D.C. Mun. Regs. tit. 5, r. 5-A2503

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-A2503 - HOME AND HOSPITAL INSTRUCTION FOR STUDENTS WITH DISABILITIES UNDER THE IDEA

2503.1

Nothing in this chapter shall be construed to supersede the requirements of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400et seq.) with regard to an LEA's obligation to determine the educational placement in the least restrictive environment for a student with a disability under the IDEA.

2503.2

When a parent makes a request for home or hospital instruction for a student who is suspected of being or is eligible for special education services under the IDEA, the LEA shall:

(a) Provide the parent with notice of the procedural safeguards under the IDEA defined by 34 CFR § 300.504; and

(b) Consider whether the request for home or hospital instruction could impact the student's educational placement in the least restrictive environment, and if so, convene a placement determination team to review and revise the educational placement of the student, as appropriate, and to review and revise the student's IEP, as appropriate.

2503.3

If an LEA convenes a placement determination team to review whether the educational placement of a student with a disability should be changed, the determination and eligibility for home or hospital instruction shall be governed by the IDEA and any applicable District law or regulation governing IDEA rather than the standards in this chapter.

2503.4

If a student with a disability is placed in home or hospital instruction in accordance with the IDEA, the provision and duration of services shall be governed by the IDEA and any applicable District law or regulation governing IDEA rather than the standards in this chapter.

D.C. Mun. Regs. tit. 5, r. 5-A2503

Final Rulemaking published at 70 DCR 6850 (5/12/2023)