D.C. Mun. Regs. tit. 5, r. 5-A3028

Current through Register Vol. 71, No. 43, October 25, 2024
Rule 5-A3028 - EXIT FROM SPECIAL EDUCATION
3028.1

The LEA is responsible for developing and implementing a child's IEP, including all associated procedural and documentation requirements, until:

(a) The child is determined to no longer be a child with a disability;
(b) The child receives a regular high school diploma; or
(c) The end of the school year in which the child turns twenty-two (22) years of age.
3028.2

The LEA shall evaluate a child with a disability in accordance with this chapter before determining that the child is no longer a child with a disability, except that an evaluation is not required if the child's entitlement to receive special education services is terminated due to the child receiving a regular high school diploma or due to the child exceeding twenty-two (22) years of age.

3028.3

The LEA shall provide the parent, or child if over eighteen (18) years old and to whom educational rights have transferred, with prior written notice of the discontinuation of special education services as follows:

(a) The prior written notice shall be provided:
(1) Prior to the completion of the last semester of school in which the child with an IEP is expected to obtain a regular high school diploma; or
(2) Prior to the completion of the school year in which the child turned twenty-two (22) years old; and
(b) The prior written notice shall clearly state that the child will no longer be entitled to receive special education and related services from the LEA.
3028.4

The LEA shall continue to make available special education and related services to a child with a disability who has not earned a regular high school diploma in accordance with the child's IEP, until the end of the school year in which the child turns twenty-two (22) years old.

3028.5

The LEA shall provide the child with a summary of performance at no cost, in accordance with this section, no later than sixty (60) calendar days prior to termination of the child's special education and related services due to obtaining a regular high school diploma or completion of the school year in which the child turns twenty-two (22) years old.

3028.6

The summary of performance required in this section shall include:

(a) A summary of the child's academic achievement,
(b) A summary of the child's functional performance; and
(c) Recommendations on how to assist the child in meeting the child's postsecondary goals.

D.C. Mun. Regs. tit. 5, r. 5-A3028

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