D.C. Mun. Regs. tit. 5, r. 5-A3033

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

Rule 5-A3033 - PROCEDURAL SAFEGUARDS

3033.1

Each LEA shall establish, maintain, and implement procedural safeguards that meet the requirements of IDEA and this chapter, or adopt the procedural safeguards established by the State.

3033.2

The LEA shall provide a copy of the procedural safeguards notice to the parent of a child with a disability:

(a) At least one (1) time per school year; and

(b) In a manner that meets the requirements of Section 3032.3.

3033.3

The procedural safeguards notice shall include a full explanation of all of the procedural safeguards available under IDEA and this chapter relating to:

(a) Independent educational evaluations;

(b) Prior written notice;

(c) Parental consent;

(d) Access to education records;

(e) Opportunity to present and resolve complaints through the due process complaint and state complaint procedures, including:

(1) The time period in which to file a complaint;

(2) The opportunity for the agency to resolve the complaint; and

(3) The difference between the due process complaint and the state complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;

(f) The availability of mediation;

(g) The child's placement during the pendency of any due process complaint;

(h) Procedures for children who are subject to placement in an interim alternative educational setting;

(i) Requirements for unilateral placement by parents of children in private schools at public expense;

(j) Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;

(k) State-level appeals, if applicable;

(l) Civil actions, including the time period in which to file those actions;

(m) Attorney fees; and

(n) Expert fees, consistent with Section 3054.

3033.4

The LEA shall also provide a copy of the procedural safeguard notice to the parent under each of the following circumstances:

(a) Upon receipt of initial referral or parent request for evaluation;

(b) Upon receipt of the first complaint and upon receipt of the first due process complaint in a school year;

(c) In accordance with the discipline procedures in Section 3043; and

(d) Upon request by a parent.

3033.5

The LEA may place a current copy of the procedural safeguards notice on its website.

D.C. Mun. Regs. tit. 5, r. 5-A3033

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