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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 5. EDUCATION |
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SubTilte 5-E. ORIGINAL TITLE 5 |
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Chapter 5-E30. SPECIAL EDUCATION |
Section 5-E3003. INDIVIDUALIZED EDUCATION PROGRAM (IEP) TEAM
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3003.1The IEP team for each child with a disability shall include:
(a)The parents of the child;
(b)At least one regular education teacher of the child, if the child is or may be participating in the regular education environment, or if the child is being evaluated for SLD;
(c)At least one special education teacher, or, if appropriate, at least one special education provider of the child;
(d)A representative of the LEA who is:
(1)Qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities, and
(2)Knowledgeable about the general curriculum and about the availability of resources of the LEA;
(e)An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in §§ (a) through (d) of this section, or for a child being evaluated for SLD, a person qualified to conduct individual diagnostic evaluations;
(f)Other individuals, at the discretion of the parent or the LEA, who have knowledge or special expertise regarding the child, including related services personnel, if appropriate; and
(g)The child, if appropriate.
Nothing in this section shall preclude the LEA from designating an advocate to assist the parent as a member of the team, with the consent of the parent.
3003.2If a child does not have a regular teacher, the regular educator described in § 3003.1(b) shall be an individual qualified to teach a child of the child's age.
3003.3When the purpose of the IEP meeting is to evaluate a child and/or determine his or her eligibility for special education services, the IEP team shall include qualified individual(s) with appropriate credentials and expertise to conduct evaluations in the area(s) of the child's suspected disability.
3003.4When a purpose of the IEP meeting is to consider transition services:
(a)The IEP team shall invite:
(1)The child; and
(2)A representative of any other agency that is likely to be responsible for providing or paying for transition services.
(b)If the child does not attend the meeting, the LEA shall take other steps to ensure that the child's preferences and interests are considered.
(c)If an invited representative of a participating agency does not attend the meeting, the LEA shall take other steps to obtain the involvement of the agency in the planning of transition services.
3003.5As a member of the IEP team, a regular education teacher of the child shall, to the extent appropriate, participate in the development of the child's IEP. Participation includes assisting in the determination of:
(a)Appropriate positive behavioral interventions and strategies for the child; and
(b)Supplementary aids and services, program modifications, or supports for school personnel, in accordance with § 3009.1(d).
3003.6Parental Participation
(a)The LEA shall take the steps set out in subsections (b) through (h) of this section to ensure that one or both of the parents of the child with a disability are present or are afforded an opportunity to attend and participate at all meetings of the IEP team.
(b)The parent of a child with a disability shall be provided with notice early enough to ensure that he or she will have an opportunity to attend the meeting.
(c)Efforts to obtain the participation of the parent include:
(1)Scheduling the IEP meeting at a mutually agreed upon time and place; and
(2)Indicating, as part of the written notice:
(i)The purpose, time, date, and location of the meeting;
(ii)Who will be in attendance; and
(iii)That parents may bring other individuals to participate on the IEP team who have knowledge or special expertise regarding the child.
(d)For a child with a disability who is fourteen years old, or younger if appropriate, the written notice shall indicate that:
(1)a purpose of the meeting will be the development of a statement of the transition services needs of the child; and
(2)the LEA will invite the child.
(e)For a child with a disability who is sixteen years old, or younger if appropriate, the written notice shall:
(1)include the information in paragraph (d) above;
(2)indicate that a purpose of the meeting will be the development of a statement of the transition services needed by the child; and
(3)identify any other agencies that will be invited to send a representative.
(f)If neither parent can attend, the LEA shall use other methods to ensure parent participation, including individual or conference telephone calls.
(g)A meeting may be conducted without a parent in attendance if the LEA:
(1)Is unable to convince the parent to attend and the LEA has a record of its attempts to arrange a mutually agreed on time and place, such as:
(i)Detailed records of telephone calls made or attempted and the results of those attempts;
(ii)Copies of correspondence sent to the parent and any responses received; or
(iii)Detailed records of visits made to the parent's home or place of employment and the results of those visits.
(h)The LEA shall take whatever action is necessary to ensure that the parent understands the proceedings at a meeting, including arranging for an interpreter for a parent with deafness or whose native language is other than English and providing material and/or handouts in the parent's native language where available.
(i)The LEA shall provide a copy of the IEP to the parent at no cost to the parent.
3003.7The determination of the knowledge or special expertise of any individual described in Section 3003.1(f) of this section shall be made by the party (parent or LEA) who invited the individual to be a member of the IEP team.