Section 5-A2833. INVOICING

 

2833.1A nonpublic special education school or program shall submit to OSSE invoices for special education services in conformance with the service rates established in this chapter and consistent with policies and procedures applicable to payments to nonpublic special education schools, programs, and providers. 

 

2833.2DELETED.

 

2833.3An invoice shall include the following information for each student:

 

(a) Student name, date of birth, and the unique student identification

number if one has been assigned; 

(b) The name of the District of Columbia agency responsible for placing the student at the nonpublic special education school or program. The responsible agency for:

 

(1) Day nonpublic special education schools and programs is the LEA that placed the student under IDEA; and

 

(2) Residential nonpublic special education schools and programs there may be more than one (1) responsible agency, which may include the Department of Youth Rehabilitation Services (DYRS), the Child and Family Services Agency (CFSA), or the Department of Mental Health (DMH).

 

(c)The name of the LEA responsible for ensuring FAPE;

 

(d)The tuition rate per diem consistent with this chapter;

 

(e) The number of tuition days billed for on the invoice;

 

(f) Specific itemization of related services provided, including the frequency of each service and the unit of service provided on a per hour or per diem basis as appropriate;

 

(g)The student’s Medicaid number, if provided by the parent or the sending LEA; and 

 

(h)An attendance report including specific days of attendance and absence

(identified as excused or unexcused).  All absences will be presumed to be unexcused unless otherwise marked.

 

2833.4Policies and procedures related to invoicing shall be published and made available by OSSE. 

 

2833.5A nonpublic special education school or program or related service provider shall obtain from OSSE a written rate confirmation prior to submission of an invoice.

 

2833.6A nonpublic special education school or program or related service provider shall not submit an invoice based upon a bundled or packaged rate methodology when invoicing the District of Columbia government, unless:

 

(a) OSSE has accepted the per diem rate established by another state, or political subdivision within a state, based upon a rate setting methodology that has been deemed reasonable by OSSE; and

 

(b) The bundling of related services within the rate submitted to OSSE is permitted or required by that state or political subdivision. 

 

2833.7 If a rate OSSE has previously confirmed is modified, written notification shall be given to OSSE, including copies of any related documents and communications with the rate-setting state or political subdivision regarding budget adjustments, rate adjustments, staffing vacancies, or other rate related matters. 

 

2833.8OSSE shall not accept for payment invoices submitted more than six (6) months after the date the services were provided, unless such payments are specifically mandated by an HOD or court order resulting from a due process hearing under IDEA.

 

2833.9OSSE shall apply a debit to the account or seek a refund from a nonpublic special education school or program determined to have charged a duplicative fee or a fee in excess of a rate approved under this chapter.

 

2833.10If a nonpublic special education school or program subcontracts with another individual or entity to deliver some or all of a student’s services, the subcontracted service provider may not bill OSSE directly.  The nonpublic special education school or program must incorporate any such legitimate costs into its invoice for the student in accordance with approved rates and applicable invoicing requirements. 

 

2833.11OSSE shall not pay for services associated with any form of homebound instruction without proof of prior written approval from the responsible LEA and approval from OSSE. OSSE shall determine the applicable rates for such services on case-by-case basis for each individual student.

 

2833.12A nonpublic special education school or program may not invoice OSSE for non-educational costs unless specified in a student’s IEP or in an HOD or court order resulting from a due process hearing under IDEA. OSSE shall not be responsible for non-educational costs for students placed into a nonpublic school or program by non-educational District of Columbia agencies including without limitation placements made by the District of Columbia Department of Youth Rehabilitation Services (DYRS), the Child and Family Services Agency (CFSA), and the Department of Mental Health (DMH).

 

2833.13The first billing day for a student shall be the first full day of attendance at the nonpublic special education school or program. 

 

2833.14A nonpublic school or program shall provide a copy of any invoice submitted to OSSE, to an LEA upon request.

 

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, 9465 (October 8, 2010); as amended by Final Rulemaking published at 58 DCR 5442, 5446 (July 1, 2011); as amended by Final Rulemaking published at 59 DCR 7495, 7503 (June 22, 2012).

EditorNote

5 DCMR A § 2833 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).