D.C. Mun. Regs. tit. 5, r. 5-A2838

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 5-A2838 - INTIAL APPLICATION FOR CERTIFICATE OF APPROVAL

2838.1

A nonpublic special education school or program seeking a certificate of approval from OSSE shall complete an initial application. Any application shall be made on OSSE's standard form, which shall comply with the requirements of D.C. Official Code § 38-2561.07(e).

2838.2

An initial application by a nonpublic special education school or program shall be made by the nonpublic special education school or program itself. OSSE will not accept an application for a certificate of approval completed and submitted by a parent, advocate, or LEA.

2838.3

OSSE shall not accept or consider incomplete applications.

2838.4

OSSE shall review each application submitted for an initial Certificate of Approval according to the criteria specified in this chapter and shall consult with other District agencies and agencies of other state and local governments as applicable.

2838.5

OSSE shall not grant approval to the educational component of a nonpublic special education residential school or program until all licenses required by local or state law have been awarded. OSSE shall not grant approval to any nonpublic special education school or program lacking a physical location at the time of its application.

2838.6

A certificate of approval shall become effective as prescribed by OSSE. OSSE may, at its discretion, schedule site visits, interviews, or other inspections, and/or consult with counterparts in the host state, District agencies or other relevant stakeholders prior to granting a certificate of approval. OSSE shall provide the applicant with written notice of its actions and the reasons for such actions.

D.C. Mun. Regs. tit. 5, r. 5-A2838

Final Rulemaking published at 57 DCR 9444, 9468 (October 8, 2010)

5 DCMR A § 2838 was originally published in chapter 28 (Certification of Approval for Nonpublic Special Education Schools and Programs Serving Students with Disabilities Funded by the District of Columbia and Special Education Rates. The title to chapter 28 was amended to "Nonpublic Special Education Schools and Programs Serving Students with Disabilities Funded by the District of Columbia and Special Eucation Rates" by Notice of Final Rulemaking published at 58 DCR 5442 (July 1, 2011).

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)) (2010 Supp.); 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.) (2010 Supp.); and 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 and 2010 Supp.).