reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24 - Education for the Deaf › Subchapter II - General Provisions › § 38–2402.10. International students

§ 38–2402.10. International students.
(a) Enrollment. — Effective with new admissions for academic year 1993-1994 and each succeeding academic year, the University (including preparatory, undergraduate, and graduate students) and NTID shall limit the enrollment of international students to approximately 10 percent of the total postsecondary student population enrolled respectively at the University or NTID.
(b) Tuition surcharge. — Effective with new admissions, the tuition for postsecondary international students enrolled in the University (including preparatory, undergraduate, and graduate students) or NTID shall include a surcharge of 75% for the academic year 1993-1994 and 90 percent beginning with the academic year 1994-1995.
(c) Reduction of surcharge. — Beginning with the academic year 1993-1994, the University or NTID may reduce the surcharge under subsection (b) of this section to 50% if:
(1) A student described under subsection (b) of this section is from a developing country;
(2) Such student is unable to pay the tuition surcharge under subsection (b) of this section; and
(3) Such student has made a good faith effort to secure aid through such student’s government or other sources.
(d) Definition. — For purposes of subsection (c), the term “developing country” means a country that has a 1990 per capita income not in excess of $4,000 in 1990 United States dollars.
(Aug. 4, 1986, 100 Stat. 781, Pub. L. 99-371, § 410; renumbered as § 210, Oct. 1, 1992, 106 Stat. 2151, Pub. L. 102-421, § 139; Aug. 11, 1993, 107 Stat. 735, Pub. L. 103-73, § 204(h); Apr. 9, 1997, D.C. Law 11-255, § 36, 44 DCR 1271.)
Prior Codifications
1981 Ed., § 31-1842.10.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24 - Education for the Deaf › Subchapter II - General Provisions › § 38–2402.11. Authorization of appropriations

§ 38–2402.11. Authorization of appropriations.
(a) Gallaudet University. — There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993 through 1997 to carry out the provisions of this chapter, relating to:
(1) Gallaudet University;
(2) Kendall Demonstration Elementary School; and
(3) The model secondary school for individuals who are deaf.
(b) National Technical Institute for the Deaf. — There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993 through 1997 to carry out the provisions of this chapter relating to the National Technical Institute for the Deaf.
(Aug. 4, 1986, 100 Stat. 781, Pub. L. 99-371, § 411; renumbered as § 211, Oct. 1, 1992, 106 Stat. 2151, Pub. L. 102-421, §§ 101(b)(6), 140, 151(a)(4); Aug. 11, 1993, 107 Stat. 735, Pub. L. 103-73, § 204(i).)
Prior Codifications
1981 Ed., § 31-1842.11.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24 - Education for the Deaf › Subchapter III - Repealed Provisions › § 38–2411.01. Authority of Gallaudet University. [Repealed]

§ 38–2411.01. Authority of Gallaudet University. [Repealed]
Repealed.
(Aug. 4, 1986, 100 Stat. 781, Pub. L. 99-371, § 111; Oct. 1, 1992, 106 Stat. 2151, Pub. L. 102-421, § 101(a)(1).)
Prior Codifications
1981 Ed., § 31-1841.4.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24 - Education for the Deaf › Subchapter III - Repealed Provisions › § 38–2411.02. Authority of Gallaudet University. [Repealed]

§ 38–2411.02. Authority of Gallaudet University. [Repealed]
Repealed.
(Aug. 4, 1986, 100 Stat. 781, Pub. L. 99-371, § 121; Oct. 1, 1992, 106 Stat. 2151, Pub. L. 102-421, § 101(a)(1).)
Prior Codifications
1981 Ed., § 31-1841.5.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24 - Education for the Deaf › Subchapter III - Repealed Provisions › § 38–2411.03. Agreement with Gallaudet University for model secondary school. [Repealed]

§ 38–2411.03. Agreement with Gallaudet University for model secondary school. [Repealed]
Repealed.
(Aug. 4, 1986, 100 Stat. 781, Pub. L. 99-371, § 122; Oct. 1, 1992, 106 Stat. 2151, Pub. L. 102-421, § 101(a)(1).)
Prior Codifications
1981 Ed., § 31-1841.6.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24 - Education for the Deaf › Subchapter III - Repealed Provisions › § 38–2411.04. Commission established. [Repealed]

§ 38–2411.04. Commission established. [Repealed]
Repealed.
(Aug. 4, 1986, 100 Stat. 781, Pub. L. 99-371, § 301; Oct. 1, 1992, 106 Stat. 2151, Pub. L. 102-421, § 101(a)(2).)
Prior Codifications
1981 Ed., § 31-1843.1.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24 - Education for the Deaf › Subchapter III - Repealed Provisions › § 38–2411.05. Duties of Commission. [Repealed]

§ 38–2411.05. Duties of Commission. [Repealed]
Repealed.
(Aug. 4, 1986, 100 Stat. 781, Pub. L. 99-371, § 302; Oct. 1, 1992, 106 Stat. 2151, Pub. L. 102-421, § 101(a)(2).)
Prior Codifications
1981 Ed., § 31-1843.2.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24 - Education for the Deaf › Subchapter III - Repealed Provisions › § 38–2411.06. Administrative provisions. [Repealed]

§ 38–2411.06. Administrative provisions. [Repealed]
Repealed.
(Aug. 4, 1986, 100 Stat. 781, Pub. L. 99-371, § 303; Oct. 1, 1992, 106 Stat. 2151, Pub. L. 102-421, § 101(a)(2).)
Prior Codifications
1981 Ed., § 31-1843.3.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24 - Education for the Deaf › Subchapter III - Repealed Provisions › § 38–2411.07. Compensation of members. [Repealed]

§ 38–2411.07. Compensation of members. [Repealed]
Repealed.
(Aug. 4, 1986, 100 Stat. 781, Pub. L. 99-371, § 304; Oct. 1, 1992, 106 Stat. 2151, Pub. L. 102-421, § 101(a)(2).)
Prior Codifications
1981 Ed., § 31-1843.4.
[Renumbered].
Renumbered.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24A - American Sign Language Recognition › § 38–2431. Findings

§ 38–2431. Findings.
(a) American Sign Language (“ASL”) is one of the top 4 widely used languages in the United States and Canada.
(b) The District of Columbia has over 20,000 deaf and hard of hearing residents, many of whom use ASL as their primary language.
(c) ASL has met the accepted linguistic criteria to qualify as a legitimate language in that it has a system of arbitrary symbols, grammatical signals, syntax, has a community of users, and it has undergone historical changes.
(d) Two-thirds of state legislatures in the United States recognize and accept ASL as a bona fide language.
(Oct. 26, 2001, D.C. Law 14-50, § 2, 48 DCR 7952.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24A - American Sign Language Recognition › § 38–2432. Definitions

§ 38–2432. Definitions.
For the purposes of this chapter, the term:
(1) “American Sign Language” or “ASL” means a visual language that is separate and distinct from English and other languages, and uses the hands, arms, facial markers, and body movements to convey grammatical information.
(2) “ASLTA” means the American Sign Language Teachers Association.
(3) “Deaf” means the inability to hear or understand oral communication, with or without the assistance of amplification devices.
(4) “Deaf people” means persons who use ASL as their primary language to communicate.
(5) “Hard of hearing” means permanent hearing loss which is severe enough to necessitate the use of amplification devices to hear oral communication.
(6) “Professional certification” means a teacher has met the ASLTA professional level certification requirements specified in the standards section of the ASLTA Certification Procedures and Standards.
(7) “Provisional certification” means a teacher has met the minimum ASLTA provisional level certification requirements specified in the standards section of the ASLTA Certification Procedures and Standards.
(8) “Qualified certification” means a teacher has met the ASLTA qualified level certification requirements specified in the standards section of the ASLTA Certification Procedures and Standards.
(Oct. 26, 2001, D.C. Law 14-50, § 3, 48 DCR 7952.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 24A - American Sign Language Recognition › § 38–2433. American Sign Language instruction

§ 38–2433. American Sign Language instruction.
(a) American Sign Language may be offered in elementary and secondary public schools, community colleges, and 4-year universities and colleges, as a modern foreign language for which credit may be given. In secondary public schools, where offered for credit, ASL courses may be taken to satisfy a foreign language requirement.
(b) The minimal requirement of ASL teachers in K-12 schools and 4-year universities and colleges shall be at least a college degree in teaching ASL or a degree in a field related to deaf people with an ASLTA professional level certification. The teacher shall have demonstrated the highest level of knowledge and skills in teaching ASL, including:
(1) Knowledge of curriculum development;
(2) Evaluation;
(3) Linguistics; and
(4) Theoretical and contemporary issues in the field of ASL.
(c) The minimal requirement of ASL teachers in community colleges or other educational programs shall be at least an ASLTA qualified level certification. The teacher shall have demonstrated proficiency knowledge of second-language teaching methodology, language activities, evaluation, and knowledge of ASL linguistics.
(d) The minimal requirement of ASL teachers in state service providers or agencies shall be at least a ASLTA provisional level certification. The teacher shall have demonstrated proficiency in ASL and basic knowledge about ASL teaching, including developing course outlines and lesson plans.
(e) The requirements of ASLTA certification shall be effective on January 17, 2002.
(f) The ASL curriculum for K-12, L1 users and L2 learners, shall be approved by the ASLTA effective January 1, 2003.
(Oct. 26, 2001, D.C. Law 14-50, § 4, 48 DCR 7952.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25A - Special Education Task Force Establishment › § 38–2551. Establishment

§ 38–2551. Establishment.
There is established a Special Education Task Force (“Task Force”) with the purpose of serving as a collaborative body of District agencies that will monitor, support, and implement special education reform within the District of Columbia Public Schools.
(Nov. 13, 2003, D.C. Law 15-39, § 372, 50 DCR 5668.)
Section References
This section is referenced in § 38-192.
Emergency Legislation
For temporary (90 day) addition, see § 2 of Special Education Task Force Establishment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-232, November 25, 2003, 50 DCR 10729).
Short Title
Short title of subtitle H of title III of Law 15-39: Section 371 of D.C. Law 15-39 provided that subtitle H of title III of the act may be cited as the Special Education Task Force Establishment Act of 2003.
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25A - Special Education Task Force Establishment › § 38–2552. Functions

§ 38–2552. Functions.
Specific functions of the Task Force shall include the following:
(1) Within 60 days of the approval of the Board of Education, adopt, by a majority vote, the Special Education Reform Plan developed pursuant to § 38-2553;
(2) Convene monthly, or more frequently as deemed necessary and appropriate, to report on the implementation of the Special Education Reform Plan and identify obstacles and recommend amendments to the Special Education Reform Plan;
(3) Identify ways to better coordinate and improve special education service delivery;
(4) Monitor the Special Education Reform to ensure that the Reform Plan is executed in an appropriate and timely manner; and
(5) Determine specific savings targets for Fiscal Year 2004 and beyond, including those associated with the Tobacco Settlement funds provided to the District of Columbia Public Schools in Fiscal Year 2003.
(Nov. 13, 2003, D.C. Law 15-39, § 373, 50 DCR 5668; Apr. 13, 2005, D.C. Law 15-354, § 84(b), 52 DCR 2638.)
Effect of Amendments
D.C. Law 15-354, in par. (1), validated a previously made technical correction.
Emergency Legislation
For temporary (90 day) addition, see § 3 of Special Education Task Force Establishment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-232, November 25, 2003, 50 DCR 10729).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25A - Special Education Task Force Establishment › § 38–2553. Special Education Reform Plan

§ 38–2553. Special Education Reform Plan.
The Superintendent of Schools shall develop a Special Education Reform Plan (“Reform Plan”) which shall include the following:
(1) Measurable goals;
(2) Timelines for deliverables;
(3) Roles and responsibilities of all District agencies that provide special education related services;
(4) Proposed legislative initiatives;
(5) Targeted savings activities for fiscal years 2003 through 2005; and
(6) Continued review and input from Task Force members.
(Nov. 13, 2003, D.C. Law 15-39, § 374, 50 DCR 5668.)
Section References
This section is referenced in § 38-2552.
Emergency Legislation
For temporary (90 day) addition, see § 4 of Special Education Task Force Establishment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-232, November 25, 2003, 50 DCR 10729).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25A - Special Education Task Force Establishment › § 38–2554. Composition of the Task Force

§ 38–2554. Composition of the Task Force.
(a) The Task Force shall be comprised of the following 9 voting members, or designees thereof:
(1) The Mayor of the District of Columbia;
(2) The Chair of the Committee on Education, Libraries and Recreation for the Council of the District of Columbia;
(3) The Chair of the Committee of Finance and Revenue for the Council of the District of Columbia;
(4) The President of the Board of Education;
(5) The Superintendent of the District of Columbia Public Schools;
(6) The State Education Officer of the District of Columbia;
(7) The Deputy Mayor for Children, Youth, Families and Elders;
(8) The Chief Financial Officer for the District of Columbia; and
(9) The Chief Financial Officer for the District of Columbia Public Schools.
(b) The following shall serve as advisory, nonvoting members of the Task Force:
(1) The members of the Council’s Committee on Education, Libraries and Recreation;
(2) The department head or designee of the Office of Special Education;
(3) The department head or designee of the Committee on Special Education and Student Services for the Board of Education;
(4) The Corporation Counsel for the District of Columbia;
(5) The department head or designee of the Department of Mental Health;
(6) The department head or designee of the Child and Family Service Agency;
(7) The department head or designee of the Medical Assistance Administration;
(8) The department head or designee of the Office of Medicaid Public Provider Operation Reform;
(9) The representative of the State Advisory Panel on Special Education in the District of Columbia; and
(10) Two parents of District of Columbia Special Education students.
(c) The Task Force shall be co-chaired by the Mayor and the Chair of the Committee on Education, Libraries and Recreation for the Council of the District of Columbia.
(d) The Director of the State Education Office shall provide staffing for the Task Force.
(Nov. 13, 2003, D.C. Law 15-39, § 375, 50 DCR 5668.)
Emergency Legislation
For temporary (90 day) addition, see § 5 of Special Education Task Force Establishment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-232, November 25, 2003, 50 DCR 10729).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25A - Special Education Task Force Establishment › § 38–2555. Memorandum of Understanding

§ 38–2555. Memorandum of Understanding.
(a) The voting members of the Task Force shall adopt and sign a Memorandum of Understanding regarding the implementation of the Reform Plan, which shall be submitted to the Council.
(b) This chapter shall expire upon the submission of the Memorandum of Understanding to the Council pursuant to subsection (a) of this section.
(Nov. 13, 2003, D.C. Law 15-39, § 376, 50 DCR 5668.)
Emergency Legislation
For temporary (90 day) addition, see § 6 of Special Education Task Force Establishment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-232, November 25, 2003, 50 DCR 10729).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.02. Assessment and placement of a students with a disability — General

§ 38–2561.02. Assessment and placement of a students with a disability — General.
(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.
(2)(A) Beginning July 1, 2018, an LEA shall assess or evaluate a student who may have a disability and who may require special education services within 60 days from the date that the student’s parent or guardian provides consent for the evaluation or assessment. The LEA shall make reasonable efforts to obtain parental consent within 30 days from the date the student is referred for an assessment or evaluation.
(B) Repealed.
(3) For the purposes of this subsection, a referral for an evaluation or assessment for special education services may be oral or written. An LEA shall document any oral referral within 3 business days of receipt.
(b) An LEA shall provide a student with a disability a free and appropriate public education in an appropriate special education placement in accordance with this chapter and IDEA; provided, that an LEA shall not remove a student with a disability from an age-appropriate classroom solely because of needed modifications in the general education curriculum.
(c) Special education placements shall be made in the following order or priority; provided, that the placement is appropriate for the student and made in accordance with the IDEA and this chapter:
(1) DCPS schools, or District of Columbia public charter schools pursuant to an agreement between DCPS and the public charter school;
(2) Private or residential District of Columbia facilities; and
(3) Facilities outside of the District of Columbia.
(Mar. 14, 2007, D.C. Law 16-269, § 102, 54 DCR 841; Mar. 25, 2009, D.C. Law 17-353, § 195, 56 DCR 1117; Mar. 10, 2015, D.C. Law 20-195, § 202(b), 61 DCR 12419; Oct. 30, 2018, D.C. Law 22-168, § 7012, 65 DCR 9388.)
Effect of Amendments
D.C. Law 17-353 validated a previously made technical correction in subsec. (b).
The 2015 amendment by D.C. Law 20-195 rewrote (a) and (b).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 7012 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) amendment of this section, see § 7012 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
For temporary (90 day) addition, see § 102 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 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

§ 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.
(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 with section 612(a)(12) of the IDEA [20 U.S.C. § 1412(a)(12)] and 34 C.F.R. § 300.154 by developing appropriate mechanisms for interagency coordination between the SEA and other District government agencies to ensure that all necessary services are provided and funded by the appropriate agency.
(c) Nothing in this section shall be construed as removing the SEA’s liability for providing and paying for special education and related services if another public agency fails to provide or pay for them.
(Mar. 14, 2007, D.C. Law 16-269, § 104, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(d), 61 DCR 12419.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-195 substituted “the SEA” for “DCPS” throughout the section.
Emergency Legislation
For temporary (90 day) addition, see § 104 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
References in Text
Section 612(a)(12) of the IDEA, referred to in subsec. (b), is classified to 20 U.S.C. § 1412(a)(12).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.05. Resolution of assessment, evaluation, placement, and funding disputes

§ 38–2561.05. Resolution of assessment, evaluation, placement, and funding disputes.
(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 assessment, evaluation, placement, and funding of a student with a disability in a nonpublic special education school or program.
(b) In conformity with the IDEA, the SEA may not terminate funding for the last approved nonpublic placement of a student while an administrative or judicial review of a recommended placement is pending.
(Mar. 14, 2007, D.C. Law 16-269, § 105, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(e), 61 DCR 12419.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-195 rewrote (a); and substituted “the SEA” for “DCPS” in (b).
Emergency Legislation
For temporary (90 day) addition, see § 105 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.06. Participation of LEA in development or review of the IEP

§ 38–2561.06. Participation of LEA in development or review of the IEP.
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 develop an IEP. For any subsequent meeting to review or revise the IEP, the failure or inability of the LEA representative to attend the IEP meeting after the meeting has been set shall not prevent the meeting from taking place as planned and does not negate or diminish the LEA’s obligation to provide a free and appropriate public education.
(Mar. 14, 2007, D.C. Law 16-269, § 106, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(f), 61 DCR 12419.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-195 substituted “LEA” for “DCPS” in the section heading; substituted “the LEA shall participate” for “DCPS shall participate” in the first sentence; substituted “the LEA representative’’ for “a DCPS representative” in the second sentence; and substituted “as planned and does not negate or diminish the LEA’s obligation to provide a free and appropriate public education” for “as planned” at the end of the paragraph.
Emergency Legislation
For temporary (90 day) addition, see § 106 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.08. Certificate of Approval — Compliance

§ 38–2561.08. Certificate of Approval — Compliance.
(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 receiving funding from the District of Columbia government in the 2007-2008 academic school year, all nonpublic special education schools or programs shall submit an initial application for a Certificate of Approval to the SEA no later than 90 days after March 14, 2007.
(c) For the 2008-2009 academic school year and each subsequent school year, a nonpublic special education school or program seeking a Certificate of Approval shall submit an initial application to the SEA no later than 45 days prior to the start of the school year.
(d) Not later than 45 days prior to the start of each school year, a school or program granted a Certificate of Approval by the SEA shall certify its annual compliance with this chapter, and regulations issued pursuant to this chapter, by filing a certificate of compliance with the SEA.
(Mar. 14, 2007, D.C. Law 16-269, § 108, 54 DCR 841.)
Emergency Legislation
For temporary (90 day) addition, see § 108 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.09. Certificate of Approval — Inspection

§ 38–2561.09. Certificate of Approval — Inspection.
(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 or program approved by the SEA shall be subject to inspection by the SEA or its designee for the following reasons:
(1) To verify compliance with this chapter and its implementing regulations for the purpose of reviewing an application for a Certificate of Approval;
(2) To verify compliance with this chapter and its implementing regulations when a nonpublic special education school or program receives District of Columbia government funds for its educational program;
(3) To investigate allegations or complaints related to this chapter, violations of the IDEA, or an applicable local or federal law regarding child safety and welfare; during which the nonpublic school’s Certificate of Approval shall be placed on probation throughout the pendency of any investigation of an allegation or complaint of child safety and welfare; and
(4) To determine compliance with applicable local regulations or to monitor program quality.
(Mar. 14, 2007, D.C. Law 16-269, § 109, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(h), 61 DCR 12419.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-195 rewrote (b)(3); and substituted “applicable local” for “DCPS” in (b)(4).
Emergency Legislation
For temporary (90 day) addition, see § 109 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.10. Certificate of Approval — Renewal

§ 38–2561.10. Certificate of Approval — Renewal.
(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 Approval shall expire and the LEA shall take immediate steps to determine an appropriate placement, in accordance with the IDEA, for any District of Columbia funded students who attended the nonpublic special education school or program with the expired Certificate of Approval.
(Mar. 14, 2007, D.C. Law 16-269, § 110, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(i), 61 DCR 12419.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-195, in (b), substituted “LEA” for “DCPS Superintendent of Schools” and substituted “for any District of Columbia funded students” for “to any DCPS-funded students.”
Emergency Legislation
For temporary (90 day) addition, see § 110 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.12. Rate-setting for nonpublic schools

§ 38–2561.12. Rate-setting for nonpublic schools.
(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 funded by the District of Columbia.
(b) In establishing fair and reasonable rates, the Mayor, or his or her designee, shall consider a variety of factors, including historical data, the rates established by surrounding jurisdictions, and administrative costs.
(c) The Mayor, or his or her designee, may adopt the rates established by surrounding jurisdictions and apply those rates to nonpublic special education schools or programs that have already been approved to provide services with public funds by a surrounding jurisdiction.
(d) A nonpublic special education school or program serving students who are funded by the District government shall enter into a contract with the District government accepting rates set by the Mayor, or his or her designee, except that a contract is not required for a student whose placement has been ordered by a District of Columbia court, a federal court, or a hearing officer pursuant to the IDEA.
(Mar. 14, 2007, D.C. Law 16-269, § 112, 54 DCR 841.)
Section References
This section is referenced in § 38-2561.11.
Emergency Legislation
For temporary (90 day) addition, see § 112 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.13. Rate-setting for nonpublic schools — Reconsideration

§ 38–2561.13. Rate-setting for nonpublic schools — Reconsideration.
(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 ability of the nonpublic special education school or program to meet the requirements of an IEP for a student placed by a District government agency.
(b) The opportunity to request rate reconsideration shall apply only to an aggregate rate for students funded by the District government and the rate may not be reconsidered for individual students, except that the Panel may make case-by-case exceptions for a student the Panel determines has unique or highly specialized needs that cannot be properly addressed and funded through an aggregate rate.
(c) A request for reconsideration shall be filed within 30 days of the nonpublic special education school or program’s notification of rates from the Mayor, or his or her designee. The reconsideration request shall include the relief requested, the basis for the relief, and sufficient and appropriate information to allow an analysis of the claim.
(d) The decision of the Panel is final and binding.
(Mar. 14, 2007, D.C. Law 16-269, § 113, 54 DCR 841.)
Emergency Legislation
For temporary (90 day) addition, see § 113 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.14. Rate Reconsideration Panel

§ 38–2561.14. Rate Reconsideration Panel.
(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 Chief Financial Officer;
(4) One individual designated by the Director of the Department of Health;
(5) Two parents of students with disabilities, designated by the Mayor; and
(6) One representative of a nonpublic special education school or program serving students from the District of Columbia, designated by the Mayor.
(b) The members of the Panel shall elect the Chairman of the Panel.
(c) The presence of at least 4 members of the Panel shall constitute a quorum necessary for the Panel to conduct official business.
(d) The representative of the nonpublic special education school or program shall recuse himself or herself from any cases involving his or her school or program.
(Mar. 14, 2007, D.C. Law 16-269, § 114, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(k), 61 DCR 12419.)
Section References
This section is referenced in § 38-2561.01 and § 38-2561.13.
Effect of Amendments
The 2015 amendment by D.C. Law 20-195 substituted “State Superintendent of Education” for “Superintendent of Schools” in (a)(1); and repealed (a)(2).
Emergency Legislation
For temporary (90 day) addition, see § 114 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.15. Rules

§ 38–2561.15. Rules.
(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 to this chapter.
(Mar. 14, 2007, D.C. Law 16-269, § 115, 54 DCR 841.)
Emergency Legislation
For temporary (90 day) addition, see § 115 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
Delegation of Authority
Delegation of Rule Making Authority to the District of Columbia State Superintendent of Education to Establish Rate Setting Rules for Nonpublic Schools as Required by the “Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006”, effective March 14, 2007, D.C. Law 16-269, 54 DCR 841, see Mayor’s order 2007-149, June 28, 2007 ( 54 DCR 9604).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools › § 38–2561.16. Reporting requirements

§ 38–2561.16. Reporting requirements.
(a) The SEA shall report 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 SEA, including the status of each;
(2) The number of children assigned to each school or program;
(3) Any enforcement action that has been taken with respect to the license, Certificate of Approval, or charter of the school or program;
(4) Any action the school or program has taken, or is taking, with respect to an enforcement action;
(5) All incident reports, including any report of abuse, neglect, or use of aversive intervention regarding any student placed by an LEA;
(6) Any investigation taken by the school or program as a result of an incident, including:
(A) The time it took to complete the investigation;
(B) Whether the parents or guardian of the student, the LEA, and the SEA have been informed of the report; and
(C) The progress and outcomes of the investigation, including any action taken by the facility; provided, that the information shall not be reported in a manner that violates any applicable provision of federal, state, or local law relating to the privacy of student information.
(b) The report shall be made available to the public on the SEA’s website.
(Mar. 14, 2007, D.C. Law 16-269, § 116; as added Mar. 20, 2009, D.C. Law 17-304, § 2(e), 55 DCR 12806; Mar. 10, 2015, D.C. Law 20-195, § 202(l), 61 DCR 12419; Dec. 13, 2017, D.C. Law 22-33, § 4148, 64 DCR 7652.)
Effect of Amendments
The 2015 amendment by D.C. Law 20-195 substituted “an LEA” for “the SEA” in (a)(5); added “the LEA” in (a)(6)(B); and substituted “SEA’s website” for “SEA and DCPS Internet sites” in (b).
Applicability
Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 4148 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 4148 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25C - Special Education Students Rights › Subchapter I - Procedural Protections › § 38–2571.01. Short title

§ 38–2571.01. Short title.
This subchapter may be cited as the “Special Education Procedural Protections Expansion Act of 2014”.
(Mar. 10, 2015, D.C. Law 20-194, § 101, 61 DCR 12411.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25C - Special Education Students Rights › Subchapter I - Procedural Protections › § 38–2571.04. Transfer of rights

§ 38–2571.04. Transfer of rights.
(a) A child with a disability who has reached 18 years of age shall be presumed to be competent, and all rights under IDEA shall transfer to the student, unless:
(1) The student has been adjudged incompetent under law;
(2) Pursuant to a procedure established by OSSE pursuant to 20 U.S.C. § 1415(m)(2), the student has been determined to not have the ability to provide informed consent and another competent adult has been appointed to represent the educational interests of that student; provided, that the adult student shall have the opportunity to challenge any determination made under this paragraph; or
(3)(A) The student has designated, in writing, by power of attorney or similar legal document, another competent adult to be the student’s agent to:
(i) Make educational decisions;
(ii) Receive notices; and
(iii) Participate in meetings and all other procedures related to the student’s educational program on behalf of the student.
(B) The student may terminate the power of attorney at any time and assume the right to make decisions regarding his or her education.
(b)(1) A student who has reached 18 years of age may receive support from another competent and willing adult to aid them in their decision-making.
(2) The student’s decisional choice shall prevail any time that a disagreement exists between the student and the other adult providing support.
(c) No less than one year before a child with a disability reaches 18 years of age, the LEA shall notify the parents, in writing, that adult students with disabilities are presumed competent, and that all rights under IDEA will transfer to the student when the student reaches 18 years of age, unless the student or the family exercises one of the options described in subsection (a) of this section. The notice shall also describe the necessary procedure to exercise any of the options provided for in subsections (a) and (b) of this section.
(Mar. 10, 2015, D.C. Law 20-194, § 104, 61 DCR 12411.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25C - Special Education Students Rights › Subchapter II - Due Process Hearings › § 38–2572.01. Short title

§ 38–2572.01. Short title.
This subchapter may be cited as the “Special Education Due Process Hearing Independence and Transparency Act of 2014”.
(Mar. 10, 2015, D.C. Law 20-194, § 201, 61 DCR 12411.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25C - Special Education Students Rights › Subchapter II - Due Process Hearings › § 38–2572.02. Hearing officer selection

§ 38–2572.02. Hearing officer selection.
(a) OSSE shall administer impartial due process hearings as required by IDEA (20 U.S.C. § 1415(f) and 20 U.S.C. § 1439(a)(1)) and may issue regulations necessary for this purpose.
(b) In selecting hearing officers for administering special education due process hearings, OSSE shall submit potential candidates for review to a 7-member community review panel.
(c)(1) The members of the community review panel shall be appointed by OSSE and consist of the following:
(A) One attorney knowledgeable in the field of special education who has experience representing parents and who is admitted to practice and in good standing in the District of Columbia;
(B) One attorney knowledgeable in the field of special education who has experience representing schools and who is admitted to practice and is in good standing in the District of Columbia;
(C) One educator knowledgeable in the field of special education and special education programming;
(D) One representative from a charter school LEA who is knowledgeable in the field of special education and special education programming;
(E) One representative from DCPS who is knowledgeable in the field of special education and special education programming; and
(F) Two parents of individuals who are or at one time were eligible to receive special education and related services in the District of Columbia.
(2) No member of the community review panel may be an employee of OSSE.
(d) Following its review of candidates for hearing officers, the community review panel shall forward its recommendations to the State Superintendent of Education.
(Mar. 10, 2015, D.C. Law 20-194, § 202, 61 DCR 12411.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25C - Special Education Students Rights › Subchapter II - Due Process Hearings › § 38–2572.03. Evaluation and termination of hearing officers

§ 38–2572.03. Evaluation and termination of hearing officers.
(a) The State Superintendent of Education may establish a process for submitting the records of individual hearing officers to the community review panel for evaluation before exercising a contract option year.
(b) The contract of a hearing officer may only be terminated for good cause and after the hearing officer has been given notice and an opportunity to be heard.
(Mar. 10, 2015, D.C. Law 20-194, § 203, 61 DCR 12411.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25C - Special Education Students Rights › Subchapter II - Due Process Hearings › § 38–2572.04. Attorney abuses

§ 38–2572.04. Attorney abuses.
(a) Subject to IDEA and other applicable law, the chief hearing officer in the office for administering special education due process hearings (“office”) may enter an order restricting the practice of any attorney before the office after a showing that the attorney has engaged in a pattern of filing frivolous pleadings.
(b) A pattern of filing frivolous pleadings shall be established when an attorney has:
(1) Three or more federal court judgments against him or her due to the filing of frivolous pleadings;
(2) Three or more pleadings that are deemed by the chief hearing officer for the office as frivolous, unreasonable, or without foundation, including pleadings that were filed for an improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation; or
(3) Filed a due process complaint without the knowledge and consent of the represented party.
(c) The restrictions that may be imposed by the chief hearing officer of the office include:
(1) Disqualification from a particular case;
(2) Suspension or disqualification from practice in special education due process hearings in the District of Columbia;
(3) A requirement that an attorney obtain ethics or other professional training; or
(4) A requirement that an attorney appear only when accompanied by another attorney.
(d) An attorney subject to a restriction under subsection (c) of this this section shall be given notice and an opportunity to be heard before the imposition of the restriction or as soon after imposition of the restriction as is practicable.
(e) Any person suffering a legal wrong or adversely affected or aggrieved by any order under this section may obtain judicial review of that order in the United States District Court for the District of Columbia.
(Mar. 10, 2015, D.C. Law 20-194, § 204, 61 DCR 12411.)
2023 District of Columbia Code › Title 38 - Educational Institutions › Chapter 25C - Special Education Students Rights › Subchapter III - Rules › § 38–2573.01. Rules

§ 38–2573.01. Rules.
Pursuant to the authority granted in § 38-2602(b)(11), the State Superintendent of Education may issue rules to implement the provisions of this chapter; provided, that the State Superintendent of Education shall issue rules to implement § 38-2571.04(a) by July 1, 2016.
(Mar. 10, 2015, D.C. Law 20-194, § 301, 61 DCR 12411.)