D.C. Mun. Regs. tit. 5, r. 5-A2849

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

Rule 5-A2849 - RATE SETTING - PER DIEM TUITION RATES FOR NONPUBLIC SPECIAL EDUCATION SCHOOLS AND PROGRAMS

2849.1

Except as described in subsections 2849.1 and 2849.2 below, the per diem tuition rate to be paid by the District of Columbia to a nonpublic special education school or program shall be the lowest of the:

(a) Maximum Per Diem Tuition Rate as calculated consistent with this chapter;

(b) Per diem tuition rate the nonpublic school or program charges to the private-paying general public, derived by dividing the total annual tuition by the actual number of school days if necessary; or

(c) Per diem tuition rate set by another state, or political subdivision within a state, as the result of a rate-setting methodology that has been deemed to be reasonable by OSSE.

2849.2

OSSE shall accept the per diem tuition rate set by the state or political subdivision within the state in which the school or program is located when the per diem tuition rate is derived from a standardized rate-setting methodology deemed reasonable by OSSE. If the rate set by the state or political subdivision applies to more than one (1) campus or site, OSSE's acceptance of a combined rate applies to all sites provided all sites have undergone the review and approval process of the rate-setting state.

2849.3

OSSE may accept a rate set by a state or political subdivision within the state other than the state in which the school or program is located that is higher than the Maximum Per Diem Rate as calculated in this chapter, if the higher rate is due to the bundling of related services as permitted by that state.

D.C. Mun. Regs. tit. 5, r. 5-A2849

Notice of Final Rulemaking published at 58 DCR 5442, 5454 (July 1, 2011)

Authority: The State Superintendent of Education, pursuant to the 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)) (Supp. 2010.); 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.) (Supp. 2010); 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 & Supp. 2010).