D.C. Mun. Regs. tit. 5-A, § 3022
Placement Determination
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
3022.1 The LEA shall ensure that the appropriate educational placement for a child with a disability is:
(a) Based on the child's current level of need as documented in the child's IEP ;
(b) Reviewed and determined annually by a group of persons, including the parents and other persons knowledgeable about the child, the meaning of the evaluation data, and the continuum of alternative placement options;
(c) As close as possible to the child's home; and
(d) Determined in conformity with the least restrictive environment provisions of Section 3021.
3022.2 The LEA shall determine the child's placement based upon the child's needs, regardless of existing placement options, services, staff, or space that exists at the time.
3022.3 The LEA shall not determine a child's placement based solely on additional costs or administrative inconvenience that would result from educating the child within the general education classroom.
3022.4 A child with a disability shall be educated in the school that the child would attend if the child did not have a disability unless the child's unique needs or the nature or severity of the child's disability warrant a more restrictive placement.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).