§ 38–2614. Special education.

(a)(1) Beginning July 1, 2018, the first IEP in effect after a child with a disability reaches 14 years of age shall include transition assessments and services, including:

(A) Appropriate measurable postsecondary goals based upon age- appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills and the transition services needed to assist the child in reaching those goals;

(B) A statement of inter-agency responsibilities or any needed linkages before the child leaves the school setting; and

(C) If the IEP team determines that transition services are not needed, a statement to that effect and the basis upon which the determination was made.

(2) Not later than one year before a child with a disability’s anticipated high school graduation or attainment of a certificate of IEP completion, the IEP team shall identify which adult services might be appropriate for the child and what evaluations should occur to determine the child’s eligibility for those services; provided, that nothing in this section shall be construed to impose any obligation on an LEA to conduct evaluations to determine eligibility for adult services.

(3) Beginning July 1, 2018, a child shall be eligible for Part C of IDEA if the child is otherwise an eligible infant or toddler with a disability and the child demonstrates a delay of at least 25%, using appropriate diagnostic instruments and procedures, in one of the following developmental areas:

(A) Physical development, including vision or hearing;

(B) Cognitive development;

(D) Social or emotional development; or

(E) Adaptive development.

(b) By October 1, 2015, OSSE shall issue:

(1) Rules to implement the provisions of this section; and

(2) A report that includes recommendations on the advisability, timing, and expected cost to:

(A) Further expand eligibility for early intervention or early childhood services to include any subset of infants or toddlers who are at risk of experiencing developmental delays because of the additional biological or environmental factors as described in 34 C.F.R. § 303.5; and

(B) Expand eligibility for special education services by matching the definition of developmental delay of Part B of IDEA, defined in section 5-E3001 of Title 5 of the District of Columbia Municipal Regulations, and the definition of developmental delay under Part C of IDEA, defined in section 5-A3108.3 of Title 5 of the District of Columbia Municipal Regulations.