D.C. Mun. Regs. tit. 5, r. 5-A2843

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

Rule 5-A2843 - CERTIFICATE OF APPROVAL REVIEW PROCESS

2843.1

A nonpublic special education school or program may request a hearing and opportunity for an oral presentation to review a notification of a violation and intent to take action regarding the school or program's certificate of approval under D.C. Official Code § 38-2561.11(a).

2843.2

A nonpublic special education school or program shall request such hearing in writing, no later than thirty (30) days after the receipt date of a written notification of violation and intent to take action regarding the school or program's noncompliance. A hearing request involving a nonpublic special education school or program's aversive intervention policy or practice shall be submitted to OSSE in writing not later than ten (10) days after the receipt date of the written notification of noncompliance.

2843.3

The hearing request and all submissions shall be addressed to the attention of the Office of the State Superintendent of Education, Office of the General Counsel, Attn: Certificate of Approval Review.

2843.4

The hearing shall be conducted by an independent panel (panel) composed of three (3) but not more than five (5) members selected by the State Superintendent of Education.

2843.5

The panel shall not contain any person who has participated in the determination being reviewed or who is a member of the OSSE Department of Special Education (DSE).

2843.6

The nonpublic special education school or program's written request for a hearing shall be submitted to the OSSE Office of General Counsel and shall include the following:

(a) A concise statement of facts regarding each specific violation, finding, or action of which the school or program seeks review;

(b) The specific basis for opposing each violation, finding or action subject to review, including the identification of any specific document submitted as part of the record to support the nonpublic special education school or program's position;

(c) The specific relief requested;

(d) The statutory and factual justification for the relief requested;

(e) Two copies of all documentary evidence and an index of the documents for consideration by the panel; and

(f) A request for an oral presentation consistent with section A-2843.10 if the school or program seeks an opportunity for an oral presentation at the hearing.

2843.7

OSSE shall respond in writing to the school or program's submissions with regard to the hearing, not later than five (5) days prior to the hearing date. OSSE's submission shall conform to the process set forth in this chapter.

2843.8

The hearing panel's decision shall be based upon the written record including the nonpublic special education school or program's written submission and documentary evidence in support of its request; OSSE's monitoring report or written determination of violations including any attachments; OSSE's notification of noncompliance; a response by DSE; and any other documentation considered relevant by the panel, including additional documentation that may be requested by the independent panel.

2843.9

The hearing shall be held not later than thirty (30) days after the receipt date of the written request for a hearing, except that a hearing shall be held within fifteen (15) days after the receipt date of a request for a hearing in a case involving aversive intervention policies or practice.

2843.10

A written request for oral presentation before the panel shall be submitted at the same time as and included with a request for a hearing. The special education school or program and DSE shall make a representative available to appear before the panel at the time scheduled by the panel. The length of an oral presentation shall be limited to twenty (20) minutes unless otherwise specified by the panel.

2843.11

The nonpublic special education school or program shall continue to provide special education and related services to a District of Columbia student consistent with a student's IEP; and may submit invoices for such services consistent with this chapter and a final decision by the panel.

2843.12

The written decision of the panel shall be issued within ten (10) days after a hearing is concluded.

2843.13

Pursuant to D.C. Official Code § 38-2561.11(b), the decision of the panel is final and not appealable.

2843.14

OSSE shall publish the final decision issued by the panel, and take appropriate action in conformance with the final decision, including specific notification to the nonpublic special education school or program, and other relevant parties as OSSE deems appropriate including LEAs, and other government officials within or outside the District of Columbia.

D.C. Mun. Regs. tit. 5, r. 5-A2843

Final Rulemaking published at 57 DCR 9444, 9471 (October 8, 2010)

5 DCMR A § 2843 was originally published in chapter 28 (Certification of Approval for Nonpublic Special Education Schools and Programs Serving Students with Disabilities Funded by the District of Columbia and Special Education Rates. The title to chapter 28 was amended to "Nonpublic Special Education Schools and Programs Serving Students with Disabilities Funded by the District of Columbia and Special Eucation Rates" by Notice of Final Rulemaking published at 58 DCR 5442 (July 1, 2011).

Authority: Set forth in sections 3(b)(8) and (11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(8) and (11)) (2010 Supp.); sections 101 et seq. of the Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code § 38-2561.01 et seq.) (2010 Supp.); and Mayor's Order 2007-149 (June 28, 2007), and Article II of An Act to provide for compulsory school attendance, and for other purposes, approved February 4, 1925 (43 Stat. 805; D.C. Official Code §§ 38-202 et seq.) (2001 and 2010 Supp.).