Section 5-E3034. TRANSFER OF RIGHTS: GENERAL PROVISIONS AND SUPPORTIVE DECISION-MAKING

 

3034.1In accordance with D.C. Official Code § 46–101 and IDEA, a child with a disability (“student”) who has reached the age of eighteen (18) shall be presumed to be competent, and all rights under IDEA and local law governing the delivery of special education and related services shall transfer to the child with a disability (“student”), unless one of the exceptions in Subsection 3035.1 is met.

 

3034.2Any student who has reached eighteen (18) years of age and to whom all rights afforded parents under IDEA have transferred, may voluntarily choose to receive support from his or her parents, family members, or other willing adults to aid the student with educational decision-making. The student’s decisional choice shall prevail any time that a disagreement exists between the student and the other adult providing support in this manner and the student may withdraw his or her decision to receive support at any time.

 

3034.3Supported decision-making arrangements shall be documented in writing and include the name, contact information, relationship to the student, and the extent to which the student grants the identified adult access to his or her education records pursuant to District and federal law. The student may change this arrangement and/or revoke access to education records at any time. 

 

 

authority

Sections 3(b)(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)(11) and (15) (2012 Repl. & 2015 Supp.)); and Section 301 of the Special Education Procedural Protections Expansion Act of 2014 (the “Act”), effective March 10, 2015 (D.C. Law 20-194, D.C. Official Code § 38-2573.01) (2012 Repl. & 2016 Supp.)).

source

Final Rulemaking published at 63 DCR 9089 (July 1, 2016).