Section 5-A2821. ATTENDANCE AND TRUANCY

 

2821.1Consistent with An Act To require the payment of tuition on account of certain persons who attend the public schools of the District of Columbia, and for other purposes, approved September 8, 1960 (74 Stat. 854; D.C. Official Code §§ 38-201,  et seq.(2001)), a nonpublic special education school or program shall require that a District of Columbia student enrolled in its school or program shall attend every regular instructional school day and remain in school until the official closure of the school day, unless otherwise excused. 

 

2821.2A nonpublic special education school or program shall maintain a policy to allow a student to enter and attend school when the student arrives late for school and shall record the student’s tardiness or partial absence if a student fails to attend school for the entire day.   

 

2821.3 A nonpublic special education school or program shall adhere to and maintain

policies and procedures in conformance with the attendance and truancy policies and procedures of each sending LEA (except as provided in subsection 2821.4(b)) and the District of Columbia as set forth in chapter 21 of subtitle A of title 5 of the DCMR.  

 

2821.4If a nonpublic special education school or program serves students placed in its school or program from multiple District of Columbia LEAs, it is the responsibility of the nonpublic school or program to have and make available upon request, a written copy of each respective LEA’s attendance and truancy policy. In consultation with each sending LEA, the nonpublic school or program shall either:

 

(a)  Apply the sending LEA’s policy to each student enrolled in that LEA; or

 

(b)  Select one (1) District of Columbia sending LEA’s attendance policy to

apply to all students attending the nonpublic school or program and provide a written notification of such designation to each LEA and OSSE. 

 

2821.5 The designated attendance policy shall meet the minimum requirements of

chapter 21 of subtitle A of Title 5 of the DCMR and each LEA served by the nonpublic school or program.

 

2821.6A nonpublic special education school or program shall file with OSSE a copy of the District of Columbia LEA attendance policy governing a student whose services are funded by the District of Columbia and shall provide an attendance report to OSSE or an LEA upon request.

 

2821.7 The nonpublic special education school or program shall submit to the sending LEA and OSSE the same attendance report at the time an invoice is submitted to OSSE for payment.  The attendance report shall accurately reflect each student’s attendance for every regular instructional school day, or portion thereof, for the respective billing cycle, identifying excused and unexcused absences.  All absences shall be presumed to be unexcused unless otherwise marked as excused in an attendance report. 

 

2821.8 A nonpublic special education school or program shall notify the sending LEA in

writing no later than two (2) instructional school days after the accrual of five (5) unexcused absences by a District of Columbia student in a marking period or similar time frame so that the student’s LEA may take actions including, but not limited to, the steps required by 5 DCMR A §2103. 

 

2821. 9  A nonpublic special education school or program shall notify the sending LEA, in writing, not later than two (2) instructional school days after the accrual of  ten (10) unexcused absences at any time within the school year.  In each such case the:

 

(a) Nonpublic special education school or program shall consult with

the sending LEA regarding whether or not the current placement or location assignment is appropriate; and

 

(b)Sending LEA shall convene an IEP team meeting as soon as possible to review the student’s absences, to make recommendations as appropriate with regard to intervention strategies including, but not limited to those required by 5 DCMR A §2103, and to make a determination regarding the continued appropriateness of the current placement.

 

2821.10A copy of each notice required by section 2821.9 shall be submitted with the nonpublic school or program’s next invoice submission to OSSE. 

 

2821.11 Failure by a nonpublic special education school or program to comply with the attendance requirements of an LEA, or the attendance documentation required in this chapter, shall limit payment for tuition and related services to the instructional school days that the student was in attendance.

 

2821.12 A nonpublic special education school or program shall obtain written authorization from the responsible LEA to hold a placement open and to continue billing for tuition if a student has accrued:

 

(a)  Ten (10) unexcused absences at any time during the schoolyear; or

 

(b)  Seven (7) consecutive unexcused absences. 

 

2821.13A nonpublic special education school or provider shall not invoice OSSE and OSSE will not pay for tuition or services beginning the fifteenth (15th) consecutive day of a student’s unexcused absence. LEAs remain responsible for ensuring a free and appropriate education (FAPE) is continuously provided to students regardless of OSSE’s authority to pay tuition under this section. 

 

2821.14In its discretion, and upon written request from an authorized official of a sending LEA, OSSE may continue to pay educational tuition to a nonpublic special education school or program in order to ensure that a student will be allowed to return to the school or program after an excused absence and receipt of written confirmation that the student was unable to attend due to a medical disability, hospitalization, incarceration, detention, or placement in a residential facility.

 

2821.15Except as provided for in subsection 2821.14 above, if a student has accrued an extended period of excused absences, a nonpublic school or program may not charge fees for that student’s placement for more than fourteen (14) school days; except, that holds of not more than thirty (30) days may be negotiated on a case-by-case basis, upon written request to OSSE from the responsible LEA, with a written explanation of exceptional circumstances.  OSSE may, in its discretion, accept or deny a written request from the sending LEA to extend the period of time payments shall continue to be made to a nonpublic school or program.

 

2821.16Upon notification from any source that a District of Columbia student placed at a nonpublic special education school or program has been hospitalized, incarcerated, detained, placed at a residential facility, or placed at any other school or program, the nonpublic special education school or program shall:

 

(a)Notify the sending LEA immediately in writing and request written  

information regarding the student’s status and whether or not the student is to be withdrawn from the nonpublic special education school or program;

 

(b) Comply within two (2) business days to a request from the receiving 

facility or the sending LEA for records or other input for the purpose of providing appropriate academic instruction and related services to the student at the new placement; and

 

(c) Inform OSSE, in the attendance report accompanying its next invoice, of

the student’s status, the date on which the nonpublic special education school or program learned of the new placement and, if known, the date on which the new placement was made.

 

2821.17           Unless payment has stopped under any of the provisions above, the final date for

which OSSE shall provide payment is the date on which the nonpublic special education school or program was notified of a student’s changed placement status consistent with provisions of this chapter or the last instructional school day prior to the date a subsequent placement begins billing for educational expenses, whichever date is earlier. 

 

2821.18OSSE, in its discretion, may seek a credit or refund for a payment made to a nonpublic special education school or program after the appropriate end date specified in this chapter.

 

2821.19 Unless a detailed written plan has been submitted to and approved by OSSE in advance, no nonpublic special education school or program shall implement a system of rewards or incentives that provides monetary awards to students for attendance.

 

authority

The State Superintendent of Education, pursuant to the 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)) (Supp. 2010.); 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.) (Supp. 2010); 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 & Supp. 2010).

source

Final Rulemaking published at 57 DCR 9444, 9459 (October 8, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 5442 (July 1, 2011).

EditorNote

5 DCMR A § 2821 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).