D.C. Mun. Regs. tit. 5, r. 5-A2508

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

Rule 5-A2508 - HOME OR HOSPITAL INSTRUCTION SERVICE DELIVERY AND ATTENDANCE

2508.1

An LEA shall begin delivering home or hospital instruction to a student whose application has been approved no later than five (5) school days after the LEA approved the application.

2508.2

An LEA shall identify and provide a minimum number of hours per week of direct instruction for an approved student based on the medical certification or recertification of need.

2508.3

The LEA may adjust the minimum required amount of direct instruction based on the student's schedule and amount of in-school instruction the student is expected to receive.

2508.4

Direct instruction shall be provided in-person by a home or hospital instructor, except that with the consent of the parent, direct instruction may be provided by a home or hospital instructor via real-time videotelephony or asynchronous learning.

2508.5

An LEA may provide direct instruction via videotelephone in real-time or asynchronous learning without a parent's consent in the following circumstances:

(a) During a public emergency, including a public health emergency, declared by the Mayor of the District of Columbia;

(b) When the student has been diagnosed with a communicable disease as defined in 22-B DCMR Chapter 2, or any superseding regulation;

(c) When a household member has been diagnosed with a communicable disease as defined in 22-B DCMR Chapter 2, or any superseding regulation, if the student is to receive instruction at home;

(d) When the LEA determines that safety concerns prevent in-person instruction; or

(e) When the student is receiving medical treatment outside of the District of Columbia.

2508.6

An LEA may satisfy the provisions of this section through employing staff to provide instructional services to a student, contracting with private providers to deliver instructional services, contracting with other LEAs to provide instructional services, or combining any of the foregoing delivery options.

2508.7

An LEA shall maintain a student receiving home or hospital instruction on the regular attendance roll and count the student as medically excused, except when a student is not available for home or hospital instruction, in which event the student may be counted absent.

2508.8

The LEA shall ensure due deference to the medical opinions set forth in the medical certification of need, including any medical opinions regarding the return of the student to in-school instruction when medically feasible, including the use of accommodations or supports recommended by the medical professional.

2508.9

Upon return of the student to in-school instruction, an LEA may propose accommodations to allow the student to remain in school. Such accommodations must be agreed upon in writing by the medical professional signing the medical certification of need who agrees that such accommodations meet the medical needs of the student and permit in-school instruction.

D.C. Mun. Regs. tit. 5, r. 5-A2508

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