Code of the District of Columbia

§ 38–2561.04. Funding of a placement of a student with disabilities in a nonpublic special education school or program made by other District of Columbia government agencies.

(a) If another District of Columbia government agency places a student with a disability in a nonpublic special education school or program, the SEA shall fund the placement unless and until the other agency agrees to fund the placement.

(b) The District of Columbia shall comply with section 612(a)(12) of the IDEA [20 U.S.C. § 1412(a)(12)] and 34 C.F.R. § 300.154 by developing appropriate mechanisms for interagency coordination between the SEA and other District government agencies to ensure that all necessary services are provided and funded by the appropriate agency.

(c) Nothing in this section shall be construed as removing the SEA’s liability for providing and paying for special education and related services if another public agency fails to provide or pay for them.


(Mar. 14, 2007, D.C. Law 16-269, § 104, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(d), 61 DCR 12419.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-195 substituted “the SEA” for “DCPS” throughout the section.

Emergency Legislation

For temporary (90 day) addition, see § 104 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).

References in Text

Section 612(a)(12) of the IDEA, referred to in subsec. (b), is classified to 20 U.S.C. § 1412(a)(12).