Section 5-A2809. IMPLEMENTATION OF HEARING OFFICER DECISIONS AND SETTLEMENT AGREEMENTS

2809.1A nonpublic special education school or program shall implement all services ordered by any Hearing Officer Decision (HOD) pursuant to 34 C.F.R. 300.513 and/or a Settlement and Mediation Agreements (SA) entered into pursuant to 34 C.F.R. 300.510(d) and 300.506(b)(6) with respect to each attending student, including all assessments and any items of compensatory education, unless it is specifically agreed and documented by the IEP team that a service or services shall be provided by an entity other than the nonpublic special education school or program.  Failure of an LEA to timely notify a nonpublic school or program of an HOD or SA will not result in any adverse findings against the nonpublic school or program.  Compensatory education shall be invoiced to and paid for by the LEA that is a party to the HOD or SA.

 

2809.2In the event that the nonpublic special education school or program becomes unable to implement any aspect of a student’s HOD or SA, including by reason that the language of a HOD or SA is unclear, not sufficiently specific or not in accordance with subsequent decisions made by the IEP team, the nonpublic special education school or program shall immediately notify in writing the LEA that is a party to the HOD or SA, consult with the LEA regarding whether an IEP team meeting is required and assist the LEA with any IEP team meeting it may schedule.

 

2809.3A nonpublic special education school or program shall immediately notify in writing the LEA that is a party to the HOD or SA if it appears to the nonpublic special education school or program that a required timeline for an evaluation, reevaluation or other compliance requirement of a HOD or SA has lapsed or will imminently lapse.  The nonpublic special education school or program shall also consult with the LEA that is a party to the HOD or SA, regarding whether an IEP team meeting is required and assist the LEA with any IEP team meeting it may schedule.

 

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, 9452 (October 8, 2010).

EditorNote

5 DCMR § 2809 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).