Section 29-379. CHILDREN WITH SPECIAL NEEDS

 

379.1Each Child Development Facility that serves one or more children with special needs, including infants, toddlers, preschool-age children, and/or school-age children, shall comply with the specific additional requirements of this section.

 

379.2Upon the admission of a child with a special need, or upon the identification of a special need in an enrolled child, the Facility shall promptly obtain informed written consent, from the parent(s) or guardian(s) of the child, for the implementation of any treatment or protocol ordered by the child's licensed health care practitioner.

 

379.3The Facility shall ensure that the care of each child with special needs who is less than thirty-six (36) months of age is consistent with that child's Individual Family Services Plan (IFSP), and that the care of each child who is thirty-six (36) months of age or over is consistent with that child's Individual Education Plan (IEP). The Facility shall maintain a copy of the child's current IFSP or IEP on file at all times.

 

379.4The Facility shall maintain a written individualized care plan, in accordance with the child's IFSP or IEP, for each enrolled child with special needs. This plan shall address the following areas, as needed and appropriate for the child:

 

(a)Child development services to be provided by the Facility;

 

(b)Other services to be provided by or at the Facility;

 

(c)Special training or qualifications required of one or more staff members to properly care for the child in light of his or her special needs;

 

(d)Nutrition and feeding, including feeding schedule and special training or qualifications required of staff members who may feed the child;

 

(e)Administration of medication;

 

(f)Use and maintenance of medical equipment and/or adaptive devices;

 

(g)Toileting and personal hygiene;

 

(h)Procedures and instructions for medical emergencies;

 

(i)Procedures for other emergencies, including participation in emergency evacuation drills; and

 

(j)Transportation requirements.

 

379.5Before disclosing any information concerning the child to any person, including a licensed health care practitioner, who is not employed by the Facility, the Facility shall obtain written permission from the child's parent(s) or guardian(s).

 

379.6The Facility shall provide each child with special needs with:

 

(a)Developmentally appropriate toys and materials;

 

(b)Developmentally appropriate play equipment which meets the requirements of the Americans with Disabilities Act;

 

(c)Appropriate assistance and attention from staff members; and

 

(d)Reasonable accommodations to enable the child to participate in the activities of the Facility, including field trips.

 

379.7If health services or therapeutic services are provided at the Facility, the Facility shall ensure that these services are provided in accordance with the child's IFSP or IEP and by practitioners who are licensed or otherwise authorized by law to provide the applicable services in the District of Columbia.

 

source

Final Rulemaking published at 54 DCR 003793 (April 27, 2007).