Code of the District of Columbia

§ 49–1101.06. Placement and attendance.

(a)(1) When a student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational courses based on the student’s enrollment in the sending state school and educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes Honors, International Baccalaureate, Advanced Placement, vocational, and technical and career-pathways courses.

(2) Continuing the student’s academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in a course.

(b) The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state. Such programs include gifted and talented programs and English-as-a-second-language programs. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

(c)(1) In compliance with the federal requirements of the Individuals with Disabilities Education Improvement Act, approved December 3, 2004 (118 Stat. 2647; 20 U.S.C. § 1400 et seq.), the receiving state shall initially provide comparable services to a student with disabilities based on his or her current Individualized Education Program; and

(2) In compliance with the requirements of section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794), and with Title II of the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 327; 42 U.S.C. §§ 12131-12165), the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II plan, to provide the student with equal access to education. This requirement does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student.

(d) Local education agency administrative officials shall have flexibility in waiving course and program prerequisites and other preconditions for placement in courses and programs offered under the jurisdiction of the local education agency.

(e) A student whose parent, or legal guardian, is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat-support posting shall be granted additional excused absences at the discretion of the local education agency to visit with his or her parent or legal guardian based on the leave or deployment of the parent or guardian.


(May 1, 2013, D.C. Law 19-304, § 7, 60 DCR 2717.)