DCPS/OSSE -- parent requesting evaluation

[Anonymous]

Can anyone point me to the relevant legislation on a parent/guardian's ability to request an evaluation for learning disabilities, and DCPS/OSSE's obligation(s) in return? Thank you!

[Anonymous]

Here are the Procedural Safeguards (the DC laws regarding special education) -- https://osse.dc.gov/sites/default/files/dc/sites/osse/publication/attachments/Part%20B%20Procedural%20Safeguards%20Update_%20August%202018-ENG.pdf

Page 6:
Timeframe for an Initial Evaluation

Under District of Columbia law, the LEA must make reasonable efforts to obtain parental consent for initial evaluation within thirty (30) calendar days of referral, and complete an initial evaluation of a child suspected of having a disability, including the determination of eligibility, within sixty (60) calendar days of receiving parental consent.

[Anonymous]

PP here: Regarding your ability to request an evaluation -- page 5

OPPORTUNITY TO INITIATE REFERRAL AND PROCEDURES FOR EVALUATION
34 CFR §§300.301, 300.304, and 300.305; D.C. Official Code § 38-2561.02; 5E DCMR §§ 5-3004 and 5-3005.2
An evaluation is a process consisting of a set of procedures and/or assessments used in accordance with the IDEA and District of Columbia law to determine: (1) whether a child has a disability, and if so, (2) the nature and extent of the special education and related services that the child needs. Either the LEA or you may initiate a request for an evaluation to determine if your child is a child with a disability. You may make this request orally or in writing. The LEA must document any oral referral within three (3) business days of receipt.

[Anonymous]

https://www.wrightslaw.com/info/test.index.htm

[Anonymous]

Chapter 30 of DC regulations. The regulations say that school must start process of getting your consent within 10 days and then complete the evaluations within 30 days of your written consent. In practice, they insist on having an AED meeting to discuss the need for evaluations. That meeting should be held quickly and you should come prepared with all the evidence that makes you suspect a LD.