D.C. Mun. Regs. tit. 5, r. 5-A3007

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 5-A3007 - REEVALUATION

3007.1

The LEA shall conduct a reevaluation of each child with a disability to determine continued eligibility for special education in accordance with the requirements of this chapter at least once every three (3) years, unless the parent and LEA agree that a reevaluation is unnecessary, or if:

(a) The LEA determines that the child's educational or related service needs, including improved academic achievement and functional performance, warrant a reevaluation; or

(b) The child's parent or teacher requests a reevaluation.

3007.2

A reevaluation may occur not more than once a year, unless the parent and the LEA agree otherwise in writing.

3007.3

A reevaluation shall be conducted in accordance with the evaluation procedures described in Section 3006.

3007.4

The LEA shall respond to a parent's request for a reevaluation within ten (10) business days by:

(a) Beginning reasonable efforts to obtain parental consent to reevaluate and providing prior written notice pursuant to Section 3032 proposing to proceed with the requested reevaluation; or

(b) Providing prior written notice pursuant to Section 3032 refusing to proceed with the requested reevaluation.

3007.5

In the event that the LEA and parent agree to a reevaluation prior to the triennial evaluation pursuant to Section 3007.1, the LEA shall complete a reevaluation and make an eligibility determination, if appropriate, for a child within sixty (60) days from the date of parental consent for the reevaluation.

3007.6

The LEA shall make and document all reasonable efforts, as defined in this chapter, to obtain informed parental consent prior to conducting a reevaluation of a child with a disability.

3007.7

The LEA may proceed with a reevaluation without obtaining informed parental consent if the LEA demonstrates:

(a) It made reasonable efforts, as defined in this chapter, to obtain parental consent; and

(b) The child's parent failed to respond.

3007.8

If the parent refuses to consent to the reevaluation, the LEA may, but is not required to, pursue the reevaluation through mediation or due process procedures consistent with this chapter.

D.C. Mun. Regs. tit. 5, r. 5-A3007

Final Rulemaking published at 69 DCR 5902 7/1/2022