D.C. Mun. Regs. tit. 5, r. 5-A2509

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

Rule 5-A2509 - MEDIATION AND APPEALS

2509.1

A parent may appeal an LEA's decision to approve or deny a request for home or hospital instruction by submitting a written request for an appeal to OSSE. An appeal to OSSE shall be submitted within ten (10) calendar days of receipt by the parent of the LEA's written decision. The written request for an appeal shall:

(a) Include the student's name, date of birth, universal student identification number (USI), and the name of the LEA of enrollment and school of attendance at the time of the appeal request;

(b) Describe how the denial or approval decision made by the LEA was not made in accordance with this chapter;

(c) Include a copy of the medical certification or recertification of need in support of the request for home or hospital instruction; and

(d) Include a copy of the written decision of the LEA.

2509.2

If a parent appeals a decision by the LEA to approve a request for home or hospital instruction, the appeal shall be limited to the LEA's decision to approve and shall not include an appeal of the LEA's written plan for implementation of home or hospital instruction.

2509.3

Upon receipt of the parent's request for appeal, OSSE shall provide mediation between the parent and the LEA. OSSE shall provide the parent notice of the proposed mediation date and an opportunity to request an alternative date for mediation. Proposed mediation times must fall within Monday through Friday, 9:00 am through 05:00 pm.

2509.4

The LEA, through the attendance of an authorized decision maker, shall participate in mediation with the parent. OSSE shall deny the appeal of a parent who fails to participate in mediation.

2509.5

If the mediation does not resolve the issues raised by the appeal within eight (8) school days following OSSE's receipt of the appeal or such other time as mutually agreed to by the parties, the appeal shall be reviewed by a three (3)-member appeals panel within OSSE.

2509.6

The following requirements shall apply to review of an appeal by the three (3)-member appeals panel convened by OSSE:

(a) The parent shall have the burden of proof. If a parent is appealing the approval by the LEA of a request for home or hospital instruction, the parent shall be required to submit evidence from a qualified health professional in order to rebut the presumption in favor of the medical certification supporting the application;

(b) There shall be a presumption in favor of the medical opinion set forth in the medical certification of need submitted in support of the request for home or hospital instruction;

(c) In instances where the medical certification of need submitted in support of the request for home or hospital instruction is deemed by the LEA to be incomplete or missing information, the LEA shall have the burden of proof in seeking to rebut the presumption in favor of the medical opinion set forth in the medical certification of need through the submission of evidence from a qualified health professional;

(d) The parent may request an opportunity for oral argument before the appeals panel; and

(e) The appeals panel shall issue a final written decision no later than ten (10) school days following receipt of the appeal.

2509.7

An LEA shall implement the decision of the appeals panel, as applicable, no later than five (5) calendar days following issuance of the decision.

2509.8

An LEA that fails to implement a decision of the appeals panel within five (5) calendar days following issuance of the decision will be subject to OSSE's review of the LEA's home and hospital instruction program and corrective actions to address any identified noncompliance with the requirements of this chapter.

Corrective actions required of the LEA may include revisions to LEA policies and required training or technical assistance.

D.C. Mun. Regs. tit. 5, r. 5-A2509

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