2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 26 - Office of the State Superintendent of Education › § 38–2614. Special education

§ 38–2614. Special education.
(a)(1) Beginning July 1, 2018, the first IEP in effect after a child with a disability reaches 14 years of age shall include transition assessments and services, including:
(A) Appropriate measurable postsecondary goals based upon age- appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills and the transition services needed to assist the child in reaching those goals;
(B) A statement of inter-agency responsibilities or any needed linkages before the child leaves the school setting; and
(C) If the IEP team determines that transition services are not needed, a statement to that effect and the basis upon which the determination was made.
(2) Not later than one year before a child with a disability’s anticipated high school graduation or attainment of a certificate of IEP completion, the IEP team shall identify which adult services might be appropriate for the child and what evaluations should occur to determine the child’s eligibility for those services; provided, that nothing in this section shall be construed to impose any obligation on an LEA to conduct evaluations to determine eligibility for adult services.
(3) Beginning July 1, 2018, a child shall be eligible for Part C of IDEA if the child is otherwise an eligible infant or toddler with a disability and the child demonstrates a delay of at least 25%, using appropriate diagnostic instruments and procedures, in one of the following developmental areas:
(A) Physical development, including vision or hearing;
(B) Cognitive development;
(C) Communication development;
(D) Social or emotional development; or
(E) Adaptive development.
(b) By October 1, 2015, OSSE shall issue:
(1) Rules to implement the provisions of this section; and
(2) A report that includes recommendations on the advisability, timing, and expected cost to:
(A) Further expand eligibility for early intervention or early childhood services to include any subset of infants or toddlers who are at risk of experiencing developmental delays because of the additional biological or environmental factors as described in 34 C.F.R. § 303.5; and
(B) Expand eligibility for special education services by matching the definition of developmental delay of Part B of IDEA, defined in section 5-E3001 of Title 5 of the District of Columbia Municipal Regulations, and the definition of developmental delay under Part C of IDEA, defined in section 5-A3108.3 of Title 5 of the District of Columbia Municipal Regulations.
(c) Repealed.
(Oct. 21, 2000, D.C. Law 13-176, § 7h; as added Mar. 10, 2015, D.C. Law 20-195, § 102(b), 61 DCR 12419; Oct. 30, 2018, D.C. Law 22-168, § 7014, 65 DCR 9388.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 7014 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see § 7014 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 days) addition of this section, see § 2 of the Educator Evaluation Data Protection Emergency Amendment Act of 2015 (D.C. Act 21-35, Mar. 30, 2015, 62 DCR 4546, 21 DCSTAT 874).
Temporary Legislation
For temporary (225 days) addition of this section, see § 2 of the Educator Evaluation Data Protection Temporary Amendment Act of 2015 (D.C. Law 21-6, June 4, 2015, 62 DCR 4562).