Code of the District of Columbia

§ 38–2561.02. Assessment and placement of a students with a disability — General.

(a)(1) Before paragraph (2)(A) of this subsection taking [sic] effect, an LEA shall assess or evaluate a student who may have a disability and who ma y require special education services within 120 days from the date that the student was referred for an evaluation or assessment.

(2)(A) Beginning July 1, 2018, an LEA shall assess or evaluate a student who may have a disability and who may require special education services within 60 days from the date that the student’s parent or guardian provides consent for the evaluation or assessment. The LEA shall make reasonable efforts to obtain parental consent within 30 days from the date the student is referred for an assessment or evaluation.

(B) Repealed.

(3) For the purposes of this subsection, a referral for an evaluation or assessment for special education services may be oral or written. An LEA shall document any oral referral within 3 business days of receipt.

(b) An LEA shall provide a student with a disability a free and appropriate public education in an appropriate special education placement in accordance with this chapter and IDEA; provided, that an LEA shall not remove a student with a disability from an age-appropriate classroom solely because of needed modifications in the general education curriculum.

(c) Special education placements shall be made in the following order or priority; provided, that the placement is appropriate for the student and made in accordance with the IDEA and this chapter:

(1) DCPS schools, or District of Columbia public charter schools pursuant to an agreement between DCPS and the public charter school;

(2) Private or residential District of Columbia facilities; and

(3) Facilities outside of the District of Columbia.


(Mar. 14, 2007, D.C. Law 16-269, § 102, 54 DCR 841; Mar. 25, 2009, D.C. Law 17-353, § 195, 56 DCR 1117; Mar. 10, 2015, D.C. Law 20-195, § 202(b), 61 DCR 12419; Oct. 30, 2018, D.C. Law 22-168, § 7012, 65 DCR 9388.)

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction in subsec. (b).

The 2015 amendment by D.C. Law 20-195 rewrote (a) and (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7012 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 § 7012 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) addition, see § 102 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).