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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 5. EDUCATION |
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SubTilte 5-A. OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION |
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Chapter 5-A28. NONPUBLIC SPECIAL EDUCATION SCHOOLS AND PROGRAMS SERVING STUDENTS WITH DISABILITIES FUNDED BY THE DISTRICT OF COLUMBIA AND SPECIAL EDUCATION RATES |
Section 5-A2899. DEFINITIONS
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Any term used in this chapter that is not otherwise defined herein, has the same meaning as the D.C. Official Code §§ 38-2561 et seq. and the IDEA 20 U.S.C. §§ 1400 et seq.
Americans with Disabilities Act - Americans with Disabilities Act of 1990, (P.L. 101-336, 104
Stat 327, approved July 26, 1990) as amended, 42 U.S.C. §§ 12101 et seq.
Abuse - as defined in D.C. Official Code § 16-2301.
Behavior Intervention Plan or BIP – is a written plan that describes: how an educational setting will be changed to improve the behavioral success of a student; the teaching that will occur to give the student alternative ways of behaving; the consequences that will be provided to (a) encourage positive behavior, (b) limit inadvertent reward of problem behavior, and (c) where appropriate, discourage problem behavior; and procedures for ongoing assessment to determine if the BIP is being implemented correctly and if implementation is resulting in benefits for the student.
Bundled or Package Rate Methodology - use of a single invoice for groups of services to students with disabilities without documentation of the actual delivery of services or their costs on an individual per student basis, and which therefore does not qualify for Medicaid reimbursement under federal guidance.
Days – calendar days unless otherwise noted.
Evaluation - an assessment conducted by a professional certified to conduct such an assessment for students suspected of or diagnosed with a disability defined herein.
Extended school year services or ESY services – are special education and related services that are provided to a student with a disability beyond the normal school year in accordance with a student’s IEP, provided at no cost to the parents of the student, and meet the standards of the SEA.
Family Educational Rights and Privacy Act or FERPA - Family Educational Rights and Privacy Act of 1974, Elementary and Secondary Education Amendments Act, approved August 21, 1974 (P.L. 93-380; 88 Stat 571 as amended , 20 U.S.C. § 1232g); and implementing rules at 34 C.F.R. Part 99.
Full approval status - the recognition by OSSE that a nonpublic special education school or program has demonstrated an ability to comply with the standards of this Chapter, and has successfully completed an application for a certificate of approval.
Functional behavior assessment or FBA – is a process for identifying (a) observable problem behaviors, (b) the contexts or routines where the problem behaviors are most likely, (c) the specific antecedent events within a context or routine that reliably predict occurrence of problem behaviors, and (d) the consequences that appear to maintain the problem behavior.
Individuals with Disabilities Education Act or IDEA - Individuals with Disabilities Education Act, approved November 29, 1975 (P.L. 94-142; 89 Stat. 773, as amended, 20 U.S.C. §§ 1400 et seq.).
Individualized education program or IEP - a written plan that specifies the special education and related services to be provided to meet the unique educational needs of a student with a disability, in conformance with the IDEA (See 20 USC § 1414(d)).
Material event – a change of circumstances or requirements related to a nonpublic special
education school or program’s permit or license; a change in accreditation status; change of
financial status or court protection; a major change in program offerings; a change in
ownership, management or leadership of the school or program including administrative director,
principal or chief executive officer.
Mechanical restraint - the use of a physical device to restrict the movement of a student or the movement or normal function of a portion of his or her body. A protective or stabilizing
device ordered by a physician shall not be considered mechanical restraint.
Neglect - as defined in D.C. Official Code § 16-2301.
Nonpublic special education school or program - a privately owned or operated preschool, school, educational organization, or program, no matter how titled, that maintains or conducts classes for the purpose of offering instruction, for a consideration, profit, or tuition, to students with disabilities; provided that the term “nonpublic special education school or program” shall not include a privately owned or operated preschool, elementary, middle, or secondary school whose primary purpose is to provide educational services to students without disabilities, even though the school may serve students with disabilities in a regular academic setting.
OSSE - the Office of the State Superintendent of Education for the District of Columbia.
Parent - as defined in the IDEA, 20 U.S.C. § 1401(23) and 34 C.F.R. 300.30.
Personnel – any individual on site at a special education school or program or a person who works with a student on a full-time, part-time, temporary or contractual basis who is paid for services or volunteers service without monetary or other compensatory benefit.
Physical restraint - the use of bodily force to limit a student’s freedom of movement.
Placement Act - 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.).
Probationary approval status - a demotion from full approval status, granted by OSSE, that requires the nonpublic special education school or program to develop and implement a corrective action plan and timelines dictated by OSSE.
Prone restraint - the use of force and/or use of a physical device to hold a student face down on the floor.
Provider - a facility or person providing a special education or related service to a student with a disability.
Provisional approval status - the less than full approval status granted by OSSE to a nonpublic special education school or program pending the submission of all documentation required for the satisfactory completion of a certificate of approval application.
Psychiatric residential treatment facility or PRTF - a psychiatric facility that is not a hospital and is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on accreditation of Rehabilitation Facilities, the Council on Accreditation of Services for Families and Children, or by any other accrediting organization with comparable standards recognized by the state in which the facility is located and provides inpatient psychiatric services for individuals under the age of twenty-two (22) in conformance with the federal requirements set forth in sections 441.151 through 441.182 of Title 42 of the Code of Federal Regulations (C.F.R.).
Rate - a fee for a special education service, including the per-diem or hourly cost paid to each
nonpublic special education day or residential school (including PRTFs) or program, for tuition, and related services delivered in conformance with an IEP, unless otherwise specified in this chapter.
Receipt Date–the date of actual receipt for hand delivered documents and documents sent
electronically to a designated contact; or three days after the postmark date of transmittal.
Rehabilitation Act- The Rehabilitation Act of 1973, approved September 26, 1973 (P.L. 93-112, 87 Stat 394, as amended, U.S.C. § 12101 et seq.).
Related Service - as defined in the IDEA, 20 U.S.C. § 1401(26); and 34 C.F.R 300.34(a)
Seclusion - the involuntary confinement of a student alone in a room or area from which he or she is physically prevented from leaving, or from which as student believes he or she may not leave, whether or not in a locked area.
Sending LEA – refers to the local education agency (LEA) at which the student remains enrolled while attending a nonpublic special education school or program, that remains responsible for ensuring the provision of FAPE to the student and compliance with the IDEA.
Special education - specialized services for students identified as having disabilities, as provided in section 101 of the IDEA, or students who are individuals with a disability as provided in section 7(8)of the Rehabilitation Act of 1973, 29 U.S.C. § 706(8)).
Student with a disability - a student determined to have one of the conditions, disabilities or impairments listed in D.C. Official Code § 38-2561.01(14) or any other condition, disability, or impairment described in Section 602(3) of the IDEA, 20 U.S.C. § 1401; or in Section 7(8) of the Rehabilitation Act, 29 U.S.C. § 796(8)).
Truancy - the absence of a school-age student from any portion of the school day without a valid excuse consistent with the requirements of the attendance and truancy requirements set forth in chapter A-21 of Title 5 of the DCMR.