D.C. Mun. Regs. tit. 5-A, § 3019
Individualized Education Program Amendment
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
3019.1 Proposals to revise an IEP that occur after a child's annual IEP Team meeting for a school year, may be considered by the entire IEP Team at an IEP Team meeting or by the LEA and parent through documented written agreement, except that the LEA and parent may not agree in writing to revise the child's eligibility status, disability category, or placement to a more restrictive setting outside the LEA.
3019.2 When proposing to revise the types or amounts of special education or related services through documented written agreement, the LEA shall provide the parent with a written explanation supporting the proposed change including current data and, if relevant, input from the appropriate special education instructor or related service provider.
3019.3 A proposed revision through documented written agreement shall include signatures from both the LEA and the child's parent to execute the IEP amendment.
3019.4 If the LEA and parent agree to an amendment, the LEA shall provide the IEP Team with the amendment no later than five (5) business days after a meeting has occurred or documented written agreement has been executed to amend the IEP.
3019.5 The LEA shall provide the student's parent with a copy of the revised IEP with the amendments incorporated in accordance with Section 3009.8.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).