122.1The Rehabilitation Services Administration may fund post-secondary educational expenses in accordance with this section, and as specified in an eligible person's Individualized Plan for Employment (IPE).
122.2The Rehabilitation Services Administration may fund post-secondary education and training consistent with this section, if an eligible person requesting postsecondary educational services:
(a) Provides documentation of acceptance for matriculation from an accredited post-secondary institution as defined in section 199;(b) Demonstrates the aptitude and ability to succeed in college level work in the particular course of study identified in the IPE;(c) Resolves any defaulted student loan or obtains a waiver from the Department of Education regarding any defaulted student loan;(d) Consults with the Rehabilitation Services Administration to identify potential sources of financial assistance and submits an application for financial assistance annually to the following: (1) The post-secondary institution the person is attending or to which the person has applied;(2) The D.C. Tuition Assistance Grant, if applicable;(3) The D.C. College Access Program Last Dollar Award;(4) All other District-funded educational financial assistance programs and school grants;(5) The U.S. Department of Education (The Free Application for Federal Student Aid (FAFSA)); and(6) All other applicable federal grant programs.(e) Provides the Rehabilitation Services Administration a copy of the FAFSA Student Aid Report (SAR) and any other aid award from each source; and(f) Signs the Rehabilitation Services Administration's form authorizing the post-secondary institution to provide the Rehabilitation Services Administration with information relating to the person's training or educational program, including, but not limited to: (1) A copy of the person's official transcript;(2) A copy of the person's grades at the conclusion of each semester;(4) Financial awards; and(5) Notice of any disciplinary or adverse action; and(6) A copy of the person's Americans with Disabilities Act (ADA) accommodation plan.122.3The Rehabilitation Services Administration shall pay for post-secondary tuition costs in accordance with subsections 122.4, 122.5, and 122.6, only if the academic program(s) is necessary to achieve the person's vocational goal.
122.4If a public post-secondary institution ("public institution") located in the Washington, D.C. Metropolitan Area ("Area") offers an academic program necessary to achieve the person's vocational goal and the person chooses to attend that institution, the Rehabilitation Services Administration shall pay the published tuition rate of that particular public institution.
122.5 If a public institution located in the Area offers an academic program necessary to achieve the person's vocational goal, but the person chooses to attend a private post-secondary institution ("private institution") that is also located in the Area, the Rehabilitation Services Administration shall pay the published tuition rate of the University of the District of Columbia.
122.6(a) If either a public or private institution located in the Area offers an academic program necessary to achieve the person's vocational goal, but the person chooses to attend a post-secondary institution (whether public or private) that is located outside of the Area, the Rehabilitation Services Administration's support for tuition shall be based on:(1) The tuition rate published by the University of the District of Columbia for the applicable number of credit hours and academic term; or(2) The published tuition rate for the necessary training program that is available within the Area if the training program is not based on credit hours.(b) If there is no public or private institution located in the Area that offers an academic program necessary to achieve the person's vocational goal, the Rehabilitation Services Administration will pay the full tuition and fees, room and board, and related transportation costs for the out of state institution necessary to achieve the person's vocational goal, subject to all relevant provisions of this chapter.122.7(a) The person shall be responsible for educational/training costs in excess of the payment rates and restrictions established in this chapter.(b) Daily transportation associated with educational/training costs shall be paid in accordance with the Rehabilitation Services Administration written policy, procedures and protocols.(c) Non-daily transportation associated with educational/training costs shall be paid by the Rehabilitation Services Administration if such costs are not covered through the financial needs test under section 124, or when an exceptional circumstance is established under subsection 122.9. Non-daily transportation will be paid using the most cost-effective means of travel subject to the following conditions:(1) When a person resides in on-campus housing, the Rehabilitation Services Administration will pay for non-daily transportation at the beginning and end of each academic term/semester, and otherwise when on-campus college/university housing is closed during the academic calendar year in which the person is actively enrolled and engaged in a program of study; or(2) When a person resides in off-campus housing, the Rehabilitation Services Administration will pay for non-daily transportation at the beginning and end of each academic term/semester in which the person is actively enrolled and engaged in a program of study.122.8 The amount of financial assistance the Rehabilitation Services Administration may provide for post-secondary educational and training expenses for each eligible person shall not exceed the amount specified in the annual student expense budget determined by the post-secondary institution's financial aid administrator, in accordance with the Higher Education Act of 1965 (20 U.S.C. Ch. 28 §§ 1001 et seq.) as amended:
(a) Adjusted to reflect the amount of tuition established under subsections 122.4, 122.5 or 122.6;(b) Plus the cost of educational and training-related expenses that are required to enable the person to have access to and participate in the institution's educational or training program, such as:(1) Disability-related support services for which the institution is not responsible;(2) Adaptive equipment for which the institution is not responsible in accordance with section 120; and(3) Books and supplies in accordance with section 120.(c) Minus the amount of:(1) Grants and scholarships awarded to the person to attend the postsecondary institution; and(2) The person or family financial participation in accordance with section 124.122.9 The Rehabilitation Services Administration shall not fund on or off-campus room and board, except in exceptional circumstances. Exceptional circumstances shall be documented annually, comply with subsection 122.11, and be limited to the following:
(a) Room and board are necessary to accommodate a person's disabilities, as documented by a professional with expertise in the area of the person's disability, and the person is actively engaged in an educational or training program; or(b) Room and board are necessary for the person receiving services outside of the Washington, D.C. Metropolitan Area, as follows:(1) If an person is enrolled and actively engaged in a college/university or vocational certificate program of study and that same or similar program is not available at any post-secondary institution (whether public or private) within the Washington, D.C. Metropolitan Area; or(2) If a person is enrolled and actively engaged in a training program of one year or less in duration, and the same or similar training program is not available within the Washington, D.C. Metropolitan Area.122.10 An eligible person who is receiving post-secondary educational expenses in accordance with this section, shall continue to receive financial assistance if the person:
(a) Maintains eligibility in accordance with section 103;(b) Maintains a minimum cumulative grade point average of C or its equivalent, computed annually if enrolled in undergraduate studies; or maintains a minimum cumulative grade point average of B or its equivalent, if enrolled in graduate studies;(c) Maintains eligibility for financial aid (including for the federal Pell Grant) in accordance with the post-secondary institution's written criteria for satisfactory academic progress toward a degree, certificate, or certification;(d) Unless exceptional circumstances warrant a change, attends only one postsecondary institution per academic/training year, transferring only after receiving prior approval of the Rehabilitation Services Administration and the amendment of the IPE to reflect the new institution;(e) Secures the prior approval of the Rehabilitation Services Administration and amends the IPE to specify any change(s) before changing the course of study or the major agreed upon in the person's IPE;(f) Keeps current his or her financial obligations with the post-secondary institution;(g) Participates in annual reviews for financial participation in the cost of services pursuant to section 124;(h) Resolves any defaulted student loans or obtains a waiver from the Department of Education regarding any defaulted student loans;(i) Annually submits a financial aid application in accordance with subsection 122.2(d);(j) Annually provides the Rehabilitation Services Administration a copy of the FAFSA Student Aid Report (SAR) and any other aid awards or scholarships from all sources in accordance with subsection 122.2(e); and(k) Signs the Rehabilitation Services Administration's form authorizing each post-secondary institution to provide the Rehabilitation Services Administration with information relating to the person's training or educational program pursuant to subsection 122.2(f), at the end of each semester, for the duration of any training program, and the institution has provided the person's cumulative grade point average.122.11A person must obtain prior written approval from the Rehabilitation Services Administration for any costs the person expects the Rehabilitation Services Administration to assume. The Rehabilitation Services Administration shall not be responsible for the payment of any post-secondary educational or training costs that the person may incur before receiving the Rehabilitation Services Administration's written commitment to fund the costs at the post-secondary educational or training institution.
122.12The Rehabilitation Services Administration shall authorize and process payment of post-secondary educational and training expenses, consistent with sections 119 and 120, and this section, only after:
(a) The Rehabilitation Services Administration receives the person's cumulative grade point average at the end of each academic year; and(b) The institution submits to the Rehabilitation Services Administration an invoice that states at a minimum, the costs for courses, training, registration, fees, and other agreed upon services; and(c) The Rehabilitation Services Administration receives documentation from the training institution that the client has paid his or her authorized share of training costs.122.14 The Rehabilitation Services Administration shall not fund the costs of a postsecondary education for, at the least, the academic semester following:
(a) Dismissal by a post-secondary institution;(b) The person's failure to maintain satisfactory academic or other progress in accordance with the institution's academic or performance requirements or financial aid eligibility criteria; or(c) The person's failure to meet the institution's requirements for progress toward earning a degree or to earn the requisite certificate for the course of study.122.15 Subsequent to subsection 122.14, the Rehabilitation Services Administration may reconsider funding costs of post-secondary education if the person:
(a) Provides documentation of successful completion of a C or better while maintaining a full-time schedule at a post-secondary educational institution for one semester; and(b) Complies with the requirements set forth in subsection 122.2.122.16 The Rehabilitation Services Administration may consider or reconsider a person's written request to pursue a post-secondary educational program on less than a full-time basis,
(a) Only if the request is accompanied by written documentation from a licensed professional with expertise in the area of the person's disability, who has assessed the person's capabilities and determined the person's need for a reduction from full-time attendance due to their disability. The person shall submit the request and written documentation annually; or(b) The person provides documentation that less than full-time attendance is the only way that he or she can pursue the educational or training program.122.17The Rehabilitation Services Administration shall not provide financial assistance for a person to:
(a) Enroll in a course that is not required for completion of the educational or training program;(b) Engage in travel that is not a requirement for completion of the course of study, or training or travel outside of the United States; or(c) Repeat a course or training program for which the Rehabilitation Services Administration has already paid, unless documentation establishes that exceptional circumstances warrant authorization to repeat the course.122.18 A person shall not withdraw from a course after the institution's drop and add period is over without receiving the Rehabilitation Services Administration's prior approval. This requirement for prior approval includes, but is not limited to, instances where the person has a medical certification of incapacitation that prevents further matriculation.
122.19A person who fails to comply with subsection 122.18 shall be responsible for paying the institution any costs associated with the person's unauthorized withdrawal.
122.20A person receiving funding for post-secondary education or related expenditures shall notify the Rehabilitation Services Administration immediately of any change in his or her status as a student or trainee, such as:
(a) Dismissal, probation or suspension from a post-secondary institution or training program;(b) Interruption in courses or training for any reason;(c) Disciplinary actions that affect completion of the post-secondary or training program; and(d) Changes in financial awards or the training institution's authorization.122.21A person who fails to comply with subsection 122.20 may be responsible for paying the academic or training institution any costs associated with the person's failure to report an immediate change in his or her status as a student or trainee.
122.22 The Rehabilitation Services Administration shall not pay for the costs of postsecondary education for the semester in which the person fails to comply with subsection 122.20.
122.23 The Rehabilitation Services Administration may provide financial assistance to an eligible person for graduate education only when:
(a) Graduate or professional certification is documented as a commonly recognized standard for entry into the field which is the employment goal on the IPE;(b) The approved IPE states that graduate or professional education is necessary to the achievement of the person's employment goal;(c) The graduate or professional school has accepted the person;(d) The Rehabilitation Services Administration approves the request for graduate or professional study; and(e) The person who is enrolled in a graduate or professional program maintains the grade point average required by the graduate or professional school for progress toward the specific degree or certificate.122.24 A person who is receiving services under an IPE before December 26, 2014 shall not be subject to subsections 122.3, 122.4, 122.5, and 122.6 unless:
(a) The vocational goal identified in the IPE is achieved;(b) The person's record of service is closed; or(c) The person changes their vocational goal, course of study, or major agreed upon in the person's IPE.D.C. Mun. Regs. tit. 29, r. 29-122
Final Rulemaking published at 50 DCR 6189 (August 1, 2003); as amended by Final Rulemaking published at 54 DCR 6020 (June 22, 2007); as amended by Final Rulemaking published at 57 DCR 4612, 4613 (May 28, 2010); as Amended by Final Rulemaking published at 61 DCR 13137 (December 26, 2014); Final Rulemaking published at 68 DCR 12929 (12/10/2021) Authority: D.C. Official Code § 7-761.09 (2007 Supp.)