Title 38 — Educational Institutions.
65 chapters · 836 sections in this title.
D.C. Code § 38-2561.01 Definitions
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For the purposes of this chapter, the term: (1) “Aversive intervention” means specific strategies for behavioral-treatment intervention, including: (A) Noxious, painful, intrusive stimuli or activities that result in pain; (B) Any form of noxious, painful, or intrusive spray or i…
D.C. Code § 38-2561.02 Assessment and placement of a students with a disability — General
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(a)(1) Before paragraph (2)(A) of this subsection taking [sic] effect, an LEA shall assess or evaluate a student who may have a disability and who ma y require special education services within 120 days from the date that the student was referred for an evaluation or assessment. …
D.C. Code § 38-2561.03 Placement and funding of a student with a disability in a nonpublic special education school or program
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(a) If an LEA anticipates that it may be unable to implement a student’s IEP or provide a student with an appropriate special education placement in accordance with the IDEA and other applicable laws or regulations, the LEA shall notify the SEA. The SEA shall cooperate with the L…
D.C. Code § 38-2561.04 Funding of a placement of a student with disabilities in a nonpublic special education school or program made by other District of Columbia government agencies
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(a) If another District of Columbia government agency places a student with a disability in a nonpublic special education school or program, the SEA shall fund the placement unless and until the other agency agrees to fund the placement. (b) The District of Columbia shall comply …
D.C. Code § 38-2561.05 Resolution of assessment, evaluation, placement, and funding disputes
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(a) The due process procedures set forth in Chapter 25C of this title [§ 38-2571.01 et seq.], Chapter 30 of Title 5 of the District of Columbia Municipal Regulations, and IDEA shall govern any disputes between a student’s parent or guardian and the LEA or SEA regarding the assess…
D.C. Code § 38-2561.06 Participation of LEA in development or review of the IEP
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When a student is receiving education and related services from a nonpublic special education school or program that is approved by the SEA under § 38-2561.07 and receives funding from the District of Columbia government, the LEA shall participate in the initial meeting to develo…
D.C. Code § 38-2561.07 Certificate of Approval for nonpublic special education schools or Programs — General
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(a) The SEA shall develop and administer a Certificate of Approval process for nonpublic special education schools or programs that serve District of Columbia students with disabilities with funding from the District of Columbia government by January 1, 2009. The Certificate of A…
D.C. Code § 38-2561.08 Certificate of Approval — Compliance
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(a) All nonpublic special education schools or programs serving students with disabilities with funding provided by the District of Columbia government shall come into full compliance with this chapter by August 15, 2007, for the 2007-2008 academic school year. (b) To continue re…
D.C. Code § 38-2561.09 Certificate of Approval — Inspection
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(a) The SEA shall schedule periodic monitoring visits to each nonpublic special education school or program at least once every 3 years. The employees of the SEA may make unannounced visits to a school or program during the 3-year period. (b) A nonpublic special education school …
D.C. Code § 38-2561.10 Certificate of Approval — Renewal
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(a) Nonpublic schools and programs for special education students may have their Certificates of Approval renewed for a period not to exceed 3 years. (b) If a Certificate of Approval has not been renewed by the SEA on or before the renewal anniversary date, the Certificate of App…
D.C. Code § 38-2561.11 Certificate of Approval — Denial, revocation, refusal to renew, or suspension
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(a) The SEA may deny, revoke, refuse to renew, or suspend a Certificate of Approval for any one or combination of the following causes: (1) Violating any provision of this chapter, applicable rules of the SEA, or applicable federal laws or regulations, except that noncompliance w…
D.C. Code § 38-2561.12 Rate-setting for nonpublic schools
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(a) The Mayor, or his or her designee, shall administer and implement a rate-setting process for the payment of tuition and related services to nonpublic special education schools and programs that provide special education and related services to students with disabilities funde…
D.C. Code § 38-2561.13 Rate-setting for nonpublic schools — Reconsideration
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(a) A nonpublic special education school or program may request reconsideration of a rate approved by the Mayor, or his or her designee, by the Rate Reconsideration Panel established by § 38-2561.14. A rate is eligible for reconsideration only for matters that relate to the abili…
D.C. Code § 38-2561.14 Rate Reconsideration Panel
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(a) A Rate Reconsideration Panel shall be established to review requests for rate reconsideration. The Panel shall be comprised of the following individuals: (1) One individual designated by the State Superintendent of Education; (2) Repealed; (3) One individual designated by the…
D.C. Code § 38-2561.15 Rules
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(a) Not later than 90 days after March 14, 2007, the Mayor shall issue regulations to implement the powers and duties assigned to the Mayor by this chapter. (b) Not later than 90 days after March 14, 2007, DCPS shall issue regulations to implement its powers and duties pursuant t…
D.C. Code § 38-2561.16 Reporting requirements
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(a) The SEA shall report to the Council annually, on or before the 1st day of the school year, for each nonpublic special education school or program: (1) The name and location of each nonpublic special education school or program issued or denied a Certificate of Approval by the…