Section 5-A2904. DISPUTE NOTIFICATION AND FINAL DISPUTE DECISION

 

2904.1OSSE or an LEA shall dispute an invoice for services, or the adequacy of the information provided, by transmitting a dispute notification electronically, by facsimile, by hand delivery or by mail, not later than the 5th or 15th day of the month after the corresponding invoice processing date as defined in § 2999.

For example and as noted above, if an invoice is received on March 3, it will be processed as if received on March 5, and the undisputed amount must be paid in full by April 5; if OSSE or the LEA disputes all or a portion of that invoice the dispute notice must be filed by April 5. If an invoice is received on March 6, it will be processed as if received on March 15. The undisputed amount of the invoice shall be paid in full by April 15.  If OSSE or the LEA dispute all or a portion of that invoice, the dispute notification to the provider is due by April 15. Finally, an invoice received on March 16 shall be processed as if received on April 5, and the undisputed amount of that invoice is due to be paid to the provider by May 5.

 

2904.2Receipt of a dispute notification is deemed to be effective the date the notification is delivered to the provider or three (3) days after the postmark in the event a dispute notification is mailed.  The dispute notification constitutes the final dispute decision by OSSE or the LEA.

 

2904.3The dispute notification shall include the following information: 

 

(a) A detailed description of the basis for the dispute, including documentation and policies relied upon;

 

(b) The name(s) of the student(s);

 

(c) Identification of the specific service(s) being disputed;

 

(d) Date(s) of the service(s) being disputed;

 

(e) The amount of the dispute;

 

(f) The invoice identification number and payment due date of the 5th or 15th day of the month;

 

(g) Documentation to support a dispute shall include as appropriate: a cost sheet, identification of IEP, HOD, court order, settlement agreement, policy and/or other administrative documentation, a copy or description of the relevant portions of such documents.  The provider may request that complete copies of such documents be furnished, if necessary for full consideration of the issues in dispute; and 

 

(h) A dispute notification shall notify the provider of the procedures that the provider must follow in order to object to the dispute, including the provider’s right to seek a hearing before the OAH no later than seventy-five (75) calendar days after the invoice processing date. The notification shall also include contact information for requesting a hearing before the OAH.

 

2904.4The parties may seek to resolve disputes informally at any time.

 

 

 

authority

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. 2011); 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.) (2011 Supp.); and Mayor’s Order 2007-149 (June 28, 2007).

source

Final Rulemaking published at 59 DCR 7495, 7499 (June 22, 2012).