Section 5-A2845. RATES - GENERAL

 

2845.1OSSE shall establish and publish on an annual basis, or more frequently as needed, maximum rates to be paid for tuition and related services to nonpublic special education schools and programs providing special education and related services to students funded by the District of Columbia. 

 

2845.2Nothing in this chapter shall prohibit OSSE from:

 

(a) authorizing and accepting a rate higher than the rates set by this chapter in situations in which there is no other appropriate placement for an individual child;

 

(b) entering into contracts with nonpublic special education schools or programs for competitive rates or prohibit OSSE from recognizing competitive rates negotiated by District of Columbia LEAs or other District of Columbia agencies; or

 

(c) paying for all IDEA services ordered in an HOD or court order resulting from a due process complaint filed under IDEA.

 

2845.3A nonpublic school or provider shall not submit for approval or charge the District of Columbia at a rate higher than a rate charged to other jurisdictions or to the private-paying general public for the same or a comparable service. 

 

2845.4A nonpublic special education school or program shall provide, upon request, a copy of all tuition and fee schedules provided to or charged to the private-paying general public.

 

2845.5A nonpublic special education school or program shall not require the parents of a student enrolled in its school or program and funded by the District of Columbia, to sign a contract or agreement making the parents responsible for tuition and related services costs.    

 

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, 5451 (July 1, 2011).