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  • What is Special Education?

    Special education is education for students with disabilities that addresses the student’s individual needs. Generally, students who receive special education services participate in their school’s general curriculum as much as possible. To make this possible, students in special education also receive accommodations or resources that may aid and mold the general curriculum to their individual needs.  Special education is designed to help students with disabilities achieve a higher level of personal self-sufficiency and success in school and in the community than would be achieved if the student were only given access to a typical classroom education.

    Special education programs in D.C. are governed by both federal and district laws and regulations. In most instances,  the law of the District will mirror federal law. In others, it may provide greater or more specific protections than federal law. But in no circumstances may local provisions limit the protections offered under federal law.

    Under both federal and local law, school districts must provide each student with a disability with a free appropriate public education (FAPE). Individuals with Disabilities Education Act (IDEA), 20 United States Code (“U.S.C.”)  Sec. 1400 et seq.; D.C. Mun. Regs. tit. 5‑E, Sec. 3000.

    For an overview of the special education process in D.C., see Navigating the Special Education Process: A Guide to Special Education in the District of Columbia Public Schoolswww.dc.gov/downloads/SPECIAL%20EDUCATION/Navigating%20Special%20Ed/DCPS-OSE-Navigating-Special-Ed-May-29-2009.pdf.

  • Who is eligible for special education?

    Children with a qualifying disability who are in need of specialized educational services are eligible. These services are necessary for students to benefit from their education and they are entitled to receive special education and related services. Eligible disabilities include:

    • Autism;
    • Deaf-blindness;
    • Deafness;
    • Developmental delay;
    • Emotional disturbance;
    • Hearing impairment;
    • Mental retardation;
    • Multiple disabilities;
    • Orthopedic impairment;
    • Visual impairment,including blindness;
    • Traumatic brain injury;
    • Other healthimpairment;
    • Learning disability;and
    • Speech or language impairment. 20 U.S.C. Sec. 1401(3); 34 Code of Federal Regulations (“C.F.R.”) Sec. 300.8; D.C. Mun. Regs. tit. 5-E, Sec.3001.
  • Between what ages is a child eligible for special education?

    Generally, special education is available to all children with disabilities between the ages of 3 and 22 that live in or are a ward of the District.  A child with a disability is eligible for special education between the ages of 3 and 22, as long as she/he has not yet graduated from high school with a regular high school diploma. D.C. Mun. Regs. tit. 5-E, Sec.3002.

    A student between with ages of 18 and 22 who is incarcerated in an adult correctional facility may not be eligible for special education if she was not identified as being a child with a disability prior to incarceration. Id. 

  • When is a child with exceptional needs not considered to have a disability?

    A child is not considered a child with a disability if the determining factor in the child’s exceptional needs is a lack of appropriate instruction in reading, a lack of instruction in math, or limited English proficiency. 20 U.S.C. Sec. 1414(b)(5); 34 C.F.R. Sec. 300.306(b); D.C. Mun. Regs. tit. 5-E, Sec. 3006.6.

    Also, if a child is only having issues in the areas of social and/or emotional development she may not be classified as having “developmental delay,” and thus qualify as a child with a disability.  D.C. Mun. Regs. tit. 5-E, Sec.3001.1. 

    In addition, if a child has one of the disabilities listed, but only needs a related service and not special education, then the child is not considered a child with a disability.  

  • What services are available for children with exceptional needs in their early childhood?

    In D.C., young children between the ages of

    -2 years and nine 9months and

    – 5 years and 10 months

    that are developmentally delayed, or at risk of such delay, may qualify for early childhood services at Early Stages. Early Stages is a District of Columbia Public Schools program that helps identify and address developmental delays in children between the ages of 2 years 9months and 5 years 10 months. These services are free to all children who reside in the District. See About Early Stages, Early Stages (2011), http://www.earlystagesdc.org/about.

  • What type of education are children with a qualifying disability entitled to? What is a “free appropriate public education”?

    Under both federal and state law, school districts must provide each student with a disability with a free appropriate public education (FAPE). FAPE means special education and related services that

    • are provided at public expense and without charge,
    •  meet appropriate standards,
    • include preschool through secondary education,
    • and conform with an Individual Education Program (IEP). 20 U.S.C. Sec. 1401(9); 34 C.F.R. Sec. 300.17.

     Special education must be provided in the least restrictive environment (LRE). To the extent appropriate, all students with disabilities should be educated with students who are not disabled. 34 C.F.R. Sec. 300.114.

  • What is specially designed instruction in special education?

    Special education means specially designed instruction, at no cost to the parent, to meet the unique needs of a child with disabilities. Specially-designed instruction means changing the content, methods, or delivery of instruction in a classroom in a way that is appropriate to meet the needs that result from the disability of an eligible child. By providing this specially designed instruction, the access to the general curriculum and ability to meet the educational standards within the jurisdiction of the public agency are ensured. 34 C.F.R. Sec. 300.38(b)(3).

     D.C. law mirrors the federal law. According to D.C. law, a child’s IEP should include both academic and functional goals. In this way, the child can be involved in and make progress toward the general education curriculum, as well as meeting other educational needs that result from the child’s disability. D.C. Mun. Regs. tit. 5-E, Sec.3009.

  • In addition to a free appropriate public education, are there other services a child with a disability is entitled to? What are “related services”?

    In addition to being required to provide a free appropriate public education, school districts are required to provide “related services” at no cost to parents.

    These include:

    • transportation
    • developmental
    •  corrective
    •  and supportive services that are required to assist a child with a disability to benefit from special education.

     In D.C., related services include:

    • Speech-language pathology;
    • Audiology services;
    • Psychological services;
    • Physical and occupational therapy;
    • Recreation, including therapeutic recreation;
    • Early identification and assessment of disabilities in children;
    • Counseling services, including rehabilitation counseling;
    • Orientation and mobility services;
    • Medical services for diagnostic or evaluation purposes;
    • School health services;
    • Social work services in schools;
    • Parent counseling and training; and
    • Transportation.

    D.C. Mun. Regs. tit. 5-E, Sec.3001.1.

  • Who Provides Special Education?

    Generally, a state education agency and the local school district are both responsible for ensuring that appropriate special education services are given to a child with a disability.

    Despite the District’s unique status, it also has a state and local system. In D.C., services are typically provided by the District of Columbia Public Schools (DCPS), but they may also be provided by a public charter school, nonpublic special education school, private or residential program, or other facility.

    Each public charter school in D.C. must either have DCPS serve as its local education agency (LEA) for purposes of IDEA, or be an independent local education agency. D.C. Mun. Regs. tit. 5-E, Sec. 3019.3.

    If DCPS or other local facilities fail to ensure services, the Office of the State Superintendent of Education (OSSE) is ultimately responsible for providing special education services. OSSE has authority over all state special education functions in the District.  20 U.S.C. Sec. 1413(a)(1); 20 U.S.C. Sec. 1412(a)(11); 34 C.F.R. Sec. 300.149, D.C. Code Sec. 38-2601.

  • Where should a child receive his/her special education and related services? What is a “least restrictive environment”?

    Special education must be provided in a least restrictive environment. 20 U.S.C. Sec. 1412 (a)(5). This means, to the maximum extent appropriate, children with disabilities must be educated with their nondisabled peers. D.C. law makes clear that a child with a disability should not be removed from education in an age-appropriate regular classroom solely because of needed modifications in the general curriculum. D.C. Mun. Regs. tit. 5-E, Sec. 3013.4.

    A child with a disability must be educated in the school that the child would attend if not disabled, unless the child’s IEP requires another arrangement. D.C. Mun. Regs. tit. 5-E, Sec. 3013.2.

    Students with disabilities may be removed from the regular educational environment in only a limited number of instances.

    • Removal can occur when a disability is so severe that modifications, supplementary aids and services are no enough in the general education environment. 20 U.S.C. Sec. 1412 (a)(5)(A); 34 C.F.R. Sec. 300.114; D.C. Mun. Regs. tit. 5-E, Sec. 3011.1.
    • A child with a disability may be removed from a regular classroom if the child’s behavior is so disruptive that the education of other students in the regular classroom is significantly impaired. D.C. Mun. Regs. tit. 5-E, Sec. 3013.5. If this is the case, the local education agency will place the child in a suitable program within the District. D.C. Mun. Regs. tit. 5-E, Sec. 3013.6. Specialized education can be offered in the mainstream classroom, in a resource room, at home, or in hospitals or residential programs. 
  • How is a child determined to be eligible for special education?

    A child with a suspected disability who may need special education must be referred to an IEP team in writing. The referral must state why it is thought that the child may have a disability. The referral may be made by the child’s parent, or a person in a parental relationship; the child herself, if she is between the ages of eighteen and twenty-two or an emancipated minor who is eligible to attend a local education agency; a professional staff employee of the local education agency; or a staff member of a public agency who has direct knowledge of the child. D.C. Mun. Regs. tit. 5-E, Sec. 3004.1.

    If the child attends a D.C. public school, or is enrolling in a D.C. public school at the time the referral is made, the referral should be submitted by the child’s parent to the building principal of the child’s school on a form provided to the parent by the school. If the child does not attend a D.C. public school then the referral must be submitted to a site designated by the Superintendent, on a form provided to the parent by the site. The form for the referral will be provided at the parent’s request. D.C. Mun. Regs. tit. 5-E, Sec. 3004.1

  • Is there an assessment or evaluation?

    A full multidisciplinary and individual evaluation is conducted for each child being considered for special education and related services. The initial evaluation must be conducted within a reasonable time of receiving a written referral and parental consent. D.C. Mun. Regs. tit. 5-E, Sec. 3005.2.

    The child will be assessed in all areas related to the suspected disability, including:

    • academic performance,
    • health,
    • vision,
    • hearing,
    • social and emotional status,
    • general intelligence (including cognitive ability and adaptive behavior),
    • communicative status, and
    • motor abilities.

    No one assessment is determinative of eligibility or educational needs. D.C. Mun. Regs. tit. 5-E, Sec. 3005.9.

    The testing and assessment materials and procedures used to evaluate a child’s needs must be selected and administered in a way that is not racially or culturally discriminatory. Furthermore, unless it is clearly not possible to do so, the testing and assessment must be provided and administered in the child’s native language. D.C. Mun. Regs. tit. 5-E, Sec. 3005.8.

    The IEP team will receive an assessment report for each different procedure administered to the child. Each assessment report will contain a description of the child’s performance in the area tested, including specific strengths and weaknesses. The IEP team will consider all assessment reports in completing its evaluation of a child suspected of having a disability. D.C. Mun. Regs. tit. 5-E, Sec. 3006.3.

    It will then prepare a written evaluation report that includes:

    • information provided by the parents,
    • results of assessment procedures used as a basis for the eligibility decision,
    • a determination of whether the child is a child with a disability,
    • whether the child needs special education and related services, and
    • the signatures of IEP team members participating in the decision. D.C. Mun. Regs. tit. 5-E, Sec. 3006.5.

     The local education agency must provide the parent with a copy of the evaluation report and each assessment report, at no cost to the parent. D.C. Mun. Regs. tit. 5-E, Sec. 3006.7.

  • Can a child with a disability be reevaluated?

    A reevaluation of each child with a disability or child suspected of having a disability must be conducted at least once every 3 years. A reevaluation may be conducted more frequently if conditions arise where this is necessary, if the child’s parent or a teacher requests an reevaluation, or before determining a child is no longer a child with a disability. D.C. Mun. Regs. tit. 5-E, Sec. 3005.7.

  • What if the child’s parent disagrees with the IEP team’s evaluation?

    If the child’s parent disagrees with the IEP team’s evaluation, the parent can request an independent evaluation. The parent of a child with a disability has the right to obtain an independent educational evaluation at public expense.

    If the parent makes a request, the local education agency must:

    • either provide the parent with information about where an independent educational evaluation may be obtained and the applicable LEA criteria,
    • or the local education agency must begin a due process hearing to demonstrate that evaluation done by the local education agency evaluation is appropriate. D.C. Mun. Regs. tit. 5-E, Sec. 3027.3.

    If a parent decides to obtain an independent educational evaluation at private expense, the results of the private evaluation must be considered by the local education agency in any decision relating to the provision of FAPE to the child, provided the private evaluation meets the criteria of the local education agency. D.C. Mun. Regs. tit. 5-E, Sec. 3027.4.

  • Once a child is identified as being eligible for special education, what are the next steps? What is an “IEP” (Individualized Education Program)?

    Once it is determined that a child is eligible for special education, an Individualized Education Plan (frequently referred to as an “IEP”) is developed for that child. An IEP outlines in writing the educational program for the student.

    In D.C., an IEP team must meet and develop an IEP for a child with a disability within 30 days of a determination that a child needs special education and related services. D.C. Mun. Regs. tit. 5-E, Sec. 3007.1. In developing the IEP, the team considers the strengths of the child, concerns of the parent for enhancing the education of the child, results of the initial or most recent evaluation, and the results of the child’s performance on any District-wide assessment programs. D.C. Mun. Regs. tit. 5-E, Sec. 3007.2.

    The IEP must include:

    • The student’s present levels of academic and functional performance;
    • Measurable annual goals;
    • A description of how the child’s progress toward goals will be measured and reported;
    • Specific special education services to be provided to the child;
    • Extent to which the child will not participate with nondisabled children in regular education classes as well as extracurricular and nonacademic activities;
    • Anticipated duration, frequency, and location of services and modifications;
    • Statement of any individual accommodations necessary to measure academic achievement and functional performance on State and district wide assessments ;
    • Postsecondary goals and transition services for students 16 years or older.D.C. Mun. Regs. tit. 5-E, Sec. 3009.

    The local education agency must implement the IEP as soon as possible after the meeting where the IEP is developed or revised. D.C. Mun. Regs. tit. 5-E, Sec. 3010.2.

  • What options does a parent have if s/he disagrees with the proposed IEP placement or services? What are the procedures for due process or mediation?

    When there is a dispute about any matter related to the eligibility, identification, evaluation, educational placement, or provision of FAPE to a child with a disability, a parent of the child or the local education agency may request mediation or an impartial due process hearing.

    • Mediation

    Mediation is a voluntary and confidential process in which a trained, objective facilitator works with the parents and the school to reach an agreement. A parent may file for mediation only, or mediation plus due process. A request for mediation is voluntary on the part of the parties.

    The request must be made in writing to the Board of Education of the District of Columbia. The mediation should be held in a timely manner, and should be held in a location that is convenient to both parents and the school. D.C. Mun. Regs. tit. 5-E, Sec. 3028.6.

    It must be conducted by a qualified and impartial mediator who is trained in both effective mediation techniques and special education law. D.C. Mun. Regs. tit. 5-E, Sec. 3028.4. The mediation process is confidential and any discussions that occur during mediation may not be used as evidence in any subsequent due process hearings or civil proceedings. D.C. Mun. Regs. tit. 5-E, Sec. 3028.8.

    Furthermore, a request for mediation may not be used to deny or delay a parent’s right to due process. D.C. Mun. Regs. tit. 5-E, Sec. 3028.3. An agreement reached by the parties to the dispute in the mediation must be recorded in a written mediation agreement. D.C. Mun. Regs. tit. 5-E, Sec. 3028.7.

    • Due Process

    A request to initiate due process must be made in writing. The parent’s request for due process must include the child’s name and address, the name of the school the child is attending, a statement of the facts relating to the child’s problem, and a proposed resolution to the problem. D.C. Mun. Regs. tit. 5-E, Secs. 3029.1 and  3029.3. Once a due process hearing is requested, the Board of Education of the District of Columbia must inform the parent of the availability of mediation, as well as any other low cost alternative services available. D.C. Mun. Regs. tit. 5-E, Sec. 3029.4.

    • Informal resolution meeting

    In D.C., the parent and the local education agency must participate in an informal resolution meeting unless both parties agree to waive it. D.C. Mun. Regs. tit. 5-E, Sec. 3030.1 The meeting gives the parent the opportunity to discuss the complaint and the facts that form the basis of the complaint. It also gives the local education agency the opportunity to resolve the dispute without a hearing. D.C. Mun. Regs. tit. 5-E, Sec. 3030.1. The resolution session includes the parents, relevant members of the IEP team, and a representative of the local education agency  who has authority to make decisions on behalf of the local education agency. While a parent is entitled to bring a lawyer to the resolution meeting, the district may not bring an attorney if the parent does not. D.C. Mun. Regs. tit. 5-E, Sec. 3030.1.The resolution meeting must occur within 15 days of the parent’s complaint, and must be completed within 30 days.

    D.C. Mun. Regs. tit. 5-E, Sec. 3030.3.

    The time frame for completing the due process hearing does not include the informal resolution period. D.C. Mun. Regs. tit. 5‑E, Sec. 3030.4.

    If the local education agency fails to hold the resolution meeting within 15 days after receiving notice of a parent’s due process complaint, or if the local education agency does not participate in the meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline. D.C. Mun. Regs. tit. 5-E, Sec. 3030.7.

    If the parties reach an agreement at the resolution meeting, the agreement must be put in writing and signed by both the parent and a representative of the local education agency who has the authority to bind the local education agency. D.C. Mun. Regs. tit. 5-E, Sec. 3030.9. Both parties have 3 business days to revoke their agreement but in the event they do not, the agreement is binding and enforceable in state or federal court. D.C. Mun. Regs. tit. 5-E, Sec. 3030.10.

    The local education agency must provide the parent with certain information before the hearing, so that the parent is prepared for the hearing and is not taken by surprise. At least 5 business days before the hearing, each party must share with all other parties all evaluations completed by that date and recommendations based on those evaluations that the party intends to use at the hearing. D.C. Mun. Regs. tit. 5-E, Sec. 3031.2. Any evidence that has not been disclosed 5 business days before the hearing may be excluded from the hearing by the parent or a hearing officer. D.C. Mun. Regs. tit. 5-E, Sec. 3031.1 and 3031.3.  Also, the parent may be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the child. The parent may present evidence, and may request the presence of witnesses. D.C. Mun. Regs. tit. 5-E, Sec. 3031.1. A parent may also have the child who is the subject of the hearing present, and may open the hearing to the public. D.C. Mun. Regs. tit. 5-E, Sec. 3031.4.

    After the hearing, the parent is entitled to obtain a written or electronic word for word record of the hearing as well as a record of the findings of fact and decisions, at no lost to the parent. D.C. Mun. Regs. tit. 5-E, Sec. 3031.1. The local education agency must pay the parent’s reasonable attorneys’ fees if the parent of the child with a disability is the winning party. The local education agency will also reimburse the parent for expert fees in accordance with applicable law. D.C. Mun. Regs. tit. 5-E, Sec. 3032.1, Sec. 3032.2. All requests for attorneys’ fees should be submitted within 45 days that the hearing decision was given. D.C. Mun. Regs. tit. 5-E, Sec. 3032.4.

  • What happens to the child during a due process hearing?

    Once a complaint has been filed, the student is entitled to “stay put.” This means that the placement and services last agreed upon in the child’s latest IEP remain in effect until the complaint has been resolved. D.C. Mun. Regs. tit. 5-E, Sec. 3033.1. However, if the issue of the hearing involves the child’s application for initial admission to public school, the child, with the consent of the parent, will be placed in a public school program until the completion of all proceedings, unless the parent and the agency agree otherwise. D.C. Mun. Regs. tit. 5-E, Sec. 3033.2. 

  • Can a special education student be disciplined?

    Yes. Students with disabilities may be disciplined according to the disciplinary procedures applicable to all students. Whether a child with a disability is disciplined according to the school’s standard disciplinary procedures depends, in part, on whether the behavior of the child was a manifestation of the child’s disability. Furthermore, if DCPS begins disciplinary procedures with respect to a child with a disability, it must transmit the special education records of the child to the person making the final decision regarding the disciplinary action. D.C. Mun. Regs. tit. 5-E, Sec. 2510.2.

    State law follows federal law for most of the rules governing suspension and expulsion of special education students. Students with disabilities are subject to the same suspension rules as nondisabled students, except that suspensions of students with disabilities cannot exceed 10 consecutive days without a determination of whether the behavior was a manifestation, or resulted because of the child’s disability. Federal law allows for up to 10 consecutive days of suspension of special education students without any requirement of a manifestation determination, but for suspensions longer than 10 days, there must be a manifestation determination meeting. 20 U.S.C. Sec. 1415(k)(1)(B).

    Suspensions for more than 10 consecutive school days and expulsions are considered “changes of placement,” and schools cannot change special education students’ placements without parental consent, or without a manifestation determination meeting. Exceptions to this are certain behaviors that lead to suspension or expulsion such as where the student is involved with drugs, weapons or presents a danger to himself or others. 20 U.S.C. Sec. 1415(k)(1)(G). In such circumstances, the district may place the student in an interim alternative setting for up to 45 days. 20 U.S.C. Sec. 1415(k).

  • What is a manifestation determination meeting?

    A manifestation determination meeting is a meeting of the relevant members of the IEP team to determine whether a child with a disability may be expelled or have his placement changed for more than 10 consecutive school days for misconduct. It must be held within 10 days of the school’s decision to expel the student or change his placement.

     The team must consider two issues:

    1) was the behavior caused by, or did it have a direct and substantial relationship to, the child’s disability, and

    2) was the behavior the direct result of the school’s failure to implement the IEP?

    If the team answers yes to either question, the child cannot be expelled and a placement change would require the consent of the parent or a hearing officer’s order.

    If the IEP team determines that the behavior is a manifestation of the child’s disability, the child must return to his original placement, unless the parents and school agree otherwise. The school must also do a behavioral assessment for the student or change the student’s existing behavior plan to address the behavior. If the team denies that the behavior is a manifestation of the child’s disability, the parent may appeal by requesting a due process hearing. DCPS must arrange for an accelerated hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed, and in the time being, the child remains in the temporary educational setting. 20 U.S.C. Sec. 1415(k)(1)(F); 34 C.F.R. Sec. 300.530(f); D.C. Mun. Regs. tit. 5-E, Sec. 2510.15.

     Students with disabilities must continue to receive educational services during any period of suspension beyond 10 days and during any period of temporary placement or expulsion. 20 U.S.C. Sec. 1412(a)(1), Sec. 1415(k)(1)(D); 34 C.F.R. Sec. 300.530(d)(1). The services a child receives under these circumstances must enable him to continue to participate in the general curriculum, to continue to progress toward meeting his IEP goals and to receive needed behavioral assessments and services. 20 U.S.C. Sec. 1415(k)(1)(D); 34 C.F.R. Sec. 300.530(d)(1)(i)(ii).

  • Can parents see the school records of their special education child?

    A parent is entitled to inspect, review, and get a free copy of all of a child’s school records relating to identification, evaluation, and educational placement. D.C. Mun. Regs. tit. 5-E, Sec. 3021.1. Parents are entitled to request correction or removal of information the parent believes to be inaccurate, misleading, or a violation of privacy. The local education agency must develop a process for a parent to correct information in a child’s record. D.C. Mun. Regs. tit. 5-E, Sec. 3021.3.