• Current through October 23, 2012

(a) DCPS shall assess or evaluate a student who may have a disability and who may require special education services within 120 days from the date that the student was referred for an evaluation or assessment.

(b) DCPS shall place a student with a disability in an appropriate special education school or program in accordance with this chapter and the IDEA.

(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.)


Effect of Amendments

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

Emergency Act Amendments

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).

Legislative History of Laws

For Law 16-269, see notes following § 38-2561.01.

For Law 17-353, see notes following § 38-102.