2023 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

§ 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
Section 7201 of D.C. Law 24-45 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
Section 7201 of D.C. Act 24-159 repealed section 12 of D.C. Law 23-204 removing the applicability provision impacting this section. Therefore the creation of this section by Law 23-204 has been implemented.
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.