Section 5-E3009. INDIVIDUALIZED EDUCATION PROGRAM CONTENT

 

3009.1The IEP for a child with a disability shall include:

 

(a)A description of the child's present levels of academic achievement and functional performance, including how the child's disability affects the child's involvement and progress in the general education curriculum (the same curriculum as for non-disabled children), and for children with disabilities who take alternate assessments aligned to alternate achievement standards, a description of benchmarks or short-term objectives;

 

(b)For preschool children, as appropriate, a description of how the disability affects the child's participation in appropriate activities;

 

(c)A statement of measurable annual goals, including academic and functional goals, designed to:

 

(1)Meet the child's needs that result from the child's disability to enable the child to be involved in and make progress in the general education curriculum; and

 

(2)Meet each of the child's other educational needs that result from the child's disability;

 

(d)A statement of the special education and related services and supplementary aids and services, based on peer-reviewed research to the extent practicable, to be provided to the child, or on behalf of the child, and a statement of the program modifications or support for school personnel that will be provided for the child:

 

(1)To advance appropriately toward attaining the annual goal;

 

(2)To be involved and make progress in the general education curriculum in accordance with § 3011.1 of this chapter and to participate in extracurricular and other nonacademic activities; and

 

(3)To be educated and participate with other children with disabilities and non-disabled children in the activities described in this section;

 

(e)An explanation of the extent, if any, to which the child will not participate with non-disabled children in the general education class and in the activities described in paragraph (d) of this subsection;

 

(f)A statement of any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the child on State and district wide assessments consistent with the guidelines established for alternate assessments;

 

(g)If the IEP Team determines that the child shall take an alternate assessment on a particular District-wide assessment of student achievement, a statement by the team of:

 

(1)Why the child cannot participate in the regular assessment; and

 

(2)How the particular alternate assessment selected is appropriate for the child;

 

(h)The projected date for the beginning of the service and modifications described in paragraph (d) of this section and the anticipated frequency, location, and duration of those services and modifications;

 

(i)A statement of how the child's progress toward the annual goals will be measured and how the child's parent will be regularly informed (through such means as periodic report cards), at least as often as parents are informed of their non-disabled child's progress, of:

 

(1) The child's progress toward annual goals; and

 

(2) The extent to which that progress is sufficient to enable the child to achieve the goals by the end of the year.

 

3009.2The LEA does not guarantee achievement of the goals of the IEP.

 

3009.3Before Subsection 3009.6 takes effect, the IEP for a child with a disability, beginning not later than the first IEP to be in effect when the child is sixteen (16), and updated annually thereafter, shall include appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills and the transition services (including courses of study) needed to assist the child in reaching those goals.

 

3009.4Before Subsection 3009.6 takes effect, for each child beginning at age sixteen (16) or younger if determined appropriate by the IEP team, the IEP shall include a statement of needed transition services including, if appropriate, a statement of inter-agency responsibilities or any needed linkages, or both, before the child leaves the school setting.

 

3009.5Before Subsection 3009.6 takes effect, if the IEP team determines that transition services are not needed, the IEP shall include a statement to that effect and the basis upon which the determination was made.

 

3009.6Beginning July 1, 2016, or upon the inclusion of the fiscal effect of this subsection in an approved budget and financial plan as certified by the District of Columbia Chief Financial Officer and published in the District of Columbia Register, whichever occurs later, the first IEP in effect after a child with a disability reaches fourteen (14) years of age shall include transition assessments and services, including:

 

(a)Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills and the transition services needed to assist the child in reaching those goals;

 

(b)A statement of inter-agency responsibilities or any needed linkages before the child leaves the school setting; and

 

(c)If the IEP team determines that transition services are not needed, the IEP shall include a statement to that effect and the basis upon which the determination was made.

 

3009.7The requirements set out in Subsections 3009.3 and 3009.6 above shall not apply to children with disabilities who are convicted as adults under District or state law and incarcerated in adult prisons whose eligibility under Part B of IDEA will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

 

3009.8Not later than one year before a child with a disability’s anticipated high school graduation or attainment of a certificate of IEP completion, the IEP team shall identify which adult services might be appropriate for the child and, in consultation with the appropriate District of Columbia agency when feasible, what evaluations should occur to determine the child’s eligibility for those services; provided, that nothing in this section shall be construed to impose any obligation on an LEA to conduct evaluations to determine eligibility for adult services.

 

3009.9Beginning at least one (1) year before a child with a disability reaches the age of eighteen (18) his or her IEP must include a statement that the child has been informed of his or her rights under Part B of the Act that will transfer to the child on reaching the age of eighteen (18), unless the child has been determined to be incompetent under District law or the child has been certified as unable to provide informed consent pursuant to § 3023.

 

 

authority

Sections 3(b)(7), (8), (11), and (15) 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)(7), (8), (11) and (15) (2012 Repl. & 2014 Supp.)); the Special Education Quality Improvement Act of 2014, effective March 10, 2015 (D.C. Law 20-196; 61 DCR 12425 (December 5, 2014)); Section 101(b) of the Enhanced Special Education Services Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-195; 61 DCR 12419 (December 5, 2014)); and the Special Education Student Rights Act of 2014, effective March 10, 2015 (D.C. Law 20-194; 61 DCR 12411 (December 5, 2014)).

source

Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 52 DCR 10562 (December 2, 2005); as amended by Final Rulemaking published at 62 DCR 12997 (October 2, 2015).