DC Code § 38-251.01 (2021)
2021 District of Columbia Code|Title 38 - Educational Institutions|Chapter 2 - Compulsory School Attendance and Expulsion|Subchapter IV - Students' Right to Home or Hospital Instruction|§ 38-251.01. Definitions

 For the purposes of this subchapter, the term: (1) "Health condition" means a physical or mental illness, injury, or impairment that prevents a student from participating in the day-to-day activities typically expected during school attendance. (2) "Home or hospital instruction" means academic instruction and support provided to a student participating in a home and hospital instruction program. (3) "Home and hospital instruction program" means a program that provides instruction and support to students who have been or are anticipated to be absent, on a continuous, partial, or intermittent basis, from their school of enrollment for 10 or more consecutive or cumulative school days during a school year due to a health condition. (4) "Home and hospital instruction policy" means a public document written by an LEA that: (A) Sets forth the process for applying for home or hospital instruction and appealing a denial of eligibility; and (B) Includes the required contents of a medical certification of need. (5) "IDEA" means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.), and its implementing regulations. (6) "IEP" means an Individualized Education Plan, which is a written plan that specifies special education programs and services to be provided to meet the unique educational needs of a child with a disability, as required under section 614(d) of IDEA (20 U.S.C. § 1414(d)). (7) "LEA" means local education agency, which is the District of Columbia Public School system or any individual or group of public charter schools operating under a single charter in the District. (8) "Medical certification of need" means a written statement signed by a licensed physician, licensed nurse practitioner, licensed clinical psychologist, licensed mental health counselor or therapist, or physician's assistant that: (A) Certifies that a student has been diagnosed with a health condition and explains how the health condition has caused or is anticipated to cause the student to be absent, on a continuous, partial, or intermittent basis, from the student's school of enrollment for 10 or more consecutive or cumulative school days during a school year; (B) Contains a recommendation that the student receive home or hospital instruction, to the extent permitted by the student's health condition; (C) States the anticipated duration of the student's health condition; and (D) States whether the student's health condition is anticipated to cause continuous, partial, or intermittent absence from school. (9) "Medical recertification of need" means a medical certification of need verifying the continued need for home or hospital instruction. (10) "OSSE" means the Office of the State Superintendent of Education established by § 38-2601. (11) "Parent" means a parent, guardian, or other person who has custody or control of a student enrolled in a school or in an LEA, a student who is 18 years or older, or an emancipated minor. (12) "Section 504" means section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794), and its implementing regulations. (13) "Section 504 Plan" means a written plan that specifies the accommodations and services provided to a student pursuant to Section 504.  (Mar. 16, 2021, D.C. Law 23-204, § 2, 67 DCR 14756.)  Applicability Applicability of D.C. Law 23-204: § 12 of D.C. Law 23-204 provided that the creation of this section by § 2 of D.C. Law 23-204 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.