Section 5-A2800. AUTHORITY AND PURPOSE

 

2800.1This chapter is promulgated pursuant to section 101 et seq. of the Placement of Students with Disabilities in Nonpublic Special Schools Act, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code §§ 38-2561.01 through 38-2561.11) (2009 Supp.) (Placement Act); Mayor’s Order  2007-149 (June 28, 2007); sections 3(b)(8) and (11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §38-2602(b)(8) and 38-2602(11)) (2010 Supp.); and Article II of An Act to provide for compulsory school attendance, and for other purposes, approved February 4, 1925 (43 Stat. 805; D.C. Official Code §§ 38-201 et seq.).

 

2800.2The Office of the State Superintendent of Education (OSSE) may issue a certificate of approval to a nonpublic special education school or program, including a residential treatment or psychiatric residential treatment facility (PRTF) operating an educational program, serving students with disabilities funded by the District of Columbia.  The purpose of the certificate of approval process is to maintain oversight of nonpublic special education schools or programs, including residential treatment or psychiatric residential treatment facilities, to ensure that every District of Columbia student with a disability is afforded a high quality education in the least restrictive environment.   

 

2800.3Any school or program defined within this chapter as a nonpublic special education school or program shall not accept a placement of a District of Columbia student with a disability whose education is funded by the District of Columbia government unless it receives and maintains a certificate of approval issued by OSSE; except if a student is ordered placed and located at a specific uncertified school by order of a court or a due process hearing officer decision pursuant to 34 C.F.R. 300.513; and then only in exceptional circumstances where the student, because of the student’s unique and highly specialized needs, cannot be served by a nonpublic special education school or program with a certificate of approval.

 

2800.4A nonpublic special education school or program with a current certificate of approval issued by OSSE shall comply with the provisions of this chapter unless otherwise exempted by District of Columbia laws or regulations. 

 

2800.5A nonpublic special education school or program without a certificate of approval that accepts a District of Columbia student ordered placed and located specifically in that school or program by a court of law or due process hearing officer decision must apply for a certificate of approval within ninety (90) calendar days after the date of accepting that student and must immediately comply, at a minimum, with the following sections of this chapter as to the student placed before accepting the student: sections A-2805 through A-2822; sections A-2830 through A-2834; A-2836; A-2837; and A-2844, unless otherwise exempted by OSSE.  The nonpublic special education school or program shall give OSSE an assurance as to its compliance under this section before accepting the student. 

 

2800.6If OSSE denies an application for, refuses to renew, suspends or revokes a certificate of approval for a nonpublic special education school or program subject to this chapter, the following shall occur: 

 

(a)OSSE shall provide written notification of its decision to any sending local education agency (sending LEA) with children in the nonpublic school or program;

 

(b)Each responsible LEA shall schedule an Individualized Education Program (IEP) team meeting for each of its District of Columbia students and notify the parent that the nonpublic school or program has failed to qualify for a certificate of approval; and

 

(c)The IEP team shall determine an appropriate placement for the student.

 

2800.7The denial of an application, refusal to renew, suspension or revocation of a certificate does not invalidate a student placement by court order or hearing officer decision (HOD). The responsible LEA shall convene an IEP team to determine if the placement is appropriate and, if necessary, seek a modification of the court order or HOD.

 

authority

Set forth in sections 3(b)(8) and (11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(8) and (11)) (2010 Supp.); sections 101 et seq. of the Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code § 38-2561.01 et seq.) (2010 Supp.); and Mayor’s Order 2007-149 (June 28, 2007), and Article II of An Act to provide for compulsory school attendance, and for other purposes, approved February 4, 1925 (43 Stat. 805; D.C. Official Code §§ 38-202 et seq.) (2001 and 2010 Supp.).

source

Final Rulemaking published at 57 DCR 9444 (October 8, 2010).

EditorNote

5 DCMR A § 2800 was originally published in chapter 28 (Certification of Approval for Nonpublic Special Education Schools and Programs Serving Students with Disabilities Funded by the District of Columbia and Special Education Rates. The title to chapter 28 was amended to "Nonpublic Special Education Schools and Programs Serving Students with Disabilities Funded by the District of Columbia and Special Eucation Rates" by Notice of Final Rulemaking published at 58 DCR 5442 (July 1, 2011).