D.C. Mun. Regs. tit. 5, r. 5-A3035

Current through Register Vol. 71, No. 43, October 25, 2024
Rule 5-A3035 - TRANSFER OF RIGHTS: GENERAL PROVISIONS AND SUPPORTED DECISION-MAKING
3035.1

In accordance with D.C. Official Code § 46-101 and IDEA, a child with a disability (or 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 student, unless one (1) of the exceptions in Section 3036.1 is met.

3035.2

Any 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.

3035.3

Supported 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, revoke access, or both, to education records at any time.

D.C. Mun. Regs. tit. 5, r. 5-A3035

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