Section 5-A159. REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY CARING FOR CHILDREN WITH SPECIAL NEEDS

 

159.1 A Licensee shall make reasonable efforts to determine if any child under its care is a child with a disability, as defined by the Individuals with Disabilities Education Act, (Pub.L 101-476; 20 U.S.C. §§ 1400 et seq.), with an Individualized Family Service Plan (IFSP), and be aware of any obligations that the Licensee may have pursuant to the IFSP.

 

159.2 If a Licensee is provided with a copy of the IFSP as a member of the IFSP team or if the child’s parent has provided the IFSP or provided written consent to release the IFSP to the Licensee, the Licensee shall maintain a copy of the child’s current IFSP on file at all times during the student’s enrollment at the facility.

 

159.3 A Licensee shall provide a child’s IFSP service coordinator or service provider access to the Facility in order to provide services pursuant to the child’s IFSP.

 

159.4 If the child’s IFSP is implemented while in the care of the Licensee, the Licensee shall work with the child’s IFSP service coordinator or service provider to develop a plan for incorporating the IFSP goals and strategies into the child’s daily routine at the Facility.

 

159.5 When disclosing any information concerning a child with an IFSP plan to any person, including a licensed health care practitioner, who is not employed by the Facility, the Licensee shall comply with privacy and disclosure requirements under Federal and local IDEA laws and regulations, including, but not limited to, any requirement to obtain written consent from the child’s parent or guardian before making any disclosure.

 

159.6 A Licensee shall make reasonable efforts to determine if any child under its care is a child with any disability and be aware of the Licensee’s obligations to provide any accommodations required by law.

 

159.7 A Licensee shall provide each child with a disability with:

 

(a) Developmentally appropriate toys and materials;

 

(b) Developmentally appropriate play equipment which meets the requirements of the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.;

 

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

 

(d) Reasonable accommodations to enable the child to participate in all services and activities provided by the Facility to children without a disability, including field trips.

 

 

authority

Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) 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)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).