D.C. Mun. Regs. tit. 5, r. 5-A2505

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

Rule 5-A2505 - HOME AND HOSPITAL INSTRUCTION APPROVAL PROCESS

2505.1

Every LEA shall have in effect a home and hospital instruction approval process. The approval process shall require the LEA to:

(a) Not later than two (2) school days after receipt of the request, document a parent's request for the LEA to provide home or hospital instruction for a student in the student's record;

(b) Within two (2) school days after receiving a request:

(1) Make available to the parent a written application (that includes information on the requirements in Section 2504.2) for home and/or hospital instruction, as applicable; and

(2) Provide information to the parent explaining the process for submitting a written application for home or hospital instruction and obtaining a medical certification of need;

(c) Deny an application for home or hospital instruction only if the application or a medical certification of need is missing information or otherwise incomplete, or if a student's IEP requires home or hospital instruction as the student's least restrictive environment under IDEA;

(d) Review a completed application for home or hospital instruction and issue a written decision approving or denying a home or hospital instruction program application within five (5) calendar days of receipt of the completed application; and

(e) Provide a written decision on the submitted application that:

(1) Includes a written explanation of the basis for the approval or denial;

(2) If the LEA approves the application, describes a written plan for the delivery of home or hospital instruction that includes the service delivery location, service to be delivered, identification of virtual and/or in-person service delivery as the method of service, identification of the number of hours per week of direct instruction for eligible students according to the medical certification of need, and the schedule for service delivery;

(3) States specifically, if the LEA denies the application, that the basis for the LEA's determination is that the application or medical certification of need was missing information or incomplete; and

(4) Provides information on the right of a parent to appeal the LEA's approval or denial of the application to the Office of the State Superintendent of Education (OSSE).

2505.2

If home or hospital instruction is approved, during the provision of such instruction the LEA may make reasonable requests for information from the parent concerning the student's continuing medical need for home or hospital instruction and work with a student's parent to develop accommodations or measures that would permit the student to return to school.

D.C. Mun. Regs. tit. 5, r. 5-A2505

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