D.C. Mun. Regs. tit. 5-A, § 3004
Request for Initial Evaluation
Effective Jul 1, 2022Published May 27, 202269 DCR 005902Authority: Sections 3(b)(8), 3(b)(9), 3(b)(10), 3(b)(11), and 3(b)(15) of the State Education Office Establishment Act of 2000, effective October 21, 2000, (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(8), (b)(9), (b)(10), (b)(11) and (b)(15) (2018 Repl.)); Sections 102(b) and 202(b) of the Enhanced Special Education Services Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-195; D.C. Official Code §§ 38-2614(a)(1) & (b) and 38-2561.02(a)(2018 Repl.)); Section 115 of the Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code § 38-2561.15) (2018 Repl.)); Mayor’s Order 2007-149, dated June 28, 2007; Part B and Part C of the Individuals with Disabilities Education Act, approved December 3, 2004 (Pub. L. 108-446; 118 Stat. 2647; 20 U.S.C. § 1400 et seq.) (“IDEA”) and regulations promulgated thereunder at 34 C.F.R. Parts 300 and 303; and Title I, Subpart A and Title III, Subpart A of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (Pub. L. 89-10, 79 Stat. 27), as amended by the Every Student Succeeds Act, approved December 10, 2015 (Pub. L. 114-95, 129 Stat. 1802; 20 U.S.C. §§ 6311-6339 and §§ 6811-6861) and Section 204(f) of the Equal Educational Opportunities Act of 1974, approved August 21, 1974 (Pub. L. 93-380; 88 Stat. 514; 20 U.S.C. § 1703(f)). Source: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).District of Columbia, Office of the Secretary
3004.1 The LEA shall treat a referral from the following individuals as a request for initial evaluation in accordance with 34 C.F.R. § 300.301(b):
- (a) The child's parent;
- (b) The child, provided that educational rights have transferred to the child;
- (c) An employee of the LEA the child is enrolled in, who has knowledge of the child; and
- (d) An employee of a public agency, as defined by 34 C.F.R. § 300.33, who has knowledge of the child.
3004.2 For children under the age of six (6), the LEA shall also treat a referral from the following sources, as a request for initial evaluation in accordance with 34 C.F.R. § 300.301(b):
- (a) Pediatrician or other medical professional including physicians, hospitals, and other health providers;
- (b) Child development facilities, including day care centers, child care centers, and early childhood programs;
- (c) District agencies and programs, including IDEA Part C programs;
- (d) Community and civic organizations; and
- (e) Advocacy organizations.
3004.3 The LEA shall not delay or deny a timely initial evaluation to conduct screenings, implement pre-referral interventions including but not limited to response to intervention strategies, or because of a child's limited English proficiency.
3004.4 The LEA shall notify the parent of receipt of any referral received under Section 3004.2. This notification shall include information regarding:
- (a) The initial evaluation process;
- (b) Parental consent requirements; and
- (c) Resources the parent may contact for assistance.
3004.5 A referral for an initial evaluation may be oral or written.
3004.6 Upon receiving an oral referral for an initial evaluation, the LEA shall:
(a) Assist any outside referral source, including but not limited to the parent and other public agencies, to document an oral referral in writing; and
(b) Document the date of any oral referral within three (3) business days of receipt.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).