D.C. Mun. Regs. tit. 5, r. 5-A3107

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

Rule 5-A3107 - POST-REFERRAL TIMELINE

3107.1

Except as provided in 34 C.F.R. § 303.310(b) and Subsection 3107.2, the initial evaluation and the initial assessments of the child and family under 34 C.F.R. § 303.321 and §§ 3102 and 3103 and the initial IFSP meeting under 34 C.F.R. § 303.342 must all be completed within forty-five (45) days from the date the Lead Agency receives the referral of the child.

3107.2

Subject to 34 C.F.R. § 303.310(c) and Subsection 3107.3, the 45-day timeline described in 34 C.F.R. § 303.310(a) and Subsection 3107.1 shall be extended to adjust for any period of time when:

(a) The child or parent is unavailable to complete the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due to exceptional family circumstances that are documented in the child's early intervention records; or

(b) The parent has not provided consent for the initial evaluation or the initial assessment of the child, despite documented, repeated attempts by the Lead Agency or EIS provider to obtain parental consent.

3107.3

The Lead Agency ensures that in the event the circumstances described in 34 C.F.R. §§ 303.310(b)(1) or (b)(2) and Subsection 3107.2 exist, the Lead Agency or the EIS provider must:

(a) Document in the child's early intervention records the exceptional family circumstances or repeated attempts by the Lead Agency or the EIS provider to obtain parental consent;

(b) Complete the initial evaluation, the initial assessments (of the child and family), and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described 34 C.F.R. § 303.310(b)(1) no longer exist or parental consent is obtained for the initial evaluation and the initial assessment of the child; and

(c) Develop and implement an interim IFSP, to the extent appropriate and consistent with 34 C.F.R. § 303.345.

3107.4

The initial family assessment must be conducted within the forty-five (45) day timeline in 34 C.F.R. § 303.310(a) and Subsection 3107.1 if the parent concurs and even if other family members are unavailable.

D.C. Mun. Regs. tit. 5, r. 5-A3107

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

Authority: Section 3(b) of the State Education Office Establishment Act of 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(11) (2012 Supp.)); pursuant to 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.