Code of the District of Columbia

Chapter 25B. Placement of Students with Disabilities in Nonpublic Schools.


§ 38–2561.01. Definitions.

For the purposes of this chapter, the term:

(1) “Aversive intervention” means specific strategies for behavioral-treatment intervention, including:

(A) Noxious, painful, intrusive stimuli or activities that result in pain;

(B) Any form of noxious, painful, or intrusive spray or inhalant;

(C) Electric shock or use of a graduated electronic decelerator;

(D) Pinches and deep muscle squeezes;

(E) Withholding adequate sleep, shelter, clothing, bedding, or bathroom facilities;

(F) Withholding meals, essential nutrition, or hydration, or intentionally altering staple food or drink to make it distasteful; or

(G) The use of chemical restraints, instead of positive programs or medical treatments.

(1A) “Certificate of Approval” means the document issued by the SEA to the legal authority responsible for governing and operating a nonpublic special education school or program upon determination that the nonpublic special education school or program is in compliance with the requirements of § 38-2561.07.

(2) “DCPS” means the District of Columbia Public Schools, established by § 38-171.

(3) “Free appropriate public education” means special education and related services that:

(A) Have been provided at public expense, under public supervision and direction, and without charge;

(B) Meet the standards of the State Education Agency;

(C) Include an appropriate preschool, elementary school, or secondary school education; and

(D) Are provided in conformity with the individualized education program.

(4) “IDEA” means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.), and its implementing regulations.

(5) “Individualized education program” or “IEP” means a written plan that specifies the special education programs and services to be provided to meet the unique educational needs of a student with a disability, as required under section 614(d) of the IDEA [20 U.S.C. § 1414(d)].

(6) “Least restrictive environment” means a placement of a student with a disability that:

(A) Provides the special education needed by the student;

(B) Provides for the education of the student, to the maximum extent appropriate, with other students who do not have disabilities;

(C) Is based upon consideration of the proximity of the placement to the student’s place of residence; and

(D) Is in accordance with section 612(a)(5)(A) of the IDEA [20 U.S.C. § 1412(a)(5)(A)].

(6A) “Local education agency” or “LEA” means an educational institution at the local level that exists primarily to operate a publicly funded school or schools in the District of Columbia, including the District of Columbia Public Schools and a District of Columbia public charter school.

(7)(A) “Nonpublic special education school or program” means a privately owned or operated preschool, school, educational organization, or program, no matter how titled, that maintains or conducts classes for the purpose of offering instruction, for a consideration, profit, or tuition, to students with disabilities.

(B) The term “nonpublic special education school or program” shall not include a privately owned or operated preschool, elementary, middle, or secondary school whose primary purpose is to provide educational services to students without disabilities, even though the school may serve students with disabilities in a regular academic setting.

(8) “Panel” means the Rate Reconsideration Panel established by § 38-2561.14.

(8A) “Public charter school” means a publicly funded public school established pursuant to Chapter 18 of this title [§ 38-1800 et seq.], and is not part of DCPS.

(9) “Rates” are the annual or per-diem costs paid to each nonpublic special education school or program, for tuition and for each unit of related service delivered.

(10) “Related services” shall have the same meaning as provided in section 602(26) of the IDEA [20 U.S.C. § 1401(26)].

(11) “Residential child care facility” means a program that provides care for children 24 hours a day with a structured set of services and activities designed to achieve objectives related to the needs of the children served.

(12) “Special education” shall have the same meaning as provided in section 602(29) of the IDEA [20 U.S.C. § 1401(29)].

(13) “State education agency” or “SEA” means the Office of the State Superintendent of Education, or any successor agency that has primary responsibility for the state-level supervisory functions for special education that are typically handled by a state department of education or public instruction, a state board of education, a state education commission, or a state education authority.

(14) “Student with a disability” means a student determined to have:

(A) Autism;

(B) Deaf-blindness;

(C) A developmental delay;

(D) A hearing impairment, including deafness;

(E) An intellectual disability;

(F) Multiple disabilities;

(G) An orthopedic impairment or other health impairment;

(H) An emotional disturbance;

(I) A severe disability;

(J) A specific learning disability;

(K) A speech or language impairment;

(L) A traumatic brain injury;

(M) A visual impairment, including blindness; or

(N) Any other condition, disability, or impairment described in section 602(3) of the IDEA [20 U.S.C. § 1401(3)], or in section 7(8) of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 359; 29 U.S.C. § 706(8)) [repealed, see now 29 U.S.C. § 705(20)].


(Mar. 14, 2007, D.C. Law 16-269, § 101, 54 DCR 841; Mar. 20, 2009, D.C. Law 17-304, § 2(a), 55 DCR 12806; Sept. 26, 2012, D.C. Law 19-169, § 25, 59 DCR 5567; Mar. 10, 2015, D.C. Law 20-195, § 202(a), 61 DCR 12419.)

Effect of Amendments

D.C. Law 17-304 redesignated former par. (1) as par. (1A); added par. (1); and, in par. (13), substituted “Office of the State Superintendent of Education,” for “District of Columbia Public Schools,”.

The 2012 amendment by D.C. Law 19-169 substituted “An intellectual disability” for “Mental retardation” in (14)(E).

The 2015 amendment by D.C. Law 20-195 rewrote (2); substituted “program” for “plan” in (3)(D); substituted “Individualized education program” for “Individualized education plan” in (5); added (6A); and added (8A).

Emergency Legislation

For temporary (90 day) addition, see § 101 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 614(d) of the IDEA, referred to in par. (5), is classified to 20 U.S.C. § 1414(d).

Section 612(a)(5)(A) of the IDEA, referred to in par. (6)(D), is classified to 20 U.S.C. § 1412(a)(5)(A).

Section 602(26) of the IDEA, referred to in par. (10), is classified to 20 U.S.C. § 1401(26).

Section 602(29) of the IDEA, referred to in par. (12), is classified to 20 U.S.C. § 1401(29).

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.

Delegation of Authority

Delegation of Authority to the District of Columbia Deputy Mayor for Education to Appoint Special Education Rate Reconsideration Panel Members, see Mayor’s Order 2011-173, October 14, 2011 ( 58 DCR 9081).


§ 38–2561.02. Assessment and placement of a students with a disability — General.

(a)(1) Before paragraph (2)(A) of this subsection taking [sic] effect, an LEA shall assess or evaluate a student who may have a disability and who ma y require special education services within 120 days from the date that the student was referred for an evaluation or assessment.

(2)(A) Beginning July 1, 2018, an LEA shall assess or evaluate a student who may have a disability and who may require special education services within 60 days from the date that the student’s parent or guardian provides consent for the evaluation or assessment. The LEA shall make reasonable efforts to obtain parental consent within 30 days from the date the student is referred for an assessment or evaluation.

(B) Repealed.

(3) For the purposes of this subsection, a referral for an evaluation or assessment for special education services may be oral or written. An LEA shall document any oral referral within 3 business days of receipt.

(b) An LEA shall provide a student with a disability a free and appropriate public education in an appropriate special education placement in accordance with this chapter and IDEA; provided, that an LEA shall not remove a student with a disability from an age-appropriate classroom solely because of needed modifications in the general education curriculum.

(c) Special education placements shall be made in the following order or priority; provided, that the placement is appropriate for the student and made in accordance with the IDEA and this chapter:

(1) DCPS schools, or District of Columbia public charter schools pursuant to an agreement between DCPS and the public charter school;

(2) Private or residential District of Columbia facilities; and

(3) Facilities outside of the District of Columbia.


(Mar. 14, 2007, D.C. Law 16-269, § 102, 54 DCR 841; Mar. 25, 2009, D.C. Law 17-353, § 195, 56 DCR 1117; Mar. 10, 2015, D.C. Law 20-195, § 202(b), 61 DCR 12419; Oct. 30, 2018, D.C. Law 22-168, § 7012, 65 DCR 9388.)

Effect of Amendments

D.C. Law 17-353 validated a previously made technical correction in subsec. (b).

The 2015 amendment by D.C. Law 20-195 rewrote (a) and (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 7012 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 7012 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 day) addition, see § 102 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).


§ 38–2561.03. Placement and funding of a student with a disability in a nonpublic special education school or program.

(a) If an LEA anticipates that it may be unable to implement a student’s IEP or provide a student with an appropriate special education placement in accordance with the IDEA and other applicable laws or regulations, the LEA shall notify the SEA. The SEA shall cooperate with the LEA to provide a placement in a more restrictive setting in conformity with the IDEA, and any other applicable laws or regulations.

(b)(1) Unless the placement of a student has been ordered by a District of Columbia court, federal court, or a hearing officer pursuant to IDEA, no student whose education, including special education or related services, is funded by the District of Columbia government shall be placed in a nonpublic special education school or program that:

(A) Allows the use of aversive intervention in its policy or practice; or

(B) Has not received and maintained a valid Certificate of Approval from the SEA in accordance with § 38-2561.07.

(2) A hearing officer may make a placement in a nonpublic special education school or program that lacks a valid Certificate of Approval from the SEA only if the hearing officer has determined that:

(A) There is no public school or program able to provide the student with a free appropriate public education; and

(B) There is no nonpublic special education school or program with a valid Certificate of Approval that meets the requirements of subsection (a)(2) of this section.

(c) The SEA shall be responsible for paying the costs of education, including special education and related services, of a student with a disability when the student is placed at a nonpublic special education school or program pursuant to this section; provided, that, in conformity with IDEA, the SEA shall not be responsible for paying the cost of education, including special education and related services, of a student with a disability who attends a nonpublic special education school or program if:

(1) An LEA made a free and appropriate public education available to the student; and

(2) The student’s parent or guardian elected to place the student in a nonpublic special education school or program.

(d) If the SEA has reason to believe that a child is a neglected child or is being abused, as those terms are defined in § 16-2301(9) and (23), respectively, in an out-of-state nonpublic special education school or program, the SEA shall immediately notify the relevant state’s child welfare agency and the parent or guardian of the child. Upon notification, the SEA shall work with the parent or guardian to take immediate steps to ensure the safety and health of the child.

(e) The Office of the State Superintendent of Education shall issue updated rules to implement the provisions of this section by October 1, 2015.


(Mar. 14, 2007, D.C. Law 16-269, § 103, 54 DCR 841; Mar. 20, 2009, D.C. Law 17-304, § 2(b), 55 DCR 12806; Mar. 10, 2015, D.C. Law 20-195, § 202(c), 61 DCR 12419.)

Effect of Amendments

D.C. Law 17-304 rewrote subsec. (b)(1) and added subsec. (d). Prior to amendment, subsec. (b)(1) read as follows: “(b)(1) No student with a disability whose education, including special education and related services, is funded by the District government shall be placed in a nonpublic special education school or program that has not received and maintained a valid Certificate of Approval from the SEA in accordance with § 38-2561.07, unless the placement has been ordered by a District of Columbia court, a federal court, or a hearing officer pursuant to the IDEA.”

The 2015 amendment by D.C. Law 20-195 rewrote the introductory language of (a); rewrote (c); and added (e).

Emergency Legislation

For temporary (90 day) addition, see § 103 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).


§ 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).


§ 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).


§ 38–2561.06. Participation of LEA in development or review of the IEP.

When a student is receiving education and related services from a nonpublic special education school or program that is approved by the SEA under § 38-2561.07 and receives funding from the District of Columbia government, the LEA shall participate in the initial meeting to develop an IEP. For any subsequent meeting to review or revise the IEP, the failure or inability of the LEA representative to attend the IEP meeting after the meeting has been set shall not prevent the meeting from taking place as planned and does not negate or diminish the LEA’s obligation to provide a free and appropriate public education.


(Mar. 14, 2007, D.C. Law 16-269, § 106, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(f), 61 DCR 12419.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-195 substituted “LEA” for “DCPS” in the section heading; substituted “the LEA shall participate” for “DCPS shall participate” in the first sentence; substituted “the LEA representative’’ for “a DCPS representative” in the second sentence; and substituted “as planned and does not negate or diminish the LEA’s obligation to provide a free and appropriate public education” for “as planned” at the end of the paragraph.

Emergency Legislation

For temporary (90 day) addition, see § 106 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).


§ 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).


§ 38–2561.08. Certificate of Approval — Compliance.

(a) All nonpublic special education schools or programs serving students with disabilities with funding provided by the District of Columbia government shall come into full compliance with this chapter by August 15, 2007, for the 2007-2008 academic school year.

(b) To continue receiving funding from the District of Columbia government in the 2007-2008 academic school year, all nonpublic special education schools or programs shall submit an initial application for a Certificate of Approval to the SEA no later than 90 days after March 14, 2007.

(c) For the 2008-2009 academic school year and each subsequent school year, a nonpublic special education school or program seeking a Certificate of Approval shall submit an initial application to the SEA no later than 45 days prior to the start of the school year.

(d) Not later than 45 days prior to the start of each school year, a school or program granted a Certificate of Approval by the SEA shall certify its annual compliance with this chapter, and regulations issued pursuant to this chapter, by filing a certificate of compliance with the SEA.


(Mar. 14, 2007, D.C. Law 16-269, § 108, 54 DCR 841.)

Emergency Legislation

For temporary (90 day) addition, see § 108 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).


§ 38–2561.09. Certificate of Approval — Inspection.

(a) The SEA shall schedule periodic monitoring visits to each nonpublic special education school or program at least once every 3 years. The employees of the SEA may make unannounced visits to a school or program during the 3-year period.

(b) A nonpublic special education school or program approved by the SEA shall be subject to inspection by the SEA or its designee for the following reasons:

(1) To verify compliance with this chapter and its implementing regulations for the purpose of reviewing an application for a Certificate of Approval;

(2) To verify compliance with this chapter and its implementing regulations when a nonpublic special education school or program receives District of Columbia government funds for its educational program;

(3) To investigate allegations or complaints related to this chapter, violations of the IDEA, or an applicable local or federal law regarding child safety and welfare; during which the nonpublic school’s Certificate of Approval shall be placed on probation throughout the pendency of any investigation of an allegation or complaint of child safety and welfare; and

(4) To determine compliance with applicable local regulations or to monitor program quality.


(Mar. 14, 2007, D.C. Law 16-269, § 109, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(h), 61 DCR 12419.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-195 rewrote (b)(3); and substituted “applicable local” for “DCPS” in (b)(4).

Emergency Legislation

For temporary (90 day) addition, see § 109 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).


§ 38–2561.10. Certificate of Approval — Renewal.

(a) Nonpublic schools and programs for special education students may have their Certificates of Approval renewed for a period not to exceed 3 years.

(b) If a Certificate of Approval has not been renewed by the SEA on or before the renewal anniversary date, the Certificate of Approval shall expire and the LEA shall take immediate steps to determine an appropriate placement, in accordance with the IDEA, for any District of Columbia funded students who attended the nonpublic special education school or program with the expired Certificate of Approval.


(Mar. 14, 2007, D.C. Law 16-269, § 110, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(i), 61 DCR 12419.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-195, in (b), substituted “LEA” for “DCPS Superintendent of Schools” and substituted “for any District of Columbia funded students” for “to any DCPS-funded students.”

Emergency Legislation

For temporary (90 day) addition, see § 110 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).


§ 38–2561.11. Certificate of Approval — Denial, revocation, refusal to renew, or suspension.

(a) The SEA may deny, revoke, refuse to renew, or suspend a Certificate of Approval for any one or combination of the following causes:

(1) Violating any provision of this chapter, applicable rules of the SEA, or applicable federal laws or regulations, except that noncompliance with § 38-2561.12 shall not be grounds for denial, revocation, refusal to renew, or suspension;

(2) Providing false, misleading, or incomplete information, or failing to provide information requested by the SEA or an LEA;

(3) Violating any commitment made in an application for a Certificate of Approval;

(4) Failing to provide or maintain the premises or equipment of the special education school or program in a safe and sanitary condition as required by applicable law or regulation;

(5) Failing to maintain adequate programs or to retain adequate, qualified instructional staff;

(6) Failing within a reasonable time to provide information requested by an LEA or the SEA as a result of a formal or informal complaint, or as a supplement to an application for a Certificate of Approval; and

(7) Allowing aversive intervention in its policy or practice.

(b)(1) If the SEA determines a nonpublic special education school or program is in violation of subsection (a) of this section, the SEA shall provide the nonpublic special education school or program written notice of the violations before denying, revoking, refusing to renew, or suspending the Certificate of Approval.

(2)(A) Except as provided in subparagraph (B) of this paragraph, a nonpublic special education school or program determined to be in violation of subsection (a) of this section may request a hearing before an independent panel of the SEA. The request shall be in writing and submitted to the SEA within 30 days of receipt of the written notice required under paragraph (1) of this subsection. The panel that reviews the SEA decision shall not contain any individual who participated in the decision to issue the original notice.

(B) A nonpublic special education school or program determined to be in violation of subsection (a)(7) of this section may request a hearing before an independent panel of the SEA. The request shall be in writing and submitted to the SEA within 10 days of receipt of the written notice required under paragraph (1) of this subsection. The panel that reviews the SEA decision shall not contain any individual who participated in the decision to issue the original notice.

(3)(A) Except as provided in subparagraph (B) of this paragraph, the SEA shall hold a hearing within 30 days of receiving a written request, and shall issue its decision no later than 10 days after the hearing. The decision of the SEA panel shall be final and not appealable.

(B) If the notice of violation is due to a violation of subsection (a)(7) of this section, the SEA shall hold a hearing within 15 days of receiving a written request, and shall issue its decision no later than 10 days after the hearing. The decision of the SEA panel shall be final and not appealable.

(4) Pursuant to the IDEA, while review is pending, the nonpublic special education school or program shall continue to provide special education and related services to enrolled students; provided, that if the issues under review relate to student safety or welfare, the SEA shall change the status of the Certificate of Approval to probationary, the SEA may refuse to issue a location assignment to the nonpublic special education school or program, and the SEA may recommend to the LEA to remove some or all of its students from the nonpublic school pending resolution of the matter.

(c) The Mayor shall conduct a study of how to improve the process of appealing the SEA’s decision to deny, revoke, refuse to renew, or suspend a Certificate of Approval. The study shall include the options of review of SEA decisions by the Office of Administrative Hearings or the courts. The Mayor shall provide a report to the Council, including recommendations for legislative and operations changes, by January 1, 2009.


(Mar. 14, 2007, D.C. Law 16-269, § 111, 54 DCR 841; Mar. 20, 2009, D.C. Law 17-304, § 2(d), 55 DCR 12806; Mar. 10, 2015, D.C. Law 20-195, § 202(j), 61 DCR 12419.)

Effect of Amendments

D.C. Law 17-304, in subsec. (a), deleted “and” from the end of par. (5), substituted “; and” for a period at the end of par. (6), and added par. (7); in subsecs. (b)(2) and (3), designated subpar. (A) and inserted “Except as provided in subparagraph (B) of this paragraph,”, and added subpar. (B).

The 2015 amendment by D.C. Law 20-195 deleted “or DCPS” in (a)(1); substituted “or an LEA” for “or DCPS” in (a)(2); in (a)(6), substituted “an LEA” for “DCPS” and “application” for “initial application”; and added “provided, that if the issues under review relate to student safety or welfare, the SEA shall change the status of the Certificate of Approval to probationary, the SEA may refuse to issue a location assignment to the nonpublic special education school or program, and the SEA may recommend to the LEA to remove some or all of its student s from the nonpublic school pending resolution of the matter” in (b)(4).

Emergency Legislation

For temporary (90 day) addition, see § 111 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).


§ 38–2561.12. Rate-setting for nonpublic schools.

(a) The Mayor, or his or her designee, shall administer and implement a rate-setting process for the payment of tuition and related services to nonpublic special education schools and programs that provide special education and related services to students with disabilities funded by the District of Columbia.

(b) In establishing fair and reasonable rates, the Mayor, or his or her designee, shall consider a variety of factors, including historical data, the rates established by surrounding jurisdictions, and administrative costs.

(c) The Mayor, or his or her designee, may adopt the rates established by surrounding jurisdictions and apply those rates to nonpublic special education schools or programs that have already been approved to provide services with public funds by a surrounding jurisdiction.

(d) A nonpublic special education school or program serving students who are funded by the District government shall enter into a contract with the District government accepting rates set by the Mayor, or his or her designee, except that a contract is not required for a student whose placement has been ordered by a District of Columbia court, a federal court, or a hearing officer pursuant to the IDEA.


(Mar. 14, 2007, D.C. Law 16-269, § 112, 54 DCR 841.)

Section References

This section is referenced in § 38-2561.11.

Emergency Legislation

For temporary (90 day) addition, see § 112 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).


§ 38–2561.13. Rate-setting for nonpublic schools — Reconsideration.

(a) A nonpublic special education school or program may request reconsideration of a rate approved by the Mayor, or his or her designee, by the Rate Reconsideration Panel established by § 38-2561.14. A rate is eligible for reconsideration only for matters that relate to the ability of the nonpublic special education school or program to meet the requirements of an IEP for a student placed by a District government agency.

(b) The opportunity to request rate reconsideration shall apply only to an aggregate rate for students funded by the District government and the rate may not be reconsidered for individual students, except that the Panel may make case-by-case exceptions for a student the Panel determines has unique or highly specialized needs that cannot be properly addressed and funded through an aggregate rate.

(c) A request for reconsideration shall be filed within 30 days of the nonpublic special education school or program’s notification of rates from the Mayor, or his or her designee. The reconsideration request shall include the relief requested, the basis for the relief, and sufficient and appropriate information to allow an analysis of the claim.

(d) The decision of the Panel is final and binding.


(Mar. 14, 2007, D.C. Law 16-269, § 113, 54 DCR 841.)

Emergency Legislation

For temporary (90 day) addition, see § 113 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).


§ 38–2561.14. Rate Reconsideration Panel.

(a) A Rate Reconsideration Panel shall be established to review requests for rate reconsideration. The Panel shall be comprised of the following individuals:

(1) One individual designated by the State Superintendent of Education;

(2) Repealed;

(3) One individual designated by the Chief Financial Officer;

(4) One individual designated by the Director of the Department of Health;

(5) Two parents of students with disabilities, designated by the Mayor; and

(6) One representative of a nonpublic special education school or program serving students from the District of Columbia, designated by the Mayor.

(b) The members of the Panel shall elect the Chairman of the Panel.

(c) The presence of at least 4 members of the Panel shall constitute a quorum necessary for the Panel to conduct official business.

(d) The representative of the nonpublic special education school or program shall recuse himself or herself from any cases involving his or her school or program.


(Mar. 14, 2007, D.C. Law 16-269, § 114, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(k), 61 DCR 12419.)

Section References

This section is referenced in § 38-2561.01 and § 38-2561.13.

Effect of Amendments

The 2015 amendment by D.C. Law 20-195 substituted “State Superintendent of Education” for “Superintendent of Schools” in (a)(1); and repealed (a)(2).

Emergency Legislation

For temporary (90 day) addition, see § 114 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).


§ 38–2561.15. Rules.

(a) Not later than 90 days after March 14, 2007, the Mayor shall issue regulations to implement the powers and duties assigned to the Mayor by this chapter.

(b) Not later than 90 days after March 14, 2007, DCPS shall issue regulations to implement its powers and duties pursuant to this chapter.


(Mar. 14, 2007, D.C. Law 16-269, § 115, 54 DCR 841.)

Emergency Legislation

For temporary (90 day) addition, see § 115 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).

Delegation of Authority

Delegation of Rule Making Authority to the District of Columbia State Superintendent of Education to Establish Rate Setting Rules for Nonpublic Schools as Required by the “Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006”, effective March 14, 2007, D.C. Law 16-269, 54 DCR 841, see Mayor’s order 2007-149, June 28, 2007 ( 54 DCR 9604).


§ 38–2561.16. Reporting requirements.

(a) The SEA shall report annually, on or before the 1st day of the school year, for each nonpublic special education school or program:

(1) The name and location of each nonpublic special education school or program issued or denied a Certificate of Approval by the SEA, including the status of each;

(2) The number of children assigned to each school or program;

(3) Any enforcement action that has been taken with respect to the license, Certificate of Approval, or charter of the school or program;

(4) Any action the school or program has taken, or is taking, with respect to an enforcement action;

(5) All incident reports, including any report of abuse, neglect, or use of aversive intervention regarding any student placed by an LEA;

(6) Any investigation taken by the school or program as a result of an incident, including:

(A) The time it took to complete the investigation;

(B) Whether the parents or guardian of the student, the LEA, and the SEA have been informed of the report; and

(C) The progress and outcomes of the investigation, including any action taken by the facility; provided, that the information shall not be reported in a manner that violates any applicable provision of federal, state, or local law relating to the privacy of student information.

(b) The report shall be made available to the public on the SEA’s website.


(Mar. 14, 2007, D.C. Law 16-269, § 116; as added Mar. 20, 2009, D.C. Law 17-304, § 2(e), 55 DCR 12806; Mar. 10, 2015, D.C. Law 20-195, § 202(l), 61 DCR 12419; Dec. 13, 2017, D.C. Law 22-33, § 4148, 64 DCR 7652.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-195 substituted “an LEA” for “the SEA” in (a)(5); added “the LEA” in (a)(6)(B); and substituted “SEA’s website” for “SEA and DCPS Internet sites” in (b).

Applicability

Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4148 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 4148 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).