Statutes, codes, and regulations
District Of Columbia Administrative Code
Title 5 - EDUCATIONSubtitle 5-A - OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
Chapter 5-A28 - NONPUBLIC SPECIAL EDUCATION SCHOOLS AND PROGRAMS SERVING STUDENTS WITH DISABILITIES FUNDED BY THE DISTRICT OF COLUMBIA AND SPECIAL EDUCATION RATES
Rule 5-A2852 - RATE SETTING - RELATED SERVICES

D.C. Mun. Regs. tit. 5, r. 5-A2852

Download
PDF
Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-A2852 - RATE SETTING - RELATED SERVICES
2852.1

The Baseline Hourly Rate used to calculate the Maximum Hourly Rate for each of the following related services, as defined by 34 C.F.R. § 300.34(2010), including the Maximum Evaluation Cost for evaluation services, shall be the mean hourly rate from the United States Department of Labor Bureau of Labor Statistics (BLS) Metropolitan Area Occupational Employment and Wage Estimates for the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Division that corresponds to each of the following Standard Occupational Classification (SOC) system codes:

(a) Audiology services, 34 C.F.R. § 300.34(c)(1)(2010) - SOC code 29-1181 (Audiologist);
(b) Counseling services, 34 C.F.R. §300.34(c)(2)(2010) and, for Psychological services provided by a Psychologist only, 34 C.F.R. § 300.34(c)(10):
(1) Provided by a Licensed Mental Health Counselor - SOC code 21- 1014 (Mental Health Counselors);
(2) Provided by a Licensed Social Worker - SOC code 21-1021 (Child, Family, and School Social Workers);
(3) Provided by a Psychologist - SOC code 19-3031 (Clinical, Counseling, and School Psychologist);
(4) Provided by a Psychiatrist - SOC code 29-1066 (Psychiatrists);
(c) Occupational Therapy services, 34 C.F.R. § 300.34(c)(6)(2010) - SOC code 29-1122 (Occupational Therapists);
(d) Physical Therapy services, 34 C.F.R. § 300.34(c)(9)(2010) - SOC code 29-1123 (Physical Therapists);
(e) Speech-Language Pathology services, 34 C.F.R. § 300.34(c)(15)(2010) - SOC code 29-1127 (Speech-Language Pathologists).
2852.2

Except as provided in (b) and (c) below, the Maximum Hourly Rate for individual related services shall be two and one half (2.5) times the Baseline Hourly Rate. Nonpublic special education schools and programs may not charge OSSE more than the rate charged to any private payer for the same related service. Providers may be required to provide copies of credentials to support any given rate.

(a) For Counseling Services Provided by a Psychologist the Maximum Hourly Rate shall be two and three-quarters (2.75) times the Baseline Hourly Rate.
(b) For Occupational Therapy Services the Maximum Hourly Rate shall be two and three-quarters (2.75) times the Baseline Hourly Rate.
2852.3

A nonpublic special education school, program, evaluator, or related service provider shall obtain from OSSE prior written approval for related service rates that are not provided for in this section. OSSE shall not pay for such a related service unless the rate is specifically approved by OSSE as part of the most recent certificate of approval process or through a separate rate review process.

(a) Unless otherwise set by the District's Medicaid Program for PRTFs, the maximum rate a related service provided to a student enrolled in a nonpublic special education day or residential school or program shall be aligned to the United States Department of Labor Bureau of Labor Statistics (BLS) Metropolitan Area Occupational Employment and Wage Estimates for the geographic area in which the day or residential program is located.
2852.4

If the rate of another state or political subdivision has been accepted by OSSE under this chapter is a bundled tuition rate that incorporates related service(s), the nonpublic school or program may not invoice OSSE separately for that service up to the number of bundled hours. OSSE shall apply a debit to the account of or seek a refund from a nonpublic school or program found to have charged OSSE in violation of this section.

2852.5

Group Rates for Related Services. The per-student hourly rate for each student in a group shall be based on the following formula:

(a) Group Size of 2 = (Individual Related Service Rate x 1.85) ÷ 2;
(b) Group Size of 3 = (Individual Related Service Rate x 1.95) ÷ 3;
(c) Group Size of 4 = (Individual Related Service Rate x 2.00) ÷ 4; or
(d) Group Size of 5 or more = (Individual Related Service Rate x 2.00) ÷ 5.
2852.6

Aides. For IEP-required aides, the baseline annual salary used to calculate the maximum hourly rate will be the mean annual salary from the United States Department of Labor Bureau of Labor Statistics (BLS) Metropolitan Area Occupational Employment and Wage Estimates for the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Division that corresponds to occupational code 25-9041 (Teacher Assistants). The Maximum Hourly Rate for Aides shall be the mean annual salary divided by one hundred eighty (180) school days divided by six (6) instructional hours.

D.C. Mun. Regs. tit. 5, r. 5-A2852

Notice of Final Rulemaking published at 58 DCR 5442, 5455 (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).