Section 5-A2854. RATE-SETTING - ADMINISTRATION AND APPEALS

 

2854.1OSSE shall publish and maintain on its website a list of nonpublic special education schools and programs providing special education services to District of Columbia students. 

 

2854.2 OSSE shall be responsible for processing all payments for services provided to students attending nonpublic special education schools or programs paid for by the District of Columbia and shall:

 

(a) Issue written guidance with regard to OSSE’s payment policies and  procedures;

 

(b) Issue written guidance for dispute resolution with regard to payments made under the Placement Act and this chapter;

 

(c) Publish rate and payment related guidance on the OSSE website; and

 

(d) Publish the components of the annual rate calculation formula on the OSSE website. 

 

2854.3The exclusive means for a nonpublic special education school or program to appeal a rate established by OSSE under the Placement Act or this chapter is the reconsideration review process before the rate reconsideration panel established by the Placement Act.

 

2854.4The rate established by OSSE shall remain in effect pending a final decision of the rate reconsideration panel.  

 

2854.5A rate shall be eligible for reconsideration only for matters that relate to the ability of the nonpublic special education school or program to meet the requirements of an IEP for a student placed by a District government agency. In order to be heard and considered, a nonpublic special education school or program’s written request for reconsideration of a rate established under this chapter shall:

 

(a) Be filed with OSSE within thirty (30) calendar days after the school or program receives notification of the rate established by OSSE under this chapter; 

 

(b) State with specificity the relief requested;

 

(c) Include documented data and analysis to justify the request for a specific rate and an explanation why the special education services required by the District student’s IEP could not be met at the established rate; and

 

(d)Provide any other information deemed appropriate by the rate reconsideration panel to allow an analysis of the claim.

 

2854.6The rate reconsideration panel may in its discretion review individual exceptions for a student the panel determines has unique or highly specialized needs that cannot be properly addressed and funded through the aggregate rate.  In the case where reconsideration is being requested for an individual exception to an aggregate rate, the requesting party shall:

 

(a) Justify with specificity the necessity to pay for services at a rate in excess of an established rate;

 

(b)       Demonstrate the existence of the student’s unique or highly specialized needs;

 

(c)Include documented data and analysis to justify the request for a

specific rate and an explanation why the special education services required by the District student’s IEP could not be met at the established rate; and

 

(d) Provide any other information deemed appropriate by the rate

reconsideration panel to allow an analysis of the claim.

 

2854.7 Upon receipt of a timely request for reconsideration that conforms with the

requirements of the Placement Act and this chapter, OSSE shall convene and provide administrative support to the rate reconsideration panel in conformance with the Placement Act. OSSE shall establish guidance with regard to the panel hearing process and member conduct, including:

 

(a) Confidentiality requirements;

 

(b) Member duties, responsibilities, and prohibitions against representations or public statements related to panel membership;

 

(c) The rate reconsideration hearing procedures, including a requirement to issue a panel decision within forty-five (45) days after the date of the receipt of a request for reconsideration; and

 

(d) Specifications regarding the official record.

 

2854.8The rate reconsideration panel may require a nonpublic special education school or program requesting reconsideration of a rate to provide the panel with further documentary evidence required to make a decision and may establish deadlines for the submission of such evidence.           

 

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, 5459 (July 1, 2011); corrected by Errata Notice published at 58 DCR 5851 (July 15, 2011).