Code of the District of Columbia

§ 38–2561.07. Certificate of Approval for nonpublic special education schools or Programs — General.

(a) The SEA shall develop and administer a Certificate of Approval process for nonpublic special education schools or programs that serve District of Columbia students with disabilities with funding from the District of Columbia government by January 1, 2009. The Certificate of Approval process shall include an evaluation of the nonpublic special education school or program, including an onsite inspection of the operations and facilities of the school or program. The SEA shall issue a Certificate of Approval to a nonpublic special education school or program after determining that:

(1) The school or program complies with the regulations set forth in Chapters 22, 25, 30, and 38 of Title 5 of the District of Columbia Municipal Regulations, the requirements of this chapter, and any applicable fire safety, building code, health, and sanitation requirements;

(2) The types of care being provided by the school or program are consistent with the applicable laws and regulations of the District of Columbia; and

(3) The school or program prohibits by policy and practice aversive intervention.

(b) Any nonpublic special education school or program that will be affected by the Certificate of Approval process shall be allowed to participate in the development and revision of applicable standards pursuant to the IDEA.

(c) A Certificate of Approval shall be for a period not to exceed 3 years.

(d) The SEA shall develop and maintain a list of approved nonpublic special education schools and programs, and shall display this list along with appropriate information about each nonpublic special education school or program on its website.

(e) The initial application and the Certificate of Approval shall include the following information:

(1) Name of the school or program;

(2) Location of the school or program;

(3) The name and address of the individual or entity responsible for governing and operating the school or program;

(4) The classification of the educational school or program to include, but not be limited to, one or more of the following:

(A) Nursery school;

(B) Kindergarten;

(C) Elementary school with sequential grades specified;

(D) Secondary school with sequential grades specified; and

(E) Special education and related services; and

(5) Any additional information the SEA requires.

(f) A school or program shall operate in a manner that is consistent with the specifications recorded on the Certificate of Approval issued to the individual or entity with legal responsibility for governing and operating the school or program.

(g) The SEA may issue a provisional Certificate of Approval to schools or programs that meet minimum requirements to be established by SEA regulations.

(h) Repealed.

(i) In issuing Certificates of Approval to residential child care facilities, or when otherwise required, the SEA shall coordinate with the Department of Mental Health, the Department of Human Services, the Child and Family Services Agency, the Department of Youth Rehabilitation Services, and the Medical Assistance Administration of the Department of Health, or any other appropriate public agency.


(Mar. 14, 2007, D.C. Law 16-269, § 107, 54 DCR 841; Mar. 20, 2009, D.C. Law 17-304, § 2(c), 55 DCR 12806; Mar. 10, 2015, D.C. Law 20-195, § 202(g), 61 DCR 12419.)

Section References

This section is referenced in § 38-2561.01, § 38-2561.03, and § 38-2561.06.

Effect of Amendments

D.C. Law 17-304 rewrote subsec. (a) and repealed subsec. (h).

The 2015 amendment by D.C. Law 20-195 substituted “its website” for “the Internet site of the District of Columbia Public Schools” in (d).

Emergency Legislation

For temporary (90 day) addition, see § 107 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).