Section 5-A2842. FINDINGS, CORRECTIVE ACTION AND PROCEEDING TO CHANGE CERTIFICATE OF APPROVAL STATUS

 

2842.1At least once within the period of validity for each certificate of approval, OSSE shall, based on its monitoring activities, make written findings, documenting noncompliance with the Placement Act and other applicable laws and rules.

 

2842.2Any finding of noncompliance that constitutes a violation of D.C. Official Code

§38-2561.11(a) shall be clearly documented. 

 

2842.3In the event OSSE determines a special education school or program has violated D.C. Official Code §38-2561.11(a), OSSE may in its discretion take action with regard to the status of the school’s certificate of approval.

 

2842.4If OSSE makes one or more findings of noncompliance, whether or not such

findings constitute violations of D.C. Official Code §38-2561.11(a), OSSE may order the nonpublic special education school or program to correct the  violation(s) within a specific timeframe, and may require the school or program to produce and implement a corrective action plan.  Failure to comply with a corrective action, may, at OSSE’s discretion, result in a notification of a proceeding to deny, revoke, refuse to renew or suspend the nonpublic special education school or program’s certificate of approval.   

 

2842.5Pursuant to D.C. Official Code §38-2561.11(b), OSSE may, in its discretion, issue a notification of a proceeding to deny, revoke, refuse to renew or suspend a certificate of approval at any time OSSE makes a finding of a violation of D.C. Official Code §38-2561.11(a), with or without providing the school or program an opportunity to correct findings that constitute violations of the law or rules thereunder.

 

2842.6Pursuant to D.C. Official Code §38-2561.11(b), a written notification of a proceeding to the nonpublic special education school or program shall specify the violations of D.C. Official Code §38-2561.11(a) and the action to be taken, including an intention to deny, revoke, refuse to renew or suspend a certificate of approval; as well as notice of an opportunity for a hearing. In the event a school or program does not timely request a hearing under section A-2843 of this chapter and the Placement Act, OSSE’s intended action shall be final and take effect. OSSE shall deliver notice to the school or program of the final action.

 

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, 9470 (October 8, 2010).

EditorNote

5 DCMR A § 28 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).