D.C. Mun. Regs. tit. 5, r. 5-E3803

Current through Register Vol. 71, No. 50, December 13, 2024

Rule 5-E3803 - PLACEMENT IN PRIVATE SCHOOL BY SEA OF STUDENTS WITH DISABILITIES

3803.1

The SEA shall ensure that each child with a disability placed in or referred to a private school or facility by the SEA:

(a) Receives special education and related services, at no cost to the parent and in conformance with an IEP that meets the requirements of this chapter;

(b) Has all of the rights of a child with a disability who is attending public school; and

(c) Verifies District residency or ward status prior to issuance of a notice of placement.

3803.2

When the SEA places a child with a disability in a private day or residential school, the LEA shall include in the child's IEP the circumstances under which the child would be eligible to return to a public school in a less restrictive environment.

3803.3

To the extent possible, the SEA shall enter into a contract or agreement with each private day or residential school in which it places a LEA student. Each such contract shall include the following requirements which the private school involved must meet:

(a) The private school shall comply with all elements of the IEP for the LEA student and shall provide, in writing, to the SEA detailed documentation of such compliance;

(b) At least quarterly, the private school shall review the progress of each LEA student toward meeting the criteria for placement of the student in a less restrictive environment. If the student has met the criteria, the private school shall inform the SEA;

(c) The private school shall allow the SEA and other District and Federal agencies, as necessary, to monitor and evaluate the education of a LEA student and shall make available to authorized SEA personnel any records pertaining to the student in accordance with District and Federal law and regulations;

(d) The private school shall allow the SEA and other District or Federal agencies, as necessary, to inspect its facilities and observe its operation at any reasonable time;

(e) The private school shall afford LEA students attending its facility all the Federal and District substantive and procedural rights held by other LEA students and shall comply with all policy statements and directives issued by the SEA;

(f) Each professional of the private school who teaches or works directly with students shall be duly certified or licensed by the jurisdiction in which the facility is located to work with the types of disabilities which the facility purports to serve;

(g) The facility shall be duly licensed or certified by the jurisdiction in which it is located in compliance with all Federal, state, and local laws. The licensure or certification must include evidence that the facility is in compliance with all applicable health, safety, and fire regulations, codes, and ordinances;

(h) The facility shall not impose any fee upon the parent or guardian of a LEA student which is specifically approved within the scope and terms of the contract between the facility and the SEA, nor shall the payment of any fees by the parent or guardian be established as a prerequisite for the acceptance of the student placement; and

(i) The facility shall agree to a written statement in the contract with the SEA that the facility does not discriminate against any employee or applicant for employment on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residency or business.

(j) No payment for goods received or services rendered by a private school shall be authorized without benefit of a valid written contract and submission of attendance records and any other reports requested unless the payment is required by a court order or a final administrative decision resulting from a due process hearing.

3803.4

The SEA shall not pay private schools amounts that exceed District-established rates unless such payments are required by court order or final administrative decision resulting from a due process proceeding.

3803.5

The SEA shall not contract with a private school that has been determined by a District agency or any other state or Federal agency to have engaged in any abusive or fraudulent billing practices.

D.C. Mun. Regs. tit. 5, r. 5-E3803

Final Rulemaking published at 49 DCR 8886, 8886-88 (September 27, 2002)