D.C. Mun. Regs. tit. 5, r. 5-A3102

Current through Register 71, No. 45, November 7, 2024

Rule 5-A3102 - EVALUATION OF THE CHILD

3102.1

The Lead Agency shall ensure that, subject to obtaining parental consent in accordance with 34 C.F.R. § 303.420(a)(2), each child under the age of three (3) who is referred for evaluation or early intervention services under Part C of IDEA and suspected of having a disability, receives a timely, comprehensive, multidisciplinary evaluation of the child in accordance with 34 C.F.R. § 303.321.

3102.2

In accordance with 34 C.F.R. § 303.321(a)(2)(i), evaluation means the procedures used by qualified personnel to determine a child's initial and continuing eligibility under Part C of IDEA, consistent with the definition of infant or toddler with a disability in 34 C.F.R. § 303.21 and § 3108. An initial evaluation refers to the child's evaluation to determine his or her initial eligibility under Part C of IDEA.

3102.3

In accordance with 34 C.F.R. § 303.321(b), no single procedure shall be used as the sole criterion for determining an infant or toddler's eligibility for services under Part C of IDEA.

3102.4

In accordance with 34 C.F.R. § 303.321(b), the evaluation for an infant or toddler must include the following procedures:

(a) Administering an evaluation instrument;

(b) Taking the infant or toddler's history (including interviewing the parent(s));

(c) Identifying the infant or toddler's level of functioning in each of the following developmental areas:

(1) Cognitive development;

(2) Physical development, including vision and hearing;

(3) Communication development;

(4) Social or emotional development; and

(5) Adaptive development.

(d) Gathering information from other sources such as family members, other care-givers, medical providers, social workers, and educators, if necessary, to understand the full scope of the child's unique strengths and needs; and

(e) Reviewing medical, educational, or other records.

3102.5

An infant or toddler's medical and other records may be used to establish eligibility (without conducting an evaluation of the child) in accordance with 34 C.F.R. § 303.321 if those records indicate that the child's level of functioning in one (1) or more of the developmental areas identified in 34 C.F.R. § 303.21(a)(1) constitutes a developmental delay or that the child otherwise meets the criteria for an infant or toddler with a disability under 34 C.F.R. § 303.21 and § 3108. If the child's Part C eligibility is established under this section, the Lead Agency or Early Intervention Service provider (EIS provider) must conduct assessments of the child and family in accordance with 34 C.F.R. § 303.321 and § 3103.

3102.6

If, based on the evaluation conducted under 34 C.F.R. § 303.321, the Lead Agency determines that a child is not eligible under Part C of IDEA, the Lead Agency must provide the parent with prior written notice required in 34 C.F.R. § 303.421 and include in the notice information about the parent's right to dispute the eligibility determination through dispute resolution mechanisms under 34 C.F.R. § 303.430 and § 3111, such as requesting a due process hearing or mediation or filing a state complaint.

D.C. Mun. Regs. tit. 5, r. 5-A3102

Final Rulemaking published at 60 DCR 5614 (April 12, 2013)

Authority: Section 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code § 7-863.04 (2008 Repl.)); Part C of the Individuals with Disabilities Education Improvement Act of 2004, approved December 3, 2004 ( P.L. 108-446, 118 Stat. 2648; 20 U.S.C. §§ 1400 - 1482); and Mayor's Order 2009-167, dated September 28, 2009.