D.C. Mun. Regs. tit. 5, r. 5-A3039

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

Rule 5-A3039 - PRIVATE PLACEMENT OF CHILDREN BY PARENTS WHEN FAPE IS AT ISSUE

3039.1

The SEA is not required to pay for the cost of special education and related services for a child with a disability if the LEA has made FAPE available to the child and the parent elected to place the child in a private placement.

3039.2

Disagreements between the LEA and the parent regarding the availability of an appropriate program for the child and financial responsibility for the provision of such a program are subject to the due process procedures under IDEA and this chapter.

3039.3

If the parents of a child with a disability, who previously received special education and related services under the authority of the LEA, enroll the child in a private placement without the consent of or a referral by the LEA, a court or impartial hearing officer may require the SEA to reimburse the parents for the cost of that enrollment if the court or impartial hearing officer finds that the LEA had not made FAPE available to the child in a timely manner prior to that enrollment, and that the private placement is appropriate. A parental placement may be found to be appropriate by an impartial hearing officer or a court even if it does not meet the State standards that apply to education provided by the SEA and LEAs.

3039.4

The cost of reimbursement may be reduced or denied if:

(a) At the most recent IEP meeting that the parents attended prior to the child's removal from public school, the parents did not inform the IEP team that they were rejecting the placement proposed by the LEA to make FAPE available to the child, including stating their concerns and their intent to enroll the child in a private school at public expense;

(b) At least ten (10) business days (including any holidays that occur on a business day) prior to the removal of the child from public school, the parents did not give written notice to the LEA and the SEA that they were rejecting the placement proposed by the LEA to make FAPE available to the child, including stating their concerns and their intent to enroll the child in a private school at public expense;

(c) Prior to the parents' removal of the child from public school, the LEA informed the parents, consistent with the notice requirements described in this chapter, of its intent to evaluate the child (including a statement of the purpose of the evaluation that was appropriate and reasonable), but the parents did not make the child available for the evaluation; or

(d) A judicial finding states that the actions taken by the parents were unreasonable.

3039.5

The cost of reimbursement shall not be reduced or denied for the parent's failure to provide notice in accordance with Section 3039.4(b) if:

(a) The school prevented the parent from providing such notice;

(b) The parents had not received notice, pursuant to the LEA's responsibility under Section 3033 to provide parents with a copy of the procedural safeguards, of the notice requirement; or

(c) Compliance would likely result in physical harm to the child.

3039.6

Except in the discretion of a court or impartial hearing officer, the cost of reimbursement may not be reduced or denied for the parent's failure to provide notice in accordance with Section 3039.4(b) if:

(a) The parent is illiterate or cannot write in English; or

(b) Compliance would likely result in serious emotional harm to the child.

D.C. Mun. Regs. tit. 5, r. 5-A3039

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