Section 5-A2803. LEVELS OF APPROVAL

 

2803.1OSSE may, at its discretion, grant a certificate of approval that confers full approval status, probationary approval status, or provisional approval status. 

OSSE shall grant full approval status to a nonpublic special education school or program based upon a finding that the application meets all of the standards and requirements of this chapter.

 

2803.2In no case shall approval at any level be awarded unless the nonpublic special education school or program demonstrates to the satisfaction of OSSE that the health and safety of students is protected and that the school or program is able to implement the provisions in each student’s IEP.

 

2803.3A nonpublic special education school or program shall operate in a manner consistent with the specifications of the certificate of approval and may not extend, assign, or transfer a certificate of approval status to additional operating sites.

 

2803.4A nonpublic special education school or program shall notify OSSE in writing and submit an application to amend its certificate of approval before a change in circumstances occurs. A change in circumstances includes without limitation, a change of ownership, accreditation status, location, or other form of change in operation that is inconsistent with information or specifications submitted to OSSE.  If a nonpublic special education school or program expects to experience a change in circumstances, it shall:
 

(a)Notify OSSE in writing at least sixty (60) calendar days before a change in circumstance(s); and

 

(b)Submit to OSSE specific documentation to describe the change, including any additional information requested by OSSE.

 

2803.5OSSE may place a nonpublic special education school or program on probationary approval status at any time, based upon circumstances which, in OSSE’s discretion, compromise the school or program’s ability to provide a safe, healthy, and appropriate educational environment, or to comply with the standards of this chapter.  A school or program in probationary approval status shall complete and document in writing specific corrective actions within timelines specified by OSSE.  Based on evidence of compliance with the corrective action(s), OSSE may revoke or reinstate the nonpublic school or program certificate of approval with full approval status, or probationary approval status with specific timelines for additional correction. 

 

2803.6A nonpublic special education school or program with a probationary certificate of approval may not accept or enroll any additional students from the District of Columbia until OSSE issues a certificate of approval with full approval status, or a student placement at the school or program is ordered by a court of law or a hearing officer decision pursuant to 34 C.F.R. 300.513.

 

2803.7OSSE may grant provisional approval status for a time period not to exceed six (6) months after the date of approval of an initial application. OSSE may revoke provisional approval status at any time for any reason. 

 

2803.8 If provisional approval status is granted, OSSE shall indicate the specific conditions and timeline that the nonpublic special education school or program shall meet to establish full approval status. 

 

2803.9 If OSSE finds that the nonpublic special education school or program has failed to meet the specified conditions within the provisional approval status period or does not grant full approval status, the provisional approval status shall expire automatically.

 

2803.10A nonpublic special education school or program with a provisional certificate of approval may not accept or enroll any additional students from the District of Columbia until OSSE issues a certificate of approval with full approval status, or a student placement at the school or program is ordered by a court of law or a hearing officer decision pursuant to 34 C.F.R. 300.513.

 

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, 9447 (October 8, 2010).

EditorNote

5 DCMR A § 2803 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).