Section 5-E3036. TRANSFER OF RIGHTS: NOTICE

 

3036.1No later than one (1) year before a child with a disability (“student”) reaches eighteen (18) years of age, the LEA or responsible public agency shall notify the parents and student, in writing, that adult students with disabilities are presumed competent, and that all rights under IDEA will transfer to the student when he or she reaches eighteen (18) years of age, unless the student or parent pursues one of the exceptions described in Subsection 3035.1. The notice shall also describe the supported decision-making provisions of this section and the necessary procedures to pursue the exceptions described in Section 3035 related to educational decisions.

 

 

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).