3108 CHILD ELIGIBILITY FOR SERVICES

3108.1 A child must be a resident of the District of Columbia in order to receive Part C early intervention services from the District of Columbia.

3108.2 A child is a resident of the District of Columbia if the child:

1. (a) Is a ward of the District of Columbia;
2. (b) Lives with a natural parent, step parent, or adoptive parent who is a District of Columbia resident and has custody or control of a child, including joint custody; or,
3. (c) Lives with a guardian, custodian, or caregiver who is a resident of the District of Columbia.

3108.3 Until § 3108.4 takes effect, pursuant to Part C IDEA regulations at 34 CFR §§ 303.21 and 303.111, a child is eligible for District of Columbia Part C early intervention services if the child is between the age of birth and their third (3rd) birthday and any of the following apply:

(a) The child demonstrates a delay of fifty (50%) percent, using appropriate diagnostic instruments and procedures, in one (1) of the following developmental areas:

1. (1) Physical development, including vision or hearing;
2. (2) Cognitive development;
3. (3) Communication development;
4. (4) Social or emotional development; or
5. (5) Adaptive development.

(b) The child is diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay, including conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome.

(c) In addition to the above criteria, effective July 1, 2013, the child demonstrates a delay of twenty-five percent (25%), using appropriate diagnostic instruments

and procedures, in two (2) or more of the following developmental areas:

(1) Physical development, including vision or hearing;

(2) Cognitive development;

(3) Communication development;

(4) Social or emotional development;

(5) Adaptive development

3108.4 Beginning July 1, 2018, a child is eligible for District of Columbia Part C early intervention services if the child is between the age of birth and their third (3rd) birthday and any of the following apply:

(a) The child demonstrates a delay of twenty-five percent (25%), using appropriate diagnostic instruments and procedures, in one (1) of the following developmental areas:

(1) Physical development, including vision or hearing;

(2) Cognitive development;

(3) Communication development;

(4) Social or emotional development; or

(5) Adaptive development; or

(b) The child is diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay, including conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome.

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013); as amended by Final Rulemaking published at 65 DCR 7392 (July 13, 2018).