Section 5-E3002. LEA RESPONSIBILITY  


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    3002.1Provision of FAPE

     

    (a)The LEA shall make a free appropriate public education (FAPE) available to each child with a disability, ages three to twenty-two, who resides in, or is a ward of, the District.

     

    (b)A child with a disability found by the LEA to be eligible for special education and related services shall remain eligible through the end of the semester he or she turns twenty-two.

     

    (c)If a child with a disability turns twenty-two during the summer, he or she shall be ineligible for further special education and related services under this chapter.

     

    (d)The LEA shall ensure that procedures are implemented to identify, locate, and evaluate all children with disabilities residing in the District who are in need of special education and related services, including children with disabilities attending private schools, regardless of the nature or severity of their disabilities.

     

    (e)The LEA shall ensure that, beginning at age three, FAPE is available to any child with a disability who needs special education and related services, including children who are suspended or expelled, and highly mobile children, such as migrant or homeless children, even if they are advancing from grade to grade.

     

    (f)The services provided to the child must address all of the child's identified special education and related services needs and must be based on the child's unique needs and not on the child's disability.

     

    (g)When a child with a disability can receive FAPE in his or her local school without transportation, the LEA is not required to provide transportation to an alternative placement unilaterally selected by the child, parent or guardian.

     

    (h)Section 2510--(Proposed Discipline of a Student with Disability) Title V provides for discipline of students including students with disabilities.

     

    3002.2Provision of FAPE Not Required

     

    (a)The LEA shall not be obligated to provide FAPE to a child with a disability aged eighteen to twenty-two who, in the last educational placement prior to incarceration in an adult correctional facility:

     

    (1)Was not actually identified as being a child with a disability under § 3004 of this chapter; and

     

    (2)Did not have an IEP under § 3007 of this chapter.

     

    (b)The exception in subsection (a) above does not apply to a child with disability, aged eighteen to twenty-two, who:

     

    (1)Had been identified as a child with a disability and had received services in accordance with an IEP, but who left school prior to his or her incarceration; or

     

    (2)Did not have an IEP in his or her last educational setting, but who had actually been identified as a "child with a disability" under Section 3001 of this chapter.

     

    (c)The LEA shall not be obligated to provide FAPE to children with disabilities who have graduated from high school with a regular high school diploma. This provision does not apply to children with disabilities who have graduated, but who have not been awarded a regular high school diploma.

     

    3002.3Individualized Education Programs

     

    (a)The LEA shall ensure that procedures are in place to identify, locate and evaluate children with disabilities residing in the District or children who are wards of the District.

     

    (b)The LEA shall ensure that an IEP team is available to fulfill IEP team responsibilities as required by this chapter.

     

    (c)The LEA shall ensure that an IEP is developed and implemented for each eligible child with a disability served by the LEA.

     

    (d)The LEA shall ensure that special education and related services are provided to an eligible child with a disability in accordance with the child's IEP.

     

    (e)The LEA shall ensure that the IEP team reviews and revises, as appropriate, but no less than annually, the IEP of each child with a disability.

     

    (f)The LEA shall make a good faith effort to assist the child to achieve the goals and objectives or benchmarks listed in the IEP.

     

    3002.4Procedural Safeguards

     

    (a) The LEA shall maintain and implement procedural safeguards as required by this chapter.

     

    3002.5

    (a)DCPS and all public charter schools shall count the number of children with disabilities receiving special education and related services annually on October 5 or the date set for the annual pupil count required by D.C. Official Code § 38-2906. 

     

    (b)DCPS and public charter schools that have not elected DCPS to serve as the public charter school’s LEA for special education purposes shall report the count to OSSE each year and provide the information required by the Section 618 of the Individuals with Disabilities Education Act, approved December 3, 2004 (118 Stat. 2738; 20 U.S.C. § 1418) (“IDEA”) and its implementing regulations (34 CFR §§ 300.640 through 300.644), in accordance with a timeline specified by OSSE, and shall certify to OSSE that an unduplicated and accurate count has been made.

     

    (c)A public charter school that has elected DCPS to serve as its LEA for special education purposes shall report its count to DCPS and provide to DCPS the information required by Section 618 of the IDEA and its implementing regulations (34 C.F.R. §§ 300.640 through 300.644), in accordance with a timeline specified by OSSE, and shall certify to DCPS that an unduplicated and accurate count has been made.

     

authority

Section 3(b) of the District of Columbia State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(11) (2012 Repl. & 2013 Supp.)); Section 107(d) of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification Amendment Act of 1998, effective March 26, 1999, as amended (D.C. Law 12-207; D.C. Official Code § 38-2906 (2012 Repl.)); Section 2002 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (Pub. L. 104-134, 110 Stat. 1321; D.C. Official Code § 38-1802.02(19) (2012 Repl.)); and Section 618 of the Individuals with Disabilities Education Act, approved December 3, 2004 (118 Stat. 2738; 20 U.S.C. § 1418) (“IDEA”), and its implementing regulations (34 C.F.R. §§ 300.640 through 300.644).

source

Final Rulemaking published at 30 DCR 2972, 2973 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final Rulemaking published at 52 DCR 10559 (December 2, 2005); as amended by Final Rulemaking published at 61 DCR 2106 (March 14, 2014).