Section 5-E3010. IEP IN EFFECT

 

3010.1An IEP must be in effect before special education and related services are provided to a child with a disability, including children with disabilities placed in or referred to a nonpublic school by the LEA; provided, that an eligible child may be placed in a special education program temporarily, for the purposes of assessment, before the IEP is finalized.

 

3010.2The LEA shall implement an IEP as soon as possible after the meeting where the IEP is developed or revised.

 

3010.3The LEA shall ensure that the child's IEP is accessible to each regular education teacher, special education teacher, related service provider, and other service provider who is responsible for its implementation.

 

3010.4The LEA shall ensure that each teacher and provider described in § 3010.3 of this section is informed of:

 

(a)His or her specific responsibilities related to implementing the child's IEP; and

 

(b)The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

 

3010.5In the case of a child with a disability aged three through five, an Individualized Family Service Plan (IFSP) that contains the material described in § 636 of the Act and that is developed in accordance with applicable Federal regulations may serve as the IEP of the child if using that plan is agreed to by the LEA and the child's parents.

 

3010.6In implementing the requirements of § 3010.5 above, the LEA shall:

 

(a)Provide to the child's parents a detailed explanation of the differences between an IFSP and an IEP; and

 

(b)If the parents choose an IFSP, obtain written informed consent from the parents.

 

source

Final Rulemaking published at 30 DCR 2972, 2978 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003).