Code of the District of Columbia

§ 38–2561.05. Resolution of assessment, evaluation, placement, and funding disputes.

(a) The due process procedures set forth in Chapter 25C of this title [§ 38-2571.01 et seq.], Chapter 30 of Title 5 of the District of Columbia Municipal Regulations, and IDEA shall govern any disputes between a student’s parent or guardian and the LEA or SEA regarding the assessment, evaluation, placement, and funding of a student with a disability in a nonpublic special education school or program.

(b) In conformity with the IDEA, the SEA may not terminate funding for the last approved nonpublic placement of a student while an administrative or judicial review of a recommended placement is pending.


(Mar. 14, 2007, D.C. Law 16-269, § 105, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(e), 61 DCR 12419.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-195 rewrote (a); and substituted “the SEA” for “DCPS” in (b).

Emergency Legislation

For temporary (90 day) addition, see § 105 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).