reaching the age of two (2) years and three (3) months. If the child enters the program after the age of two (2) years and three (3) months, the parent may opt out within ten (10) days after the date that the parent provides written consent for services.
The opt-out form shall become part of the child's early intervention record. A parent may revoke his or her choice to opt out at any time by providing written notification to the Lead Agency. The Lead Agency or Lead Agency representative will work with the family to make a referral to the appropriate local educational agency within ten (10) days of receiving notification of revocation.
D.C. Mun. Regs. tit. 5, r. 5-A3109