D.C. Mun. Regs. tit. 5-A, § 3028
Exit From Special Education
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
3028 EXIT FROM SPECIAL EDUCATION
3028.1 The LEA is responsible for developing and implementing a child's IEP, including all associated procedural and documentation requirements, until:
- (a) The child is determined to no longer be a child with a disability;
- (b) The child receives a regular high school diploma; or
- (c) The end of the school year in which the child turns twenty-two (22) years of age.
3028.2 The LEA shall evaluate a child with a disability in accordance with this chapter before determining that the child is no longer a child with a disability, except that an evaluation is not required if the child's entitlement to receive special education services is terminated due to the child receiving a regular high school diploma or due to the child exceeding twenty-two (22) years of age.
3028.3 The LEA shall provide the parent, or child if over eighteen (18) years old and to whom educational rights have transferred, with prior written notice of the discontinuation of special education services as follows:
- (a) The prior written notice shall be provided:
- (1) Prior to the completion of the last semester of school in which the child with an IEP is expected to obtain a regular high school diploma; or
- (2) Prior to the completion of the school year in which the child turned twenty-two (22) years old; and
- (b) The prior written notice shall clearly state that the child will no longer be entitled to receive special education and related services from the LEA.
3028.4 The LEA shall continue to make available special education and related services to a child with a disability who has not earned a regular high school diploma in accordance with the child's IEP, until the end of the school year in which the child turns twenty-two (22) years old.
3028.5 The LEA shall provide the child with a summary of performance at no cost, in accordance with this section, no later than sixty (60) calendar days prior to termination of the child's special education and related services due to obtaining a regular high school diploma or completion of the school year in which the child turns twenty-two (22) years old.
3028.6 The summary of performance required in this section shall include:
(a) A summary of the child's academic achievement,
(b) A summary of the child's functional performance; and
(c) Recommendations on how to assist the child in meeting the child's postsecondary goals.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).