Section 5-A2808. INDIVIDUALIZED EDUCATION PROGRAMS

2808.1The sending LEA responsible for the District of Columbia student with a disability placed in a nonpublic special education school or program and the nonpublic special education school or program are both responsible for ensuring that the student has a complete and current IEP. A nonpublic special education school or program shall work with the sending LEA to maintain compliance with the IDEA as follows:

 

(a)If the nonpublic special education school or program becomes unable to implement any portion of the student’s IEP, including compensatory education, the school or program shall immediately notify the sending LEA in writing and consult with the sending LEA about whether an IEP team meeting is required;

 

(b)If the nonpublic special education school or program becomes aware that the student’s IEP is not being fully implemented due to factors beyond its control (for example, transportation), the school or program shall immediately notify the sending LEA in writing and consult with the sending LEA about whether an IEP team meeting is required;

 

(c) If it appears to the nonpublic special education school or program that a required timeline for an evaluation, reevaluation or any other timeline specified in the IDEA has lapsed or will imminently lapse, the school or program shall immediately notify the sending LEA in writing; and

 

(d)In the event that the sending LEA must call an IEP team meeting, whether

as a result of a situation outlined in paragraphs (a) and (b) above or otherwise, the nonpublic special education school or program shall assist the sending LEA in convening the meeting and respect the due process rights afforded to a student and his or her parents under the IDEA.

 

2808.2The sending LEA shall ensure that all data required by OSSE regarding a student with a disability enrolled in a nonpublic special education school or program is entered into the District of Columbia’s Special Education Data System (SEDS) and that such data is accurate, up-to-date and complete.  OSSE shall provide SEDS access to a nonpublic special education school or program limited to the students enrolled in the school or program and in a manner consistent with  the Family Educational Rights and Privacy Act of 1974 (FERPA).  Each nonpublic special education school and program shall cooperate with the LEA to maintain each enrolled student’s IEP in SEDS.  The failure to maintain current data shall be considered a failure to cooperate, as will other actions or omissions that lead to incomplete records.  Under no circumstances shall a nonpublic special education school or program issue a change in location using SEDS.

 

2808.3A nonpublic special education school or program shall implement all components of each student’s IEP, including any items of compensatory education, unless it has been specifically agreed by the IEP team and documented in writing that an entity other than the school or program will implement an item or items on the IEP.

 

 2808.4Pursuant to 34 C.F.R. 300.325I, the sending LEA shall remain responsible for

compliance with the requirements of the IDEA for students served by nonpublic special education schools or programs, and OSSE shall monitor the sending LEA’s compliance with these requirements. 

 

2808.5In the event that the sending LEA has an agreement with the nonpublic special education  school or program for the nonpublic special education school or program to administer or arrange assessments (including reevaluations) to determine continued eligibility for special education and related services or for any other purpose under the IDEA:

 

(a)The nonpublic special education  school or program shall administer or arrange for the provision of assessments consistent with the IDEA and any hearing officer decision governing the assessment pursuant to 34 C.F.R. 300.513; and  

 

(b)The nonpublic special education school or program shall submit an invoice to OSSE for the assessment in the next invoicing period at OSSE established rate in the manner prescribed by OSSE’s guidance or agreements.  In the event that OSSE has not established a rate for the assessment in question, the nonpublic special education school or program must first notify OSSE and receive written approval prior to administering or arranging for the assessment.  OSSE shall respond to such requests within 10 business days.  OSSE shall only pay for assessments at an established rate consistent with the Placement Act.

 

2808.6Pursuant to 34 C.F.R. 300.325(b), IEP team meetings may be initiated and conducted by the nonpublic special education school or program at the request or discretion of the sending LEA.

 

(a) The nonpublic special education school shall provide written notification to and invite the sending LEA to the student’s IEP team meeting.

 

(b) The notice shall include the time, date, and location of the meeting.

 

 

(c) The nonpublic special education school shall document its attempts to invite the sending LEA to the IEP team meeting, as well as the LEA’s involvement with any IEP team decision and the LEA’s agreement with any proposed changes to the IEP which result from any meeting.

 

 

2808.7As part of the IEP team process, staff members of the nonpublic special education school or program who are members of the student’s IEP team shall ensure that each IEP:

 

(a)Meets all the requirements of the IDEA, 20 U.S.C. §1414(d); and 34 C.F.R. 300; 320; 300.321; 300.322 and 300.324;

 

(b)Contains a Behavior Intervention Plan (BIP), whenever appropriate, that is based on a Functional Behavior Assessment (FBA) and includes a plan for crisis management; and

 

(c)Provides for extended school year services (ESY) only if the IEP team decides, on an individual basis, that ESY services are necessary for the provision of a free appropriate public education (FAPE) to the student.

 

2808.8A nonpublic special education school or program shall ensure that the appropriate members of its staff attend all IEP team meetings related to District of Columbia students. If an interpreter is necessary to ensure parent participation, the nonpublic special education school or program shall access the necessary services to ensure that it meets the requirements of the District of Columbia Language Access Act, D.C. Law 15-167, effective April 1, 2004.  In the event an interpreter is not available, the nonpublic special education school or program shall reschedule the meeting. 

 

2808.9A nonpublic special education school or program shall monitor how each student is making progress toward meeting the annual goals of the IEP and produce written reports for the parent(s) and the sending LEA on at least a quarterly basis.

 

2808.10A nonpublic special education school or program shall ensure that the confidentiality of student records is kept strictly in accordance with the FERPA, and any other applicable privacy laws and regulations.   

 

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, 9450 (October 8, 2010).

EditorNote

5 DCMR § 2808 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).