D.C. Mun. Regs. tit. 5, r. 5-A3025

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

Rule 5-A3025 - PLACEMENT OUTSIDE OF THE LEA

3025.1

If an LEA anticipates that it may be unable to provide a child with a disability with an appropriate special education placement in accordance with IDEA and other applicable laws or regulations, the LEA shall notify the SEA in writing.

3025.2

Prior to submitting a written request to the SEA for placement outside of the LEA, the IEP Team shall consider the appropriateness of the child's IEP and the appropriateness of the LEA's delivery of services to the child in placements within the LEA.

3025.3

The LEA shall submit a written request to the SEA with required supporting documentation and child-level data, in accordance with State-established procedures.

3025.4

The SEA shall conduct its review of a complete written request within thirty (30) business days of submission, unless one (1) of the following occurs:

(a) The LEA submits a written request for expedited review of the placement request to the SEA; or

(b) In the event of extenuating circumstances and with notice to the LEA and parent, the SEA review of a written request may be extended for additional periods of fifteen (15) business days.

3025.5

After review of all supporting documentation from the LEA and meeting to discuss a possible placement outside of the LEA, the SEA representative shall make a recommendation indicating whether a placement outside the LEA is warranted, as follows:

(a) The SEA representative shall make a verbal recommendation at the conclusion of the meeting to discuss the proposed change in placement;

(b) The group of persons identified in Section 3022.1(b) remains responsible for selecting the appropriate educational placement of the child; and

(c) Following the meeting to discuss the proposed change in placement, the SEA shall issue a written memorandum documenting its recommendation.

3025.6

If the group of persons identified in Section 3022.1(b) decides to proceed with placement outside the LEA, the SEA shall issue a service location within fifteen (15) business days of the decision absent extenuating circumstances as determined by the SEA. The SEA shall assess the child's needs and ensure that the location selected is able to implement the child's IEP.

3025.7

If the SEA is unable to issue a service location within fifteen (15) business days due to extenuating circumstances, the SEA shall provide notice to the parent and the LEA describing the circumstances and establishing an extended timeline for issuance of a service location.

3025.8

The SEA shall not issue a service location for a nonpublic special education school or program that:

(a) Is unable to implement the child's IEP or meet the unique needs of the child;

(b) Does not hold a current certificate of approval, issued by the SEA in accordance with D.C. Official Code § 38-2561.07 and applicable regulations, to serve children with disabilities from the District;

(c) Holds a current certificate of approval but is not authorized to serve the child's age, grade, or disability;

(d) Requires all children to attend extended school year programming regardless of need or as a condition of enrollment; or

(e) Requires all children to attend programming that is offered outside the time frame of the regular instructional day and is not included in the school or program's per diem educational rate approved by the SEA.

3025.9

Consistent with D.C. Official Code § 38-2561.03, unless the placement of a child has been ordered by a District of Columbia Court, federal court, or impartial hearing officer pursuant to IDEA and D.C. Official Code § 38-2561.03(b)(2), no child whose education is funded by the District of Columbia government shall be placed in a nonpublic special education school or program that:

(a) Allows the use of aversive intervention in its policy or practice; or

(b) Has not received and maintained a certificate of approval in accordance with D.C. Official Code § 38-2561.03 and applicable regulations.

3025.10

SEA decisions regarding a child's service location shall give preference to appropriate special education schools or providers located in the District of Columbia; provided that the placement is appropriate for the child and made in accordance with IDEA, local law, and this chapter. Service locations shall be determined in the following order of priority:

(a) Private or residential facility located in the District of Columbia; or

(b) Facility located outside the District of Columbia.

3025.11

The group of people determining the educational placement of a child with a disability shall ensure that the child's placement is determined annually, is based on the child's IEP and is located as closely as possible to the child's home.

3025.12

The LEA shall submit to the SEA a request for a change in service location from one (1) nonpublic special education school or program to another nonpublic special education school or program. The SEA shall issue a service location in accordance with State-established procedures.

3025.13

A request from the LEA for a change in placement from a nonpublic placement to a more restrictive nonpublic placement, such as a residential or psychiatric residential treatment facility, shall be submitted through the SEA's procedures for placement outside of the LEA in accordance with this section.

3025.14

A recommendation for a special education placement at a residential treatment facility shall assure that priority is given to a facility that:

(a) Meets the District of Columbia Department of Health Care Finance (DHCF) requirements for a Psychiatric Residential Treatment Facility (PRTF), consistent with 29 DCMR § 948; and

(b) Is located in the District of Columbia.

3025.15

If a PRTF placement within the District of Columbia is not deemed to be appropriate for a child, the appropriate PRTF selected outside of the District of Columbia shall be located at a distance as close as possible to the child's home.

3025.16

If a child's placement is made at a residential treatment facility, the

LEA shall request parental consent authorizing the LEA to contact:

(a) The District of Columbia Department of Behavioral Health (DBH) to determine whether the child qualifies for a certification that admission to a PRTF is medically necessary; and

(b) DHCF to determine whether the child is eligible or entitled to receive Medicaid benefits.

3025.17

If a child's service location is a residential treatment facility that does not meet DHCF requirements for classification as a PRTF consistent with 29 DCMR § 948, a decision for service location shall first give preference to an appropriate residential treatment facility located in the District of Columbia; and if an appropriate facility cannot be found within the District of Columbia, the residential facility selected for the child shall be located at a distance as close as possible to the child's home.

3025.18

The SEA shall be responsible for paying the costs of education, including special education and related services, of a child with a disability when the child is placed at a nonpublic special education school or program pursuant to this section; provided, that, in conformity with IDEA, the SEA shall not be responsible for paying the cost of education, including special education and related services, of a child with a disability who attends a nonpublic special education school or program if:

(a) An LEA made FAPE available to the child; and

(b) The child's parent or guardian elected to place the child in a nonpublic special education school or program.

3025.19

A child with a disability who is placed at a nonpublic special education school or program shall remain enrolled in and is the responsibility of the LEA, unless and until the parent enrolls the child in another LEA.

3025.20

When a child with a disability enrolled in an LEA is placed in a nonpublic special education school pursuant to this section, the LEA shall:

(a) Ensure that the child participates in statewide assessments in accordance with procedures and guidelines issued by the SEA;

(b) Transition the child with a disability back to the lesser restrictive environment as soon as practicable;

(c) At all times while the child with a disability is placed at the nonpublic school, maintain the capacity to serve the child at the LEA (i.e., hold an open seat for the child) unless and until the child's parent enrolls the child in another LEA;

(d) Continue to monitor each child's academic and social-emotional progress at the nonpublic school; and

(e) Remain responsible for compliance with IDEA and local requirements for a child placed into a nonpublic school.

3025.21

During the school year in which a child with a disability placed in a nonpublic school will exceed the maximum age or grade for children served by the LEA as specified in its charter, the LEA shall:

(1) Provide written notification to the parent of their responsibility to enroll the child at another LEA; and

(2) Provide such notification before December 31 of the school year.

3025.22

Pursuant to 34 C.F.R. § 300.208, any LEA may use its IDEA Part B funding to establish and implement cost or risk sharing funds, consortia, or cooperatives working in a consortium with other LEAs to pay for high cost special education and related services.

D.C. Mun. Regs. tit. 5, r. 5-A3025

Final Rulemaking published at 69 DCR 5902 7/1/2022