Code of the District of Columbia

§ 38–2561.06. Participation of LEA in development or review of the IEP.

When a student is receiving education and related services from a nonpublic special education school or program that is approved by the SEA under § 38-2561.07 and receives funding from the District of Columbia government, the LEA shall participate in the initial meeting to develop an IEP. For any subsequent meeting to review or revise the IEP, the failure or inability of the LEA representative to attend the IEP meeting after the meeting has been set shall not prevent the meeting from taking place as planned and does not negate or diminish the LEA’s obligation to provide a free and appropriate public education.


(Mar. 14, 2007, D.C. Law 16-269, § 106, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(f), 61 DCR 12419.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-195 substituted “LEA” for “DCPS” in the section heading; substituted “the LEA shall participate” for “DCPS shall participate” in the first sentence; substituted “the LEA representative’’ for “a DCPS representative” in the second sentence; and substituted “as planned and does not negate or diminish the LEA’s obligation to provide a free and appropriate public education” for “as planned” at the end of the paragraph.

Emergency Legislation

For temporary (90 day) addition, see § 106 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).