Section 5-A2844. NONPUBLIC SPECIAL EDUCATION SCHOOL OR PROGRAM PLACEMENT AND LOCATION ASSIGNMENT PRINCIPLES

 

2844.1Consistent with section 3 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 § 38-2561.03(Supp. 2010)), unless the placement of a student has been ordered by a District of Columbia Court, federal court, or hearing officer pursuant to IDEA and after the required findings have been made, no student whose education, including special education or related services, is funded by the District of Columbia government shall be placed in a nonpublic special education school or program that:

 

(a)  Allows the use of aversive intervention in its policy or practice; or

 

(b)  Has not received and maintained a Certificate of Approval in accordance

with D.C. Official Code § 38-2561.03(Supp. 2010) and its implementing regulations.

 

2844.2The group of people determining the educational placement of a child with a disability shall make the placement decision in conformity with requisite provisions of District and federal laws and rules. 

 

2844.3 The group of people determining the educational placement of a child with a disability shall ensure that the child’s placement is determined annually, is based on the child’s IEP, and is located as closely as possible to the child’s home. 

 

2844.4Decisions regarding student placement shall give preference to appropriate special education schools or providers located in the District of Columbia; provided that the placement is appropriate for the student and made in accordance with the IDEA and this chapter, special education placements shall be made in the following order of priority:

 

(a)  District of Columbia LEA, including DCPS or a District of Columbia

public charter school;

 

(b)  Another District of Columbia public school outside the student’s enrolled   

LEA pursuant to an agreement between the LEA placing the student and the LEA accepting the student;

 

(c)  Private or residential facility located  in the District of Columbia; or

(d)  Facility located outside the District of Columbia.

 

2844.5A recommendation for a special education placement at a residential school or program shall assure that priority is given to a facility that:

 

(a) Meets the District of Columbia Department of Health Care Finance (DHCF) requirements for a Psychiatric Residential Treatment Facility (PRTF), consistent with 29 DCMR § 948; and 

 

             (b)      Is located in the District of Columbia.

 

2844.6If a PRTF placement within the District of Columbia is not deemed to be appropriate for a student, the appropriate PRTF selected outside of the District of Columbia shall be located at a distance as close as possible to the child’s home. 

 

2844.7In order to place a student in a PRTF, the LEA shall obtain prior written consent from a student’s parent or guardian authorizing the LEA to contact:

 

(a) The District of Columbia Department of Mental Health (DMH) to determine whether the child qualifies for a certification  that  admission to a PRTF is medically necessary; and 

 

(b) DHCF to determine whether the child is eligible or entitled to receive

Medicaid benefits. 

 

2844.8If a student placement is made at a residential facility that does not meet DHCF requirements for classification as a PRTF consistent with 29 DCMR § 948, a decision for placement shall first give preference to an appropriate residential facility located in the District of Columbia; and if an appropriate facility cannot be found within the District of Columbia, the residential facility selected for the student shall be located at a distance as close as possible to the student’s home. 

 

2844.9At each annual meeting to determine a student’s educational placement, the group of people determining the placement shall consider the student’s transportation needs.  Consistent with IDEA requirements and policies issued by the Office of the State Superintendent of Education, preference shall be given to an appropriate school that is located at a distance as close as possible to the student’s home. 

 

2844.10Provided that the placement is appropriate for the student and made in accordance with the IDEA and this chapter, a student placement decision shall give preference to an appropriate school that is accessible by public transportation.  If a student’s IEP includes a provision to include bus transportation for a student as a related service, preference shall be given to an appropriate school that is on an existing bus route serviced by the District of Columbia.

 

2844.11LEAs or a representative of a group making placement decisions may contact OSSE’s Division of Transportation (OSSE DOT) for information about special education schools and providers and the respective bus routes serving them. 

 

2844.12To ensure placement decisions are made on an appropriate and individual basis, no student shall be placed in a:

 

(a)  Nonpublic school or program that requires all students to attend Extended

School Year (ESY) programming regardless of need or as a condition of enrollment;  

 

(b)  “Year-round” school unless the student’s IEP team would otherwise

require ESY service in a school with a traditional calendar or the team has determined that there is no other school or program with a COA that can implement the student’s IEP; or 

 

(c)  Nonpublic school or program that requires all students to attend

programming that is offered outside the time frame of the regular instructional day and is not included in the school or program’s per diem educational rate.

 

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

Notice of Final Rulemaking published at 58 DCR 5442, 5448 (July 1, 2011).