5-A OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

5-A1 CHILD DEVELOPMENT FACILITIES: LICENSING

5-A DCMR § 100 AUTHORITY AND PURPOSE

AUTHORITY AND PURPOSE

In accordance with Section 7 of the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code § 7-2036 (2012 Repl. & 2015 Supp.)) (“Facilities Act”), the Office of the State Superintendent of Education (“OSSE”) shall administer and enforce this chapter.

The purposes of this chapter include the following:

Protecting and promoting the health, safety, welfare and positive development of children who receive services in licensed Child Development Facilities;

Defining the general procedures and requirements to obtain and maintain a license to operate a Child Development Facility; and

Setting forth the minimum standards applicable to the District’s licensed Child Development Facilities.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 100

5-A DCMR § 101 APPLICABILITY

APPLICABILITY

A Child Development Facility that is licensed (“Licensee”), required to be licensed, or applying for a license shall comply with the requirements of this chapter, and with all applicable federal and District of Columbia laws and regulations.

Unless specifically exempted, the provisions of this chapter shall apply to a Child Development Facility that is licensed, required to be licensed, or applying for a license under the Facilities Act and this chapter, and their respective staff.

The phrase “Child Development Facility” (“Facility”), as defined in this chapter, includes any person or persons, or entity or organization, whether organized formally or informally, unless specifically exempted:

That provides care, education, and other services, supervision, and guidance for more than two (2) infants, toddlers, and children that are not related, on a regular basis;

Includes the administration, program, and premises of a Child Development Facility, other parts of the building housing the Facility, and adjoining grounds over which the administrator has direct control; and

Includes:

A Child Development Center (“Center”);

A Child Development Home;

An Expanded Child Development Home (“Expanded Home”); and

An Out-of-School-Time (OST) Program.

Except as provided in Subsection 101.5, no person shall either directly or indirectly operate a Facility, for any purpose, until a license has been issued to that person stating that the use complies with the provisions of this chapter and all applicable federal and local laws and regulations.

The following child development services shall be exempt from obtaining a license to operate a Facility:

Occasional babysitting in a babysitter’s home or a child’s home for the children of one (1) family;

Care provided in a child’s home by a caregiver paid for by a child’s family;

Care provided for more than one (1) child in a Nanny-Share, as defined in this chapter;

Informal or occasional parent-supervised play groups;

Adult gyms or clubs that provide temporary babysitting as a benefit in order for members to utilize services;

Adult education programs that provide child care services while parent(s) are on the same campus as the child attending a class or education program for a temporary period of time;

Child-centered businesses that solely provide sessions, classes or activities including, but not limited to, tutoring, music, dance, sport, or art, while parent(s) or guardian(s) remain on the business’ premises;

Care provided in places of worship during religious services;

Care provided by a related person, as defined in this chapter;

Facilities operated by the Federal Government on Federal Government property, except that a private entity utilizing space in or on Federal government property is not exempt unless Federal law specifically exempts the Facility from the District of Columbia’s regulatory authority;

A District of Columbia public school or public charter school providing education services to children in grades pre-K-3 through twelfth (12th) grade during a full school day;

A private school providing education services to children in grades pre-K- through twelfth (12th) grade during the a full school day; and

A community based organization providing only pre-K education services to pre-K age children pursuant to the Pre-k Act and funded by OSSE;

Facilities that provide only before school care, only after school care, or only summer camp to school age children; and

Facilities otherwise exempted by law.

A Facility that has entered into a Child Care Subsidy Provider Agreement with the District of Columbia shall comply with the terms of such Provider Agreement in addition to the provisions of this chapter.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 101

5-A DCMR § 102 GENERAL LICENSE REQUIREMENTS

GENERAL LICENSE REQUIREMENTS

Except as otherwise provided in this chapter, no person shall either directly or indirectly operate a Child Development Facility without first obtaining a license issued by OSSE, or its successor agency.

A license shall be issued only to a Facility for which an application is made.

A license shall be for the address of the Facility’s actual site.

OSSE shall issue a license after receipt of a complete application, if OSSE determines that the application establishes, to OSSE’s satisfaction, that the Facility will be operated in compliance with the provisions of this chapter and all applicable federal and local laws and regulations.

If a conflict exists between a general requirement and a specific requirement of this chapter applicable to a particular classification or size of Facility, the specific requirement shall apply.

OSSE shall issue the following types of licenses:

Initial License. An initial license may be issued by OSSE to an applicant who is not currently licensed;

Renewal License. A renewal license may be issued by OSSE to a current Licensee demonstrating substantial compliance with this chapter that applies for renewal before the expiration of the current license; or

Restricted License. A restricted license may be issued by OSSE as an alternative to suspending or revoking an existing license when a Facility has one or more deficiencies.

The initial license and each renewal license may be valid for a three (3) year period beginning on the date of issuance.

Each Facility licensed pursuant to this chapter that accepts public funding shall participate in OSSE’s Quality Rating and Improvement System or any successor tiered-quality rating system.

Each Facility licensed pursuant to this chapter that does not accept public funding may participate in OSSE’s Quality Rating and Improvement System, or any successor tiered-quality rating system.

Each license shall state:

The name of the Licensee;

The name of the parent entity (if any) of the Licensee or person(s) with ownership interests in the Facility;

The classification of the Facility as Center, Home, or Expanded Home;

The address of the Facility;

The maximum allowable number of children who may be cared for at the Facility, including the maximum capacity for each age category of children served at the Facility;

The limitations, if any, on services authorized; and

The expiration date of the license.

A Licensee shall display the original license issued pursuant to these regulations, at all times in a conspicuous place readily visible and accessible to the public at the premise(s) named on the license.

A Licensee shall comply with the provisions stated on its license unless otherwise authorized under this chapter.

A separate license shall be required for each building functioning as a Facility, even if on the same premise(s).

A license shall remain the property of OSSE.

A license is not transferable, assignable, or subject to sale.

A license shall be void, and a Licensee shall surrender the license to OSSE immediately upon the occurrence of any of the following:

A Licensee closes the Facility permanently;

The license is revoked;

The license is suspended;

The license expires and the application for a renewal license is denied; or

The license expires and the Facility has not applied for a renewal license.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 102

5-A DCMR § 103 APPLICATION FOR INITIAL LICENSE

APPLICATION FOR INITIAL LICENSE

An applicant for an initial license to operate a Facility under this chapter shall initiate the application in the name of the person or persons or legal entity or entities with ownership interests and who are responsible for operation of the Facility.

Prior to submitting an application for an initial license to operate a Facility under this chapter, the applicant shall complete a Child Development Facility licensing orientation facilitated by or on behalf of OSSE. If an applicant submits an application prior to completing the required orientation, OSSE may suspend processing the application until this requirement is met.

An applicant for an initial license to operate a Facility under this chapter shall submit a complete application to OSSE.

OSSE shall consider that an application is complete when the applicable fees, imposed pursuant to Section 108 (Fees) of these regulations, all required documentation listed on the application form issued by OSSE, and all information requested on the application form, are provided.

In addition to the required documentation listed on the application form issued by OSSE, each applicant shall obtain, and provide OSSE with the original version of the following:

A Certificate of Occupancy, Home Occupation Permit, or other succeeding form of equivalent proof that the premise(s) comply with all applicable Federal and District of Columbia building, fire-safety, construction, and zoning laws, regulations and codes and that the premise(s) are fit and suitable for the operation of a Child Development Facility, issued by the District of Columbia Department of Consumer and Regulatory Affairs (“DCRA”);

A fire safety inspection certification or other equivalent proof that the premise(s) comply with all applicable Federal and District of Columbia fire safety laws, regulations and codes, issued by the District of Columbia Department of Fire and Emergency Medical Services (“FEMS”) not more than ninety (90) days old;

A certification or clearance report issued by a D.C. Department of Energy and Environment (“DOEE”) certified lead-based paint inspector, risk assessor, or dust sampling technician confirming that the Facility does not contain any lead-based paint hazards, issued no more than thirty (30) days prior to the date of application;

(c-1) Proof of compliance with Section 21a of the Facilities Act;

[RESERVED];

A Clean Hands certification that the applicant satisfies the requirements that must be met in order to obtain a license or permit from the District government, set out in D.C. Official Code § 47-2862, issued by the District of Columbia Office of Tax and Revenue within thirty (30) days of the date the application is submitted;

Proof of insurance, that includes a reasonable coverage amount, as determined by the District of Columbia Office of Risk Management, for the following types of coverage:

Commercial General Liability;

Umbrella “Follow Form” Liability;

Sexual Abuse & Molestation Liability; and

Vehicle liability covering every vehicle that will be used to provide transportation services to children at the Facility; and

A current, valid, and notarized building use agreement that identifies a contingency location that may be used if the primary location of operation ceases to be available and includes, but is not limited to, the following:

Contact information for the owner of the building;

The purpose of the use;

General guideline and requirements;

Proof of appropriate insurance coverage;

Proof of valid certificate of occupancy;

Proof of updated safety inspections that are required specific for a Child Development Facility;

User responsibilities;

User restrictions; and

Facility usage fee, if any.

An application for an initial license shall include a signed declaration by the applicant, or by a person authorized to submit the application on the applicant’s behalf if the applicant is not an individual, that the contents of the application and the information provided with it are true, accurate, and complete.

Upon receipt of a complete application for an initial license, and prior to the issuance of the license, OSSE shall review the application and conduct an on-site inspection to determine whether the Facility is in compliance with the requirements in this chapter.

If, in the course of the on-site inspection for an initial license, OSSE determines that a Facility is out of compliance with any requirement of this chapter, or that the application is deficient in any way, OSSE may issue a Statement of Deficiency(ies).

After receipt of notification from the applicant that every stated deficiency has been corrected, OSSE shall conduct a follow-up application review and inspection or inspections as needed to determine whether the Facility is in compliance with this chapter.

OSSE may deny the application for an initial license if:

An applicant fails to provide a complete application within ninety (90) days of the initial submission;

An applicant demonstrates inability to abate the identified deficiencies under this chapter within the required timeframe specified by OSSE, which shall not to exceed ninety (90) days;

An applicant demonstrates inability to comply with this chapter within the required timeframe specified by OSSE, which shall not to exceed one hundred and eighty (180) days;

An applicant or, if the applicant is a business entity, any owner, officer, or employee of the applicant, who the applicant plans to assign to work at the Facility is registered, or is required to be registered, on a State child protection registry or repository; or

The provisions of this chapter are not met.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by the Lead Exposure from Drinking Water in Child Development Facilities Prevention Amendment Act of 2017, enacted July 31, 2017 (D.C. Act 22-130; 64 DCR 7652 (August 11, 2017)); as amended by the Childhood Lead Exposure Prevention Amendment Act of 2017, effective September 23, 2017 (D.C. Law 22-0021; 64 DCR 7631 (August 11, 2017)). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 103

5-A DCMR § 104 APPLICATION FOR RENEWAL LICENSE

APPLICATION FOR RENEWAL LICENSE

The application for a renewal license shall be submitted no later than ninety (90) days before the expiration date of the existing license.

The existing license shall remain in effect until OSSE makes a final determination with regard to the application for a renewal license, if a Licensee submits a timely and complete renewal license application, provided that the Licensee complies with the terms, conditions, and restrictions applicable to the license.

An applicant for a renewal license to operate a Child Development Facility under this chapter shall submit a complete application to OSSE.

OSSE shall consider an application complete when the appropriate fees, pursuant to Section 108 (Fees) and all required documentation listed on the application form issued by OSSE, the documentation required by these regulations, and a fully complete application form is submitted.

In addition to the required documentation listed on the application form issued by OSSE, each applicant shall obtain:

A fire safety inspection certification or other equivalent proof from FEMS that the premise(s) comply with all applicable Federal and District of Columbia fire safety laws, regulations and codes, issued by FEMS;

(a-1) Proof of compliance with Section 21a of the Facilities Act;

A Clean Hands certification that the applicant satisfies the requirements that must be met in order to obtain a license or permit from the District government, set out in D.C. Official Code § 47-2862, issued by the District of Columbia Department of Tax and Revenue within thirty (30) days of the date the application is submitted;

A Certificate of Immunization Compliance that the applicant reached the immunization compliance target issued by the District of Columbia Department of Health;

Proof of insurance, that includes a reasonable coverage amount, as determined by the District of Columbia Office of Risk Management, for the following types of coverage:

Commercial General Liability;

Umbrella “Follow Form” Liability;

Sexual Abuse & Molestation Liability; and

Vehicle liability covering every vehicle that will be used to provide transportation services to children at the Facility; and

Contact information for the owner of the building;

The purpose of the use;

General guideline and requirements;

Proof of appropriate insurance coverage;

Proof of valid certificate of occupancy;

Proof of updated health and safety inspections specific to a Facility;

User responsibilities;

User restrictions; and

Facility usage fee, if any.

An application for a renewal license shall include a signed declaration by the applicant, or by a person authorized to submit the application on the applicant’s behalf if the applicant is not an individual, that the contents of the application and the information provided with it are true, accurate, and complete.

If a Licensee submits an incomplete or late application, the Licensee may pay the appropriate penalty fee to extend the current license until the application for the renewal license is approved or denied by OSSE, but for not longer than one hundred and eighty (180) days. If the application for a renewal license is still incomplete after one hundred and eighty (180) days, the current license will be deemed to have expired and the renewal application shall be deemed denied, effective on the first day after the expiration of this one hundred and eighty day (180) period.

If the Licensee submits an incomplete or late application, OSSE may, in its discretion, waive the penalty fee if the Licensee demonstrates to OSSE’s satisfaction, in writing:

Evidence of good faith effort to submit a complete application for a renewal license on time; and

Evidence of delay or hardship for reasons not within the Facility’s control.

Upon receipt of a complete application for a renewal license, and prior to the issuance of the renewal license, OSSE may conduct an on-site inspection to determine whether the Facility is in compliance with this chapter.

If, in the course of the on-site inspection for a renewal license, or review of an application for license renewal, OSSE determines that an existing Licensee is out of compliance with any requirement of this chapter, OSSE may issue a Statement of Deficiencies.

After receipt of notification from the existing Licensee that every stated deficiency has been corrected, OSSE shall conduct a follow-up inspection or inspections and, where appropriate, review of the application or other materials, to determine whether the Facility is in compliance with applicable laws and the regulations of this chapter. Nothing in this procedure shall extend the deadline by which a license be renewed in order to avoid being deemed denied.

OSSE may deny the application for a renewal license if:

An applicant fails to abate the identified deficiencies within the required timeframe specified by OSSE;

An applicant fails to comply with this chapter within the required timeframe specified by OSSE; or

The provisions of this chapter are not met.

If a renewal license is denied, the Licensee shall not care for any children and shall cease all operations upon the expiration of the current license.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by the Lead Exposure from Drinking Water in Child Development Facilities Prevention Amendment Act of 2017, enacted July 31, 2017 (D.C. Act 22-130; 64 DCR 7652 (August 11, 2017)); as amended by the Childhood Lead Exposure Prevention Amendment Act of 2017, effective September 23, 2017 (D.C. Law 22-0021; 64 DCR 7631 (August 11, 2017)). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 104

5-A DCMR § 105 APPLICATION FOR AMENDED LICENSE

APPLICATION FOR AN AMENDED LICENSE

A Licensee may submit an application to amend an issued license.

An application for an amended license shall be in the form approved by OSSE and include:

Justification for the amendment;

Description of the impact of the amendment on the services offered;

Applicable licensure fee required in Section 108 (Fees); and

Any other information OSSE may reasonably require.

An application for an amended license shall be subject to the same review and requirements as an application for an initial or renewal license, including an on-site inspection if OSSE determines it would be necessary or useful.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 105

5-A DCMR § 106 WAIVER

WAIVER

OSSE, may waive compliance with one or more provisions in this chapter, if OSSE determines, upon clear and convincing evidence the following:

The demonstrated immediate economic impact or hardship on the Facility or staff member is sufficiently great to make immediate compliance impractical despite diligent efforts;

The Facility or staff member is meeting or exceeding the intent of the regulation for which the waiver is requested; and

The health and welfare of staff and children are not jeopardized as alternative means have been put in place that ensure the health, safety, and welfare of children and staff.

A Child Development Facility licensed (“Licensee”), required to be licensed, or applying for a license may apply for a waiver by submitting a written request to OSSE that shall include the following:

Name, address of the Facility, and its assigned license number;

Citation of the rule for which a waiver is being sought;

The waiver sought;

Proof of immediate economic impact or hardship on the Facility or staff member;

Proof that the intent of the specific regulation shall be achieved in a manner other than that prescribed by the regulation and that the health, safety, and welfare of children in care will be preserved;

All other relevant information regarding the alleged hardship; and

Any other evidence OSSE may reasonably require.

OSSE shall respond to the request for a waiver, in writing, within thirty (30) days of receipt of the request.

Any waiver granted shall be posted at the Facility in the vicinity of the posted license and available on request.

Any waiver is issued at the discretion of OSSE and may be revoked by OSSE at any time, either upon violation of any condition attached to it, or upon the determination of OSSE that continuance of the waiver is no longer in the best interest of children in its care.

Noncompliance with the terms of the waiver shall void the waiver, require the site to comply with the regulation that had been waived, and may be the basis of additional enforcement action.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 106

5-A DCMR § 107 RESTRICTED LICENSE

RESTRICTED LICENSE

As an alternative to suspending or revoking an existing license when a Child Development Facility (“Facility”) has one (1) or more deficiencies, OSSE may issue a restricted license for no more than one (1) year, based upon the anticipated completion of corrective actions required pursuant to a Statement of Deficiencies.

OSSE may issue a restricted license for no more than thirty (30) days if a Facility needs to relocate to its identified contingency location due to a temporary closure, so long as the Facility has a current and valid building use agreement with the contingency location.

A Facility operating under a restricted license shall not enroll additional children.

A Licensee may only operate within the individualized parameters of the restricted license, as determined by OSSE, based on the Facility specific deficiencies.

A restricted license will not be issued for deficiencies that jeopardize the health, safety, or welfare of children, staff, or the general public.

If all of the noted deficiencies are successfully addressed during the restricted license period, OSSE will reinstate the full license that had been in effect to the Licensee.

Failure to successfully complete the corrective action(s), the basis of which resulted in the restricted license, will result in automatic termination of the restricted license or suspension or revocation of the Facility’s license, or both.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 107

5-A DCMR § 108 FEES

FEES

Fees for a license to operate a Child Development Facility (“Facility”) shall vary based on the type of Facility and the capacity of the Facility, as determined by OSSE.

Each applicant for a license to operate a Facility shall pay an application and pre-licensure inspection fee in the amount of seventy-five dollars ($75.00).

Each applicant for an initial license to operate a Facility for a three (3) year duration shall pay the applicable fee:

Initial License Fees

Applicable Fee

Child Development Home or Expanded Home

$225.00

Child Development Center, 1 - 50 Children

$600.00

Child Development Center, 51 - 100 Children

$900.00

Child Development Center, 101 - 175 Children

$1,200.00

Child Development Center, Over 175 Children

$1,500.00

Each applicant for a renewal license to operate a Facility for a three (3) year duration shall pay the applicable fee:

Renewal License Fees

Applicable Fee

Child Development Home or Expanded Home

$225.00

Child Development Center, 1 - 50 Children

$600.00

Child Development Center, 51 - 100 Children

$900.00

Child Development Center, 101 - 175 Children

$1,200.00

Child Development Center, Over 175 Children

$1,500.00

A penalty fee may be imposed for a late or incomplete renewal license application, pursuant to this chapter, to extend a Facility’s current license accordingly:

Penalty Fee for Renewal License

Applicable Fee

90 day Extension

$100.00

180 day Extension

$200.00

The followings fees are also applicable to a license to operate a Facility:

Other Fees

Applicable Fee

Fee to Replace an Issued License

$100.00

Fee to Amend an Issued License

$100.00

OSSE may make reasonable adjustments to license fees, by rulemaking. A new fee schedule shall be published by OSSE at least thirty (30) days before any new fee is implemented.

The fees described in this section do not include the cost of any inspections to be conducted by an entity or agency other than OSSE, including but not limited to, a fire or lead based paint hazard inspection.

Fee payment is non-transferrable and non-refundable.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 108

5-A DCMR § 109 CHANGES REQUIRING A NEW LICENSE

CHANGES REQUIRING A NEW LICENSE

A Child Development Facility licensed by OSSE shall submit an application for an initial license if:

A change in ownership, as defined in this chapter, is proposed. When a change in ownership of a Facility will occur, a Licensee shall apply for a new initial license at least ninety (90) days before new ownership takes effect; and

A change in location is proposed. When a Facility permanently changes location, it is considered a new operation. A Licensee shall apply for a new initial license and a new license shall be obtained, prior to opening at the new location. A temporary closure, pursuant to Subsection 107.2, is not considered a change in location.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 109

5-A DCMR § 110 NOTICE REQUIREMENTS FOR CHANGES IN OPERATION

NOTICE REQUIREMENTS FOR CHANGES IN OPERATION

Licensee shall notify OSSE in writing no less than thirty (30) calendar days before the implementation of any of the following planned changes in operation:

Renovation or alteration of the premises that exceeds the scope of minor modification pursuant to Title 11 DCMR, and that requires the Facility to submit an application for modification to DCRA. Upon receiving a new Certificate of Occupancy but prior to serving any additional children, a Licensee shall apply for an amended license;

Change in telephone number of the Facility or a disruption of telephone service at the Facility;

A significant change in circumstances, including but not limited to:

Operation of the program;

Hours of operation;

Services provided;

Increase in capacity;

Program space usage; or

Closure of the Facility.

In the case of a Child Development Home or Expanded Home, a change in the Caregiver’s first or last name;

In the case of a Child Development Home or Expanded Home, any new additional person(s) who intend to reside in the household and who were not listed on the application for licensure, including the new member’s criminal history; or

In the case of a Child Development Center, a change in the Center Director, including the new Center Director’s credentials.

If a Facility undergoes any of the listed changes in operation without the change being planned in advance, the Licensee shall notify OSSE, in writing, within twenty-four (24) hours of the change occurring.

Upon notification of the change(s), OSSE may inspect the Facility to evaluate the impact of the change(s) on the provision of child development services.

Based upon the nature of the change(s) in operation, OSSE may require that an initial or renewal application, along with the appropriate fees, be submitted.

Upon notification of the change(s), OSSE may issue an amended license, consistent with the approved change(s) and subject to the provisions of this chapter.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 110

5-A DCMR § 111 MONITORING AND INSPECTIONS

MONITORING AND INSPECTIONS

OSSE, and any other duly authorized official of OSSE or another agency of the District of Columbia having jurisdiction over or responsibilities for a Child Development Facility (“Facility”), after presenting official credentials or identification or authority issued by the District of Columbia, shall have the right, either with or without prior notice, to enter upon and into the premises of any Facility licensed, required to be licensed or that has applied for licensure, to facilitate verification of information submitted by a Facility and to determine compliance with the Facilities Act or other applicable Federal and District of Columbia laws and regulations.

An authorized entrant shall conduct an inspection in a manner that minimizes disruption to a Facility.

The right of entry and inspection shall also extend to any premise that OSSE reasonably believes is being operated or maintained as a Facility without a valid license provided that entry or inspection shall be made with the permission of the individual in charge of the premises or with a warrant obtained from the D.C. Superior Court, pursuant to D.C. Official Code § 11-941, or an appropriate court of competent jurisdiction, authorizing the entry or inspection for the purpose of determining compliance with this chapter.

OSSE is authorized to issue a subpoena to inspect and investigate a Facility in order to determine compliance with the provisions of this chapter, that may be enforced in accordance with the terms of D.C. Official Code § 7-2036(b).

OSSE, and other authorized District of Columbia officials, shall have access to all records of the Facility, including but not limited to:

Child, staff, and administrative records;

Financial, tax, and inspection records;

Surveillance footage from a Facility’s recording devices;

Policies and procedures; and

Any other information or documentation necessary to determine the Facility’s compliance with applicable Federal and District of Columbia laws and regulations.

Each Licensee shall receive, at minimum, one (1) annual announced and one (1) annual unannounced inspection to:

Facilitate verification of information submitted by the Licensee;

Determine compliance with the Facilities Act, or other applicable Federal and District of Columbia laws and regulations; and

Verify compliance with waiver terms, if applicable.

Annual required documents shall be updated and available for review during annual inspections.

Upon its own initiative, or upon receipt of information alleging violation(s) of any law or regulation under its jurisdiction, OSSE may conduct announced or unannounced on-site investigations or desk audits.

OSSE shall maintain and make available to the public by electronic means, a list of all of the Facilities licensed that includes the following information for each licensed Facility:

Dates of monitoring and inspection;

Results of monitoring and inspection reports;

Any corrective action taken;

Substantiated complaints about failure to comply with the provisions of this chapter or such amendment, and all applicable federal and local laws and regulations; and

The number of deaths, serious injuries, and instances of substantiated child abuse that occurred in each Facility.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 111

5-A DCMR § 112 ENFORCEMENT ACTIONS

ENFORCEMENT ACTIONS

A Child Development Facility licensed, required to be licensed, or applying for a license may be subject to any of the following enforcement actions by OSSE, or any other authorized government entity, when that agency or entity has jurisdiction, for violations of Federal or District of Columbia laws or regulations:

Denial of application for initial license;

Denial of application for renewal license;

Issuance of a restricted license;

Suspension of a license;

Revocation of a license;

Cease and desist order;

Civil fines;

Summary suspension;

Criminal prosecution; or

Injunction.

Other than where OSSE proposes to issue a Notice of Summary Suspension or a Cease and Desist order, OSSE shall provide written notification of the proposed enforcement action to the Licensee or applicant prior to initiating any of the enforcement actions in Subsection 112.1.

Advance written notice is not required prior to summary suspension or issuance of a cease and desist order.

Unless otherwise specified in this chapter, Notice required by this section shall be served by certified mail upon the Licensee or applicant at the current physical address of the Facility as shown in OSSE’s records.

Notice served by certified mail is deemed served on the date stamped upon the return receipt, indicating delivery of the Notice to the applicant or Licensee.

Unless otherwise specified in this chapter, written notification of a proposed enforcement action shall include the following:

The intent and nature of the proposed enforcement action, specifying the basis for the intended action;

Notice of the effective date of the proposed action;

Notice of the description of, and citation for, each violation alleged;

In the case of a license suspension, notice of the time period of the proposed suspension;

Signature of authorized OSSE official;

Notice that an applicant or Licensee may request a hearing on the proposed enforcement action by submitting a written request to the Office of Administrative Hearings within ten (10) business days after receipt of the Notice, or, if a different time period is prescribed by law, within the applicable time period (which shall be identified in the Notice);

Notice that the proposed action shall become final without a hearing on the eleventh (11th) business day after service of written notification of the proposed enforcement action if the applicant or Facility fails to request a hearing within the time and in the manner specified.

Notice that the Licensee will be required to surrender its current license to OSSE upon final action to convert the license to restricted status, or to suspend, or revoke the license.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 112

5-A DCMR § 113 REVOCATION, DENIAL, AND SUSPENSION

REVOCATION, DENIAL AND SUSPENSION

An application for a license to operate a Facility may be denied by OSSE or a license to operate a Facility issued pursuant to this chapter may be denied for renewal, suspended for a period determined by OSSE, or revoked by OSSE if the applicant or Licensee, or an employee or volunteer of either, has:

Failed to comply with any provision of the Facilities Act or this chapter;

Failed to comply with any federal or District of Columbia laws or regulations applicable to Facilities;

Fraudulently or deceptively obtained or attempted to obtain an initial license or renewal license or committed any other action described in D.C. Official Code § 7-2040(3);

Provided false or misleading information on any form or report required by OSSE;

Failed to allow authorized officials entry to conduct an inspection or investigation, or to otherwise determine whether the applicant or Licensee is in compliance with this chapter or any relevant federal or District of Columbia laws or regulations;

Employed any method of discipline prohibited by this chapter;

Been determined by a duly authorized District of Columbia government official to pose a danger to children or youth, pursuant to CYSHA;

Pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of, one of the following crimes as defined in the District of Columbia Official Code or a comparable crime in another state or federal law:

Murder;

Child abuse;

Rape or sexual abuse;

A sexual offense involving a minor or non-consenting adult;

Child pornography;

Kidnapping or abduction of a child;

Subject to Subsection 133.1, illegal possession, use, sale, or distribution of controlled substances;

Illegal possession or use of weapons;

A felony involving behavior or acts that gravely violate moral sentiments or accepted moral standards of this community and are of a morally culpable quality;

A crime of violence as defined in District of Columbia Official Code § 23-1331(4);

Failed to report suspected child abuse or neglect, as required by District of Columbia Official Code § 4-1321.02;

Been denied a license to operate a Facility or had a license to operate a Facility denied, suspended, or revoked in another jurisdiction within the previous three (3) years for a cause which would be grounds for denial, suspension, or revocation under this section;

If the Facility at issue is a Child Development Home, a determination that any person living in the home that operates as a licensed Facility has pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of, any of the offenses identified in Subsection 113.1(h);

A determination that an applicant or Licensee, or any employee or volunteer who is reasonably expected to come into contact with one (1) or more children, has admitted to or has been found to have abused or neglected a child in the District of Columbia or in any other jurisdiction;

Any bankruptcy of the Facility or the parent entity of the Facility; or

Voluntarily closure by a Facility while enforcement action is pending without OSSE approval.

A Licensee may not reapply for a license for a period of three (3) years if the license to operate a Child Development Facility is revoked.

If the license of a Facility is suspended or revoked for a building structural issue or construction, the owner, Center Director or Caregiver may reapply for a license after all building structural issues are abated or construction is completed, provided that the application shall include such evidence as is reasonably required by OSSE to determine that all building structural or construction issues have been resolved.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as corrected by Errata Notice published at 64 DCR 8231 (August 18, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 113

5-A DCMR § 114 SUMMARY SUSPENSION

SUMMARY SUSPENSION

OSSE may issue a Notice of Summary Suspension to summarily and immediately suspend the license of a Facility, for a period of not more than forty-five (45) calendar days, unless otherwise provided for in this section, upon finding that circumstances present an imminent danger to the health, safety, or welfare of children, adults, or the general public.

OSSE may stop placement of children eligible for subsidized care in the Facility once a Notice of Summary Suspension has been issued.

An imminent threat to the health, safety, or welfare of children , adults, or the general public may include, but is not limited to, an imminent threat of:

Poor air quality;

Evidence of rodents and insects in the Facility;

Inadequate staffing;

Issues pertaining to improper sanitation and hygiene;

Substantiated claims of child abuse;

Unsafe handling and preparation of food; or

Any other situation that constitutes a violation of this chapter or the Facilities Act that poses an imminent danger to the health, safety, or welfare of children, adults, or the general public.

A summary suspension of a license shall be effective upon the delivery to the Facility of a written Notice of Summary Suspension, unless otherwise specified by OSSE in the Notice.

The Notice of Summary Suspension shall:

Be hand-delivered to the Licensee, at the current physical address of the Facility as shown in OSSE’s records; and

Provide that the Licensee may, within five (5) days after receipt of the Notice, request a hearing. If no request for a hearing is made, the Notice shall become the final administrative decision of the agency.

Once a Notice of Summary Suspension has been delivered to a Facility, the Licensee shall immediately:

Surrender the Facility’s current license to OSSE;

Cease the provision of all child development services;

Provide parents and guardians with written notification of the Notice of Summary Suspension. Written notification of the Notice of Summary Suspension shall state the reason provided by OSSE for the Notice of Summary Suspension, and inform parents and guardians of the need to make alternative child care arrangements; and

Provide OSSE with a copy of the written notification provided to parents and guardians.

Except as provided in Subsections 114.10 through 114.12, during the summary suspension period, OSSE shall either reinstate the current license or initiate proceedings for the revocation of the license.

A license that has been summarily suspended may be reinstated before the end of the suspension period if OSSE determines that the Facility has:

Provided parents and guardians with proper and complete information regarding the Notice of Summary Suspension;

Completely abated the perceived or actual threat to the health, safety, or welfare of children, adults, or the general public or established that there was, in fact, no such threat; and

Demonstrated substantial compliance with the Facilities Act and with this chapter.

Requests for review of an OSSE’s Notice of Summary Suspension shall be filed with the Office of Administrative Hearings not later than five (5) days after the date the written notification of the Notice of Summary Suspension is issued. If a request for review is not received within a timely manner, the summary suspension shall become the final administrative decision of the agency.

Upon a timely request for an expedited hearing pursuant to this section, the Office of Administrative Hearings (OAH) shall conduct the hearing within five (5) business days after the request, and the Office of Administrative Hearings shall issue a decision within five (5) business days after the hearing record is closed.

The Administrative Law Judge’s final decision shall be in writing and is the final administrative decision.

If OAH upholds the basis for summary suspension, and the deficiency is not reinstated pursuant to Subsection 114.8, the Facility may, before the end of the initial suspension period, ask OSSE to extend the suspension period for an additional forty-five (45) days.

The burden to demonstrate good cause for extending a summary suspension shall be that of the Facility, and shall include written evidence from the Facility showing significant progress has been made toward achieving compliance with the law(s) or regulation(s) cited, a plan for achieving such compliance within the additional time sought and information establishing why it is substantially likely that the Facility will, in fact, achieve such compliance, and that only through the provision of such additional time will the Facility be able to demonstrate such compliance.

If OSSE determines, in its sole discretion, that there is a substantial likelihood that if the Facility is granted an additional forty-five (45) days in which to correct all violations cited in the Notice of Suspension, and will be able to operate in accordance with this chapter and the Facilities Act, OSSE may, in its sole discretion, extend the summary suspension for up to an additional forty-five (45) days. Under no circumstance shall a summary suspension period last more than a total of ninety (90) calendar days.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 114

5-A DCMR § 115 CEASE AND DESIST

CEASE AND DESIST

If OSSE reasonably believes that a Licensee, parent entity, or any person has violated the Facilities Act or any provision of this chapter, and that the violation presents an imminent threat to the health, safety, or welfare of children, adults, or the general public, OSSE may issue a written cease and desist order directing the Facility, parent entity, or person to cease and desist from the violating action(s).

The cease and desist order shall be effective upon the delivery of the cease and desist order. The cease and desist order shall be hand-delivered to the Licensee, or to an adult employee or family member of the Licensee, at the current physical address of the Facility as shown in OSSE’s records.

The cease and desist order shall:

Be hand-delivered to the Licensee or to an adult employee or family member of the Licensee, at the current physical address of the Facility as shown in OSSE’s records; and

Provide that the Licensee may request an expedited hearing within five (5) days after receipt of the Cease and Desist Order. If no request for a hearing is made, the Order shall be final.

Once a Facility has received a cease and desist order, the Licensee shall immediately:

Surrender the Facility’s current license to OSSE;

Cease the provision of all child development services;

Provide parents and guardians with written notification of the Cease and Desist Order. Written notification of the Cease and Desist Order shall state the reason provided by OSSE for the Cease and Desist Order, and inform parents and guardians of the need to make alternative child care arrangements; and

Provide OSSE with a copy of the written notification provided to parents and guardians.

Upon a timely request for an expedited hearing pursuant to this section, the OAH shall conduct the hearing within five (5) business days after the request, and the Office of Administrative Hearings shall issue a decision within five (5) days after the hearing record is closed.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 115

5-A DCMR § 116 CIVIL FINES, CRIMINAL PROSECUTION AND INJUNCTIONS

CIVIL FINES, CRIMINAL PROSECUTION AND INJUNCTIONS

Civil fines and penalties may be imposed for any violation of the Facilities Act or of this chapter, pursuant to the District of Columbia Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.). Adjudication of all charged infractions shall be conducted pursuant to Titles I through III of the Civil Infractions Act, except that where a requirement under this chapter conflicts with a requirement under the Civil Infractions, the provision in this chapter shall apply.

Any violation of the Act may result in criminal prosecution, whereupon the violator shall, upon conviction, be subject to imprisonment not to exceed six (6) months, or a fine not to exceed three hundred dollars ($300.00), or both. Each unlawful act shall constitute a separate violation of this chapter.

Any person who has been previously convicted of an offense in violation of the Act shall, upon a subsequent conviction for the same offense, be subject to imprisonment not to exceed one (1) year, a fine not to exceed five thousand dollars ($5,000.00), or both.

Prosecutions shall be brought by the Attorney General for the District of Columbia or the United States Attorney for the District of Columbia in the Superior Court of the District of Columbia.

In any prosecution conducted for violation of the Act, a Child Development Facility claiming an exemption from a licensing requirement shall have the burden of proving entitlement to the exemption.

The Attorney General may bring a civil action in the Superior Court of the District of Columbia to enjoin any violation of the Facilities Act or of this chapter.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 116

5-A DCMR § 117 ADMINISTRATIVE HEARINGS

ADMINISTRATIVE HEARINGS

The Office of Administrative Hearings (“OAH”), pursuant to the OAH Act, will hear and decide licensing appeals where it is alleged by a Licensee or an applicant for a license that there is an error in any order, requirement, decision, determination, or refusal made by OSSE in the administration or enforcement of the Facilities Act and this chapter.

Hearings conducted by OAH will comply with this chapter, the OAH Act, the Facilities Act and applicable rules and procedures established by the OAH Rules of Practice and Procedure set out at 1 DCMR Chapters 28 (Office of Administrative Hearings: Rules of Practice and Procedure) and 29 (Office of Administrative Hearings: Rules for DCPS, Rental Housing, Public Benefits, and Unemployment Insurance Cases).

Parties may participate in settlement negotiations prior to a hearing, and may enter into a negotiated settlement agreement in lieu of participating in a hearing.

Each hearing shall be conducted in accordance with the requirements of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1208; D.C. Official Code § 2-509), unless otherwise provided in this chapter, the OAH Act, or in the OAH Rules of Practice and Procedure set out at 1 DCMR Chapters 28 and 29.

Any person(s) aggrieved by a final decision of OAH may appeal the decision to the District of Columbia Court of Appeals pursuant to Section 11 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-510).

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 117

5-A DCMR § 118 REQUIREMENTS FOR ALL LICENSED CHILD DEVELOPMENT FACILITIES

REQUIREMENTS FOR ALL LICENSED CHILD DEVELOPMENT FACILITIES

A licensed Child Development Facility (“Licensee”) shall operate in accordance with the license capacity, age range limitations, hours of operation and other specific service requirements or restrictions designated on its license.

Except as provided in Subsection 118.3, a Licensee shall comply with the requirements set forth in Sections 118 to 161, regardless of the Licensee’s classification as a Center, Child Development Home, Expanded Home, or out-of-school-time program.

If a conflict exists between a general requirement set forth in Sections 118 to 161, and a specific requirement of this chapter applicable to a particular classification or size of Child Development Facility, the specific requirement shall apply.

A Licensee shall exclude any employee with a communicable disease from the workplace, to the same extent and in the same manner as school employees are excluded and readmitted pursuant to 5-E DCMR §§ 1023.1, 1023.5, and 1023.9.

A Licensee shall protect the safety, health, and welfare of all children within their care.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 118

5-A DCMR § 119 CAPACITY

CAPACITY

License capacity is the maximum number of children the Licensee is licensed to care for at any given time, as determined by OSSE.

OSSE shall determine limitations on the license capacity based on the following criteria:

Occupancy capacity established by DCRA or by FEMS;

Program space requirements, as provided in this chapter;

Lavatory requirements, as provided in this chapter; and

Adult-to-child ratios and maximum group size requirements, as established in this chapter.

Any Facility requesting a change to its license capacity under a current license shall submit an application to amend an issued license to OSSE, with the payment of the appropriate fee, in accordance with Section 108 (Fees).

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 119

5-A DCMR § 120 SUPERVISION

SUPERVISION

Children shall be supervised while at the Facility by responsible staff and volunteers who can see and hear the children supervised at all times including but not limited to when they are napping or sleeping, on the playground, on field trips, on vehicular and non-vehicular excursions, and during all water activities and water play activities.

A Licensee shall have a written staffing plan to ensure the required supervision of all enrolled children at all times.

A Licensee shall have a written staffing policy to ensure proper supervision of all enrolled children at all times, which shall include a mobile device use policy.

Children shall not be left alone in any room, outdoors, or in vehicles, even momentarily, without staff present.

A staff member shall be assigned to supervise specific children whose names and whereabouts the staff member shall know and with whom the staff member shall be physically present. Staff shall be able to state how many children are in their care at all times.

Individuals who do not serve a purpose related to the care of children shall not be present at the Facility for longer than a brief period of time while children are being cared for. Individuals who hinder supervision of children shall not be present at the Facility at any time when children are being cared for.

Performance of staff duties that are not directly related to the supervision of children, including cooking, housekeeping, or administrative functions shall not interfere with the supervision of children.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 120

5-A DCMR § 121 ADULT-TO-CHILD RATIOS AND GROUP SIZE

ADULT-TO-CHILD RATIOS AND GROUP SIZE

Adult-to-child ratios and group sizes are established to ensure the health and safety of all children.

Minimum adult-to-child ratios shall be met at all times, including non-peak hours, during nap or rest periods, and in vehicles during transport.

A licensed Child Development Facility (“Licensee”) shall maintain the adult-to-child ratios and group sizes as specified herein:

For Child Development Centers serving infants, toddlers, and/or preschoolers:

AGE OF CHILDREN

ADULT-TO-CHILD

RATIO

MAXIMUM SIZE OF

GROUP

0 - 24 months

1:4

24 - 30 months

1:4

30 months - 48 months

1:8

48 months – 60 months years

1:10

For Child Development Centers providing out-of-school-time care to school age children:

AGE OF CHILDREN

ADULT-TO-CHILD

RATIO

MAXIMUM SIZE OF

GROUP

Under 6 years

1:12

6 years and older

1:15

For Child Development Homes and Expanded Homes serving infants, toddlers, and/or preschoolers, and providing out-of-school-time care to school age children:

AGE OF CHILDREN

ADULT-TO-CHILD

RATIO

MAXIMUM NUMBER OF CHILDREN ENROLLED

1 child under 2 years of age and 1 to 11 children over 2 years of age

1:6

2 children under 2 years of age and 1 to 4 children over 2 years of age

1:6

3 children under 2 years of age and1 to 6 children over 2 years of age

1:3 (but at least 2 Caregivers)

4 children under 2 years of age and 1 to 8 children over 2 years of age

1:3 (but at least 2 Caregivers)

5 children under 2 years of age and 1 to 4 children over 2 years of age

3 Caregivers

6 children under 2 years of age and

1 to 3 children over 2 years of age

3 Caregivers

A child who is non-ambulatory will be treated the same as a child under two (2) years of age for purposes of the adult-to-child ratio requirements.

[RESERVED].

When children of different ages are combined in one group, the adult-to-child ratio for the youngest child shall apply, except as provided for in Subsections 121.10 and 121.13 to 121.15.

Except as otherwise provided for in this section, volunteers shall not be used to meet adult-to-child ratio requirements. Only employees responsible for directly providing care of, or supervision or guidance to, children shall be counted in the adult-to-child ratios.

Child Development Centers shall have at least two (2) staff members supervising each group at all times. At Child Development Centers serving infants, toddlers, and or preschoolers (or any combination of these), there shall be two Teachers or a Teacher and an Assistant Teacher or aide for each group at all times, except as further specified in this section.

During non-peak hours or during nap or rest periods, adult-to-child ratios shall be maintained, however another adult staff member or adult volunteer may substitute for one (1) of the staff members specified, provided that at least one (1) Teacher or Assistant Teacher supervises the group.

While children with varying ages anywhere from ages thirty (30) months and older are grouped together for napping, one (1) staff person shall be present within sight and sound of the children at all times. A second staff person or volunteer on duty shall also be present on the same floor of the Facility and immediately available to assist in event of an emergency.

In part-day programs that operate no more than four (4) hours per day, the Licensee may substitute an adult volunteer for an Assistant Teacher or aide.

If the required adult-to-child ratio is met but the situation or circumstance requires additional staff in order to ensure that all children are within the sight and hearing of staff members, then the Licensee shall provide additional staff to ensure adequate supervision of all children.

A licensed Montessori Child Development Facility that is duly accredited by the American Montessori Society (“AMS”) or the Association Montessori International (“AMI”), or other OSSE approved non-traditional programs, may exceed the adult-to-child ratio or group size requirement for centers by no more than fifty percent (50%) of the ratios established by this chapter.

When children of varying ages anywhere from ages two (2) years or older are grouped together in conformance with the implementation of a Montessori curriculum, as measured on January 1 of the current school year, the average age of all of the children in the age group of two (2) through five (5) years shall be used to determine the group maximum size and appropriate adult-to-child ratio.

A Licensee may be granted an exemption to the adult-to-child ratio requirements, if the Facility submits a written request to OSSE in accordance with Section 106 (Waiver) and OSSE, in its sole discretion, concludes that granting the exemption will not jeopardize the health, safety, or welfare of the children being cared for. This request shall also include the following information:

A detailed description of the program model, including its history and supporting evidence that demonstrates the effectiveness of the model;

A detailed explanation as to why an exception to the adult-to-child ratio is integral to the delivery of the program model;

An explanation and supporting evidence that the program’s proposed adult-to-child ratio will not jeopardize the health, safety, welfare of children; and

Any other information that OSSE may reasonably require.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 121

5-A DCMR § 122 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: GENERAL REQUIREMENTS

HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: GENERAL REQUIREMENTS

A Licensee shall ensure that every building or part thereof that is used as a Facility, is constructed, used, furnished, maintained, and equipped in compliance with all applicable requirements established by District and federal laws and regulations with written certification of compliance from the appropriate regulatory bodies governing zoning, building construction and safety, sanitation, and fire safety.

A Licensee shall, at all times, maintain adequate indoor space for the daily program measured on the inside wall-to-wall dimensions, as follows:

A minimum of forty-five square feet (45 ft2) of program space per infant;

A minimum of thirty-five square feet (35 ft2) of unencumbered program space per toddler and child; or

A minimum of forty-five square feet (45 ft2) of encumbered program space per child.

A Licensee shall ensure that exits are:

Clearly identified;

Free of all obstructions; and

Arranged or marked so the path to exit the building is visible and clear.

A Licensee shall not operate any other business that may either impact the health and safety of the children and staff or interfere with the overall operation of the Facility on the same premises that is licensed by OSSE as a Facility.

A new or revised Certificate of Occupancy or Home Occupation permit shall be required:

At the time of any major modification or alteration of any existing premises or structure used by the Facility, but prior to the continued use of the modified or altered portions of the premises or structure for child development purposes;

Prior to the use of any portion of the premises or structure that was not previously inspected and approved for use by DCRA as a Child Development Facility;

Prior to submitting an application to increase the number of children under thirty (30) months of age to be enrolled at the Child Development Facility; and

Prior to submitting an application for a change in licensure capacity of the Child Development Facility.

A Licensee shall undergo a fire safety inspection and shall, annually, obtain certification from FEMS that the premises conform to all applicable fire safety and related codes.

A Licensee shall, at its own expense, undergo an additional fire safety inspection under the following circumstances:

Prior to the use of any portion of the premises or structure that was not previously inspected and certified as conforming to the applicable fire and safety related codes for use as a Child Development Facility;

Prior to submitting an application to increase the number of of children under thirty (30) months of age to be enrolled at the Child Development Facility; and

Prior to submitting an application for a change in licensure capacity of the Child Development Facility.

A Licensee shall ensure that a Facility is:

Free of any lead-based paint hazards; and

In compliance with Section 21a of the Facilities Act with respect to all drinking water sources.

[RESERVED]

A licensed Facility shall be accessible for children and adults with disabilities, in accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. Accessibility includes access to buildings, toilets, sinks, drinking fountains, outdoor play areas, meal and snack areas, and all classroom and therapy areas.

All program space that children use shall be heated, cooled, and ventilated to maintain the required temperatures, and air exchange to avoid accumulation of odors and fumes.

A Licensee shall ensure that:

All access points to stairs are restricted by gates;

All doors or windows are protected with guards that prevent exit by a child; and

All blinds have child protective coverings ensuring cords are not accessible to children.

A Licensee shall ensure that the Facility is free of moisture, mold, and mildew, including but not limited to, moisture resulting from water leakage or seepage.

A Licensee shall ensure that waste receptacles have a hands-free opening mechanism, are kept clean, lined with plastic bags, in good repair, and emptied at least daily.

A Licensee shall ventilate program space by mechanical ventilation, such as fans, air conditioning, or at least one (1) operable window. The following criteria shall apply to mechanical ventilation units and windows:

A freestanding fan shall be placed in a stable location, have a stable base, be equipped with a protective guard, and be inaccessible to children;

Windows, including windows in doors, when utilized for ventilation purposes, shall be securely screened to prevent the entry of insects;

Windows accessible to children under five (5) years of age that are above ground level of the building shall be adjusted to limit the opening to less than six (6) inches or be protected with guards that do not block natural lighting; and

A Facility with glass doors shall place decals at the eye level of the children in its care.

A Licensee shall not use space heaters unless it has received express approval, in writing, from an official of FEMS. If provide written approval, space heaters shall:

Be attended while in use and be off when unattended;

Be inaccessible to children at all times;

Have protective covering to keep hands and objects away from the electric heating element;

Be placed on the floor only and at least three (3) feet from curtains, papers, furniture, and any flammable object;

Be properly vented, as required for proper functioning;

Not be used with an extension cord; and

Be used in accordance with the manufacturer's instructions.

A Licensee shall ensure that fireplaces and fireplace inserts are inaccessible to children at all times.

A Licensee shall maintain hot and cold running water under pressure. Hot running water shall be maintained at one hundred degrees Fahrenheit (100°F).

A Licensee shall ensure that the Facility’s premises remain clear of insects, rodents, and other pests and excrement of insects, rodents, and other pests.

A Licensee shall maintain preventative measures to control insects, rodents, and other pests to comport with best practices and to prevent and eliminate harborage, breeding, and infestation at the Facility’s premises. If a harboring, breeding, or infestation of insects, rodents, or other pest occurs on the premises of the Facility, the Licensee shall immediately report the infestation to OSSE as an unusual incident and take immediate steps to have the insects, rodents, or other pests eliminated from the Facility.

A Licensee shall maintain at the Facility a log documenting the use of extermination services, which shall be provided only by a licensed pest control professional. Children shall not be present while pesticides are being applied or within twenty-four (24) hours of application.

A Licensee shall install and maintain working carbon monoxide detectors if there is any gas service in the building. Carbon monoxide detectors shall be tested every six (6) months with a written log of testing records maintained at the Child Development Facility.

A Licensee shall install and maintain an appropriate number of working smoke detectors located in locations consistent with District code requirements and shall ensure they are in working order at all times. Smoke detectors shall be tested quarterly with a written log of testing records maintained at the Child Development Facility.

A Licensee shall perform fire drills, at least monthly, with a written log of the fire drills maintained at the Child Development Facility.

A Licensee shall maintain adequate storage space for play and teaching equipment, supplies, records, and children’s possessions and clothing.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by the Lead Exposure from Drinking Water in Child Development Facilities Prevention Amendment Act of 2017, enacted July 31, 2017 (D.C. Act 22-130; 64 DCR 7652 (August 11, 2017)); as amended by the Childhood Lead Exposure Prevention Amendment Act of 2017, effective September 23, 2017 (D.C. Law 22-0021; 64 DCR 7631 (August 11, 2017)). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 122

5-A DCMR § 123 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: LAVATORY SPACE AND EQUIPMENT

HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: LAVATORY SPACE AND EQUIPMENT

A Licensee caring for preschoolers shall provide at least one (1) flush toilet and one (1) sink for every ten (10) children, based on the license capacity of the Facility.

A Center shall provide bathroom facilities for use by adults separate from those used by children.

A Licensee shall provide a block or step for a child’s use for each toilet and sink at a Facility that is too high to be used by one (1) or more enrolled children without assistance.

A Licensee shall provide toilet training chairs or seats (or both), at the discretion of the Facility, for use by any child or children who require them. Training chairs shall be emptied promptly and sanitized after each use. Training chairs shall be made of non-porous, synthetic products. Training chairs shall remain in the bathroom facilities.

A Licensee shall provide toilet paper, soap and single-use paper towels at each bathroom in a manner accessible for independent use by children.

A Licensee caring for infants, toddlers, or preschoolers shall provide at least one (1) changing table for every ten (10) children that are not independently using toilet facilities, based on the license capacity of the Facility.

A Licensee shall ensure that changing tables meet the following requirements:

Have impervious, nonabsorbent, smooth surfaces that do not trap soil and are easily disinfected;

Be sturdy and stable to prevent tipping over;

Be at a convenient height for use by Facility staff; and

Be equipped with railings or barriers.

A Licensee shall sanitize changing tables after each use.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 123

5-A DCMR § 124 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: INDOOR ENVIRONMENT

HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: INDOOR ENVIRONMENT

A Licensee shall ensure that interior space designated for the use of children is available to children when the center is in operation and is arranged to allow each child adequate space for free movement and active play.

A Licensee shall ensure that the temperature within each room of program space shall be maintained at between sixty-eight degrees Fahrenheit (68°F) and seventy-five degrees Fahrenheit (75°F) from October through March, and between sixty-eight degrees Fahrenheit (68°F) and eighty-two degrees Fahrenheit (82°F) from April through September.

Protrusions such as pipes, wood ends, or long bolts that may catch a child’s clothing are prohibited.

Carpeting in the facility shall be nonflammable, nontoxic, and maintained by the Licensee in clean condition and good repair.

A Licensee shall maintain floors that are free from bare concrete, dampness, splinters, and sliding rugs.

A Licensee shall ensure that all floors, walls, and ceilings are in good repair and easy to clean when soiled. Only smooth, nonporous surfaces shall be permitted in areas that are likely to be contaminated by body fluids including, without limitation, lavatories and toilets, and areas used for food preparation or consumption or diaper changing.

A Licensee shall ensure that shoes are removed or covered prior to entering play areas used by infants.

A Licensee shall install finger-pinch protection devices on doors, cupboards, cabinets, and gates that are accessible to children, except on doors, cupboards, cabinets, and gates that are fully closed and locked.

A Licensee shall ensure that strings and cords long enough to encircle a child's neck are not accessible to children.

A Licensee shall ensure that electrical outlets that are not in use and are accessible to children are fitted with appropriate child-proof protective outlet covers that meet the Underwriters Laboratories, Inc. standard for Safety of Receptacle Closures (UL 2255).

A Licensee shall install Ground Fault Circuit Interrupters in areas accessible to children where electrical products may come into contact with water.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 124

5-A DCMR § 125 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: OUTDOOR ENVIRONMENT

HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: OUTDOOR ENVIRONMENT

A Licensee shall maintain outdoor play space free of standing water, litter, broken glass, wooden splinters, weeds, high grass, and conditions that are, or might be, hazardous to the health, safety, or welfare of children enrolled.

A Licensee shall ensure that each outdoor play area in use by one (1) or more children enrolled at a Facility shall be visible to and within hearing distance of Facility staff at all times.

A Licensee shall ensure that outdoor play space is supervised by adult staff in sufficient quantity and with appropriate placement to ensure that all children are within sight and hearing of at least one staff member at all times.

A Licensee shall ensure that staff, while supervising a group of children in the outdoor play space, are able to summon another adult staff member if the need arises, without leaving the children unsupervised at any time.

A Licensee shall ensure that all outdoor play areas and equipment conform to the standards established by the U.S. Consumer Product Safety Commission and by the American Society for Testing and Materials.

A Licensee utilizing an outdoor play space at the Facility premises shall enclose the outdoor play space with a fence or natural barrier that shall be at least four (4) feet high, with a space no larger than three and one-half (3-1/2) inches between its bottom edge and the ground, and designed to prevent climbing.

A Licensee shall provide at least two (2) exits from each outdoor play space. At least one of these exits shall be remote from the Facility building(s).

A Licensee shall ensure that all outdoor gates have positive self-latching closure mechanisms that are at least four (4) feet off the ground or constructed in a manner so that they cannot be opened by a preschool-age child.

A Licensee shall ensure that the design, construction, and installation of all outdoor play equipment are consistent with the guidelines published by the U.S. Consumer Product Safety Commission’s current Public Playground Safety Handbook.

The Center Director, Caregiver, or designated Facility staff shall conduct a daily inspection of each outdoor play space. The daily inspection shall be documented and maintained in a Facility log. All identified problems shall be corrected as soon as possible and children prohibited from using equipment that does not meet safety standards. The inspection shall include, at a minimum, an inspection of the space itself, removal of all trash, debris, broken glass, and other foreign or hazardous materials, and an inspection of each piece of equipment for:

Visible cracking, bending, warping, rusting, or breaking;

Deformation of open hooks, shackles, rings, links, and the like;

Worn swing hangers and chains;

Missing, damaged, or loose swing seats;

Broken supports or anchors;

Exposed, cracked, or loose cement support footings;

Exposed tubing ends that require plugs or cap covers;

Accessible sharp edges or points;

Protruding bolt ends that require caps or covers;

Loose bolts, nuts, or screws that require tightening;

Splintered, cracked, or otherwise deteriorating wood;

Moving parts in need of lubrication;

Worn bearings or other worn mechanical parts;

Broken or missing rails, steps, rungs, or seats;

Worn or scattered surfacing materials;

Exposed hard surfaces, especially under swings and slides;

Chipped or peeling paint;

Pinch or crush points; and

Exposed mechanisms, junctures, and moving components.

If any hazard listed in this section is noted or observed by the Licensee or OSSE, the Licensee shall immediately correct the hazardous condition or remove the piece of equipment from use until the hazard is corrected.

A Licensee serving infants, toddlers, preschool children, or school-age children shall separate the outdoor play spaces used by infants, toddlers, and preschool children from the play spaces used by school-age children. The separation shall be done in a way that does not to limit the activities of either age group.

A Licensee shall ensure that all surface areas beneath, and in the fall zones of, climbing equipment, slides, swings, and similar equipment are covered in resilient material that diminishes the impact of falls.

A Licensee shall ensure that all outdoor equipment is securely anchored and installed properly to prevent tipping or collapsing.

A Licensee shall ensure that all outdoor play equipment is free of pinch, crush or shear points on all surfaces that are or may be accessible to children.

A Licensee shall provide only swing seats constructed of durable, lightweight, relatively pliable material.

A Licensee shall not allow children to use trampolines.

A Licensee shall maintain all outdoor sandboxes and play areas containing sand in a safe and sanitary condition, including being completely covered when not in use and free of debris.

A Licensee shall ensure that no lawn mowers, hedge clippers, shears or other similar items are used or stored unlocked in any outdoor play space when children are present.

If a Licensee chooses to utilize a rooftop play space, the Licensee shall enclose the rooftop play space with a sturdy fence at least six (6) feet high and designed to prevent climbing.

A Licensee shall provide a fire escape, which leads from the rooftop play space, if applicable, to an open space at the ground level of the Facility premises, and for which the Facility has received written approval from DCRA or FEMS.

Before a Licensee may utilize a rooftop play space, the Licensee shall obtain written approval from the DCRA or FEMS that the additional load presented by the children, staff, and play equipment on the roof is within the load capacity of the building structure.

Before a Licensee may utilize a rooftop play space, the Licensee shall obtain written approval from DCRA that the fence is safe, and shall submit this written approval to OSSE.

A Licensee may not use rooftop play space unless:

DCRA or FEMS conducts an annual safety inspection of the fence around the play space and provides written approval stating that the fence is safe for its intended purposes;

DCRA or FEMS conducts an annual safety inspection of the play space and provides written approval of the use safety of the play space; and

A copy of the most current of the written approvals described in paragraphs (a) and (b) next to the Facility’s license, in a conspicuous location at the Facility premises.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 125

5-A DCMR § 126 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: EQUIPMENT, MATERIALS, AND FURNISHINGS

HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: EQUIPMENT, MATERIALS, AND FURNISHINGS

A Licensee shall provide a variety and sufficient quantities of materials, equipment, and supplies for indoor and outdoor activities, consistent with the numbers, ages, and needs of the infants, toddlers, preschool, or school-age enrolled children.

Materials, equipment, and supplies accessible to children shall be age appropriate, safe, in good repair, clean, and non-toxic, and shall be accessible to and appropriate for children with special needs, if the Facility provides care to such children.

All playthings, equipment, supplies, furnishings, and other materials provided by a Licensee for use by children shall meet the standards of the Consumer Product Safety Commission and the American Society for Testing and Materials, and shall:

Be sturdy enough that they will not splinter;

Not have sharp points or rough edges;

Have lead-free, non-toxic paint or finishes;

Be washable, regularly washed, and maintained in good repair; and

Comply with Federal standards regarding small toys and objects for use by children.

Notwithstanding any requirement or prohibition in Subsection 126.3, children under three (3) years of age but no younger than thirty (30) months may be enrolled in a Montessori preschool classroom containing materials, equipment, and supplies that are consistent with the full implementation of the Montessori curriculum, as long as children have been evaluated and found to be developmentally ready for the curriculum by the program director, the lead teachers, and the parent(s) or guardian(s).

A Licensee shall prohibit the use of the following at all times:

Infant walkers;

Crib gyms;

Collapsible cribs;

Playpens; and

Projectile toys.

In addition to the requirements contained within this chapter, all playthings, equipment, supplies, furnishings, and other materials provided by a Licensee for use by children under the age of three (3) years shall:

Be large enough that they cannot be swallowed; and

Not have small parts that may loosen and fall off, such as buttons on stuffed animals.

A Licensee shall ensure that there are sufficient quantities of materials and equipment to keep all children engaged, even if in different activities, at all times, and to:

Avoid excessive competition among the children and long waits for use of the materials and equipment; and

Provide for a variety of experiences and appeal to the individual interests of the children

A Licensee shall ensure that materials provided to children are culturally sensitive, culturally relevant, and designed to promote:

Social and emotional development;

Cognitive development;

Language development and communication skills;

Independence;

Creative expression; and

Fine and gross motor skills.

A Licensee shall remove and repair, or discard all furniture, equipment, and materials that are not usable because they are broken or hazardous.

Light bulbs shall be shatter proof or appropriately shielded to prevent product contamination and injuries due to breakage.

A Licensee may provide helmets for use while riding wheeled equipment so long as the helmets meet the requirements in Subsection 126.22. If a Facility provides helmets for shared use of children while riding wheeled equipment, the Licensee shall wipe down each helmet with wet wash cloth after each use.

A Licensee shall have available a sufficient number of strollers or carriages with appropriate restraints for infants and non-ambulatory enrolled children.

A Licensee shall ensure that highchairs, if used:

Have a wide and securely locking base, a crotch bar/guard, and a safety strap that is fastened with every use; and

Are used only during meal times and shall not be used to restrain children at any other time.

A Licensee shall provide each enrolled child in a full-day program with an individual crib, cot, or bed, as developmentally appropriate, and ensure that:

Children do not share bedding, such as sheets and blankets;

No child sleeps on a bare, uncovered surface;

Cribs, cots, beds, and appropriate beddings, such as sheets or blankets, are kept clean and sanitary at all times;

Crib and cot areas are sufficiently separate from play space to prevent access to sleeping areas by children at play; and

Each child is allowed to safely and comfortably crawl, toddle, sit, or walk and to play according to his or her stage of development, in a designated play space apart from sleeping quarters, during each day.

A Licensee shall ensure that each crib or cot:

Meets safety standards established by the U.S. Consumer Product Safety Commission;

When in use, is placed at least two (2) feet apart from any other cot, at least two (2) feet from any windows, and two (2) feet from any radiators. The two (2) feet of separation required by this provision shall be measured on all sides of each crib or cot; and

Is labeled with the name of the child to whom it is assigned.

A Licensee shall also comply with the following additional requirements for cribs:

Each crib shall have a firm, fitted mattress of proper size for a crib, covered with a fitted sheet, provided by the Facility;

Infant monitors shall not be placed in cribs;

Crib gyms, crib toys, mobiles, mirrors, and other toys shall not be placed in, attached to, or hung over an infant's crib;

Cribs shall only be used for sleep purposes; and

Cribs shall not be used for time-out or disciplinary purposes.

A Licensee shall also comply with the following additional requirements for cots:

Cots shall be used only for children over twelve (12) months of age who can walk;

Cots shall have coverings that are easy to clean and nonabsorbent; and

Seasonally appropriate beddings, such as sheets or blankets, sufficient to maintain adequate warmth, shall be available and provided to children as applicable and as needed.

A Licensee shall ensure that all play equipment is:

Properly constructed and installed to ensure its safe use by all enrolled children, at an appropriate height for the children who are expected to use the equipment, and in manner that ensures that the equipment will not entrap children;

Free of pinch, crush, or sharp points on or underneath such equipment that are or may be accessible to children;

A Licensee shall ensure that any toy is promptly removed from the play area, sanitized with an appropriate germicide, and air dried before it is returned to the play area after the toy is:

Put in someone’s mouth or licked, or otherwise is exposed to saliva; or

Soiled with blood, stool, urine, or vomit.

Tricycles and other riding toys provided by a Licensee shall be steerable, appropriate to the ages and sizes of the enrolled children, and shall not contain spokes.

A Licensee shall maintain tricycles and other riding toys in good condition, free of sharp edges or protrusions that may injure children. When not in use, they shall be stored in a place where they will not present physical obstacles to the children and staff. The Facility staff shall inspect riding toys and wheeled equipment prior to use by a child for loose or missing hardware, parts, protrusions, or other hazards that may lead to injury.

A Licensee shall ensure that all children one (1) year of age and over wear helmets that are properly fitted and approved by the U.S. Consumer Product Safety Commission while riding, wheeled equipment such as tricycles, bicycles, scooters, roller skates, rollerblades, or skateboards, regardless of whether the equipment is being ridden indoors or outdoors.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 126

5-A DCMR § 127 PARENT COMMUNICATION

PARENT COMMUNICATION

A Licensee shall establish and maintain respectful and professional communication with the parent(s) or guardian(s) of children enrolled.

A Licensee shall provide parent(s) and guardian(s) with access to their child(ren) at all times while at the Facility.

A Licensee shall establish and implement written policies and procedures which shall be kept current and made available to the parent(s) and guardian(s) and used to govern the operations of the Facility.

The policies and procedures shall be consistent with all applicable Federal and local laws and regulations and shall include, but are not limited to, the following:

A description of services to be provided, specifying the ages of children to be served, days and times of operation, and days and times that the Facility is closed;

A description of enrollment and admission requirements s specifying the parent(s)’ or guardian(s)’ responsibilities for supplying needed information to the Facility and escorting the child to and from the Facility;

A fee and payment schedule specifying the standard fees, fees related to absences and vacations and other charges and fees such as transportation and late fees;

A description of the Facility’s transportation and field trip services;

A description of the Facility’s procedures for administering medication, both prescription and non-prescription, and notifying parent(s) and guardian(s) of noticeable adverse reactions to medications;

A description of the Facility’s procedure for notifying parent(s) and guardian(s) when their child is ill or injured, and the Facility’s policy regarding the exclusion of sick children;

A description of the Facility’s procedure for notifying parent(s) and guardian(s) when a child, employee, or volunteer at the Facility has a communicable disease;

A description of the Facility’s procedure for handling medical emergencies;

A description of meals and snacks served, and guidelines or requirements for food brought by a child to the Facility;

A statement that parent(s) and guardian(s) have access to all Facility areas used by their child (and a description of any conditions placed on that access);

Child abuse reporting law requirements;

The Facility’s procedures for identifying and preventing shaken baby syndrome and abusive head trauma in infants, if applicable;

A description of behavior management practices used at the Facility;

Nondiscrimination statement;

If licensed for the care of an infant or toddler, the Facility’s:

Diapering procedures;

Toilet training procedures; and

Feeding procedures;

A description of the safe sleep practices followed by the Center that includes the following information:

When setting an infant down to sleep, the infant will be placed on his or her back;

No covers or other soft items are allowed in cribs;

A description of what constitutes appropriate sleep clothing for infants to be provided by parent or guardian;

A statement that individual crib, cot or mat and bedding is provided, and the changing and cleaning practices for these items;

A statement that infants who fall asleep in other equipment, on the floor or elsewhere will be moved to a crib to sleep; and

A statement that no swaddling or positioning devices will be used at the Facility.

A Licensee shall maintain written documentation that the Facility has provided the parent(s) with a copy of the Facility’s current policies and procedures.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 127

5-A DCMR § 128 REPORTING UNUSUAL INCIDENTS

REPORTING UNUSUAL INCIDENTS

A Licensee shall immediately notify OSSE of any unusual incident that may adversely affect the health, safety, or welfare of any enrolled child or children by submitting a completed OSSE Unusual Incident Report form to OSSE’s Child Care Complaint email address.

A Licensee shall also provide a copy of the completed Unusual Incident Report form provided to OSSE to the parent(s) or guardian(s) of each child affected by the unusual incident.

Unusual incidents may include, but are not limited to, the following:

Death of a person occurring at the Facility;

Injury to, or illness of, any child that occurs during the hours the child is enrolled in care and that requires hospitalization or emergency medical treatment;

Damage to the Facility or to any Facility vehicle or equipment that interferes with the capability of the Facility to protect the health, safety and welfare of the children and adults at the Facility;

Outbreak of or a single occurrence of a communicable disease at the Facility that is required to be reported to the District of Columbia Department of Health in accordance with Title 22 of the District of Columbia Municipal Regulations;

Unauthorized departure of an enrolled child or any circumstances under which a child is deemed unaccounted for or missing;

Any traffic accident involving a vehicle rented, owned, maintained, or the use of which was contracted for by the Facility and in which children are being transported at the time of the accident;

Any adverse or negative action the Facility takes against an employee, volunteer, or household member related to any substantiated crime against a child; or

Any other incident at the Facility that involves a response by emergency service personnel, such as police, fire, ambulance, or poison control.

In the case of a traffic accident or an incident involving perceived or actual criminal activity, the Licensee shall also file a report with the appropriate law enforcement authorities.

Any Facility staff member who knows or has reasonable cause to suspect that an enrolled child is, has been, or is in immediate danger of being an abused or neglected child shall, as required by the District of Columbia Prevention of Child Abuse and Neglect Act of 1977, effective September 23, 1977 (D.C. Law 2-22; D.C. Official Code §§ 4-1321.01 et seq.), make or cause to be made an immediate oral report to:

The Child Protective Services Division of the Child and Family Services Agency (CFSA), via the CFSA twenty-four (24) hour Child Abuse and Neglect Hotline (202-671-SAFE); and

The Metropolitan Police Department.

A staff member making an oral report under this section shall also make a written report if:

A written report is requested by the Child and Family Services Agency or the Metropolitan Police Department;

The case is one of abuse involving drug-related activity; or

As otherwise required by law.

In the oral and written reports required by this section, the staff member shall include:

The name, age, sex, and household address of the child who is the subject of the report;

A statement that the child who is the subject of the report is enrolled at the Facility;

The name, address, and telephone number of the Facility;

To the extent known, the name, age, and sex of each sibling or other child living in the same household as the child who is the subject of the report;

To the extent known, the name, age, and sex of each parent, guardian, or other caretaker of the child;

The information that led the staff member to suspect that the child who is the subject of the report is being, or is at risk of being, abused or neglected, the nature and extent of the perceived or actual abuse or neglect, and any previous abuse or neglect known to the reporting staff member;

Any other information that may be helpful in establishing whether the child who is the subject of the report is being, or is at risk of being, abused or neglect, the cause of the suspected abuse or neglect, and the identity of the person(s) responsible for it;

The name, title, or occupation, and contact information of the staff member making the report;

Any actions taken by the staff member or the Facility concerning the child in response to the situation; and

Any other information required by law.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 128

5-A DCMR § 129 RECORDKEEPING REQUIREMENTS: FACILITY OPERATIONS

RECORDKEEPING REQUIREMENTS: FACILITY OPERATIONS

A Licensee shall maintain at the Child Development Facility premises at all times and shall, upon request, provide and make immediately available for review by OSSE or any person legally authorized to review the Licensee’s documents, the report(s) of each inspection of the Facility by OSSE occurring within the preceding three (3) year period, including any Statement(s) of Deficiencies, subject to the confidentiality limitations contained in this chapter.

A Licensee shall maintain at the Facility premises at all time and shall provide to OSSE upon request, the current original version of each of the following:

A Certificate of Occupancy, Home Occupation Permit, or other equivalent proof from DCRA that the premises comply with all applicable Federal and District of Columbia building, fire-safety, construction, and zoning laws, regulations and codes and that the premises are suitable for the operation of a Child Development Facility;

A fire safety inspection certification or other equivalent proof from FEMS that the premises comply with all applicable Federal and District of Columbia fire safety laws, regulations and codes;

A certification or clearance report issued by a DOEE-certified lead-based paint inspector, risk assessor, or dust sampling technician no more than thirty (30) days before the date of the Facility’s application to be licensed, confirming that the Facility does not contain any lead-based paint hazards;

(c-1) Proof of compliance with Section 21a of the Facilities Act;

[RESERVED];

A Clean Hands certification that the applicant satisfies the requirements that must be met in order to obtain a license or permit from the District government, set out in D.C. Official Code § 47-2862, issued by the District of Columbia Department of Tax and Revenue within thirty (30) days of the date the application is submitted;

An immunization certification from the District of Columbia Department of Health;

Proof of insurance, that includes a reasonable coverage amount, as determined by the District of Columbia Office of Risk Management, for the following types of coverage:

Commercial General Liability;

Umbrella “Follow Form” Liability;

Sexual Abuse & Molestation Liability; and

Vehicle liability covering every vehicle that will be used by the Facility to provide transportation services to children at the Facility; and

Contact information for the owner of the building;

The purpose of the use;

General guideline and requirements;

Proof of appropriate insurance coverage;

Proof of valid certificate of occupancy;

Proof of updated health and safety inspections specific to a Facility;

User responsibilities;

User restrictions; and

Facility usage fee, if any.

Records of investigations, inspections, civil infraction citations, unusual incidents reported in accordance with this chapter, inspection of playground equipment, maintenance of carbon monoxide detectors, and all fire prevention mechanisms and emergency evacuation drills shall be immediately accessible and available for inspection by government officials, shall be provided upon request, and shall be made available to the public for inspection subject to the confidentiality limitations contained in this chapter. A Licensee shall maintain these records for at least three (3) years prior to the current year.

A Licensee shall maintain at the Facility premises, and provide to OSSE upon request, current liability insurance information and documentation for the Facility and, if the Facility provides transportation services, information and documentation of vehicle safety and insurance, including liability insurance.

A Licensee shall maintain records documenting any adverse or negative action the Facility takes against an employee, volunteer, or household member related to any substantiated crimes against a child. The adverse action shall be reported as an unusual incident in accordance with this chapter and related documentation shall be provided to OSSE upon request.

A Licensee shall maintain a maintenance log and retain copies of service and repair records, in a single location at the Facility, for all motor vehicles that are owned or leased or otherwise used for purposes of transporting enrolled children. A Licensee shall maintain each record for at least twelve (12) months after the date of the inspection or repair and provide the record to OSSE upon request.

A Licensee shall provide reports and documents to OSSE upon request and maintain and display, in one central area within the Facility, items (a)-(b) below, and have items (d)-(l) below available for inspection by OSSE:

Copy of the Facility’s license;

Certificate of Occupancy or Home Occupancy Permit;

Evacuation plan;

Fire inspection reports;

Plumbing, gas, and electrical inspection reports;

Evacuation and shelter-in-place drill records;

Any accreditation correspondence, including any adverse action taken against the Facility, and/or quality rating score, if applicable;

Any documentation that any deficiencies have been abated;

Results of lead tests;

If there has been a determination within the previous 12 months that the Facility has mold, a certificate of air quality;

Playground inspection report, equipment inspection/maintenance records and reports; and

Reports of the inspection and maintenance of fire extinguishers, smoke detectors, carbon monoxide detectors, or other fire prevention mechanisms regarding their compliance with all applicable federal and local laws and regulations regarding fire safety.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by the Lead Exposure from Drinking Water in Child Development Facilities Prevention Amendment Act of 2017, enacted July 31, 2017 (D.C. Act 22-130; 64 DCR 7652 (August 11, 2017)); as amended by the Childhood Lead Exposure Prevention Amendment Act of 2017, effective September 23, 2017 (D.C. Law 22-0021; 64 DCR 7631 (August 11, 2017)). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 129

5-A DCMR § 130 RECORDKEEPING REQUIREMENTS: CHILDREN

RECORDKEEPING REQUIREMENTS: CHILDREN

A Licensee shall maintain a record for each enrolled child, in the form provided by or approved by OSSE, in one central location at the Facility, and shall retain the record for three (3) years following the termination of that child’s enrollment. The record shall be maintained in a confidential manner in compliance with Federal and District of Columbia laws and regulations, but should be immediately available to the child’s caregivers and/or teachers, the child’s parents or guardians, and OSSE upon request.

A Licensee shall maintain and provide to OSSE upon request, the following information for each currently enrolled child:

Full name;

Gender;

Date of birth;

Date of admission;

Home address and telephone number;

Full names of parent(s) or guardian(s);

Business address(es) and contact information, such as email address(es) and telephone number(s) of parent(s) or guardian(s);

Designation of individuals authorized to receive the child at the end of each session;

Name and telephone number of individual to be contacted in emergencies when the parents or guardians are not available;

Emergency Medical Treatment Authorization form, as approved by OSSE, for emergency medical care, to be used only when the parent(s) or guardian(s) cannot be reached;

Language(s) spoken in the home;

Race and ethnicity;

Health information and records, as required by this chapter;

Written authorization(s) for the administration of medication as required pursuant to this chapter, if applicable;

For children in out-of-school-time care:

The name of the school the child attends;

The name and number of a contact person from that school; and

If the child arrives at and leaves the Facility alone, the days and times at which the child should arrive and leave the Facility and the mode(s) of transportation that the child uses to travel to and from the Facility.

A record of educational and developmental progress; and

Admission agreement signed by the parent or guardian at enrollment.

If a child is no longer enrolled, the Licensee shall include the date and reasons for the child’s withdrawal, if available, in the child’s record. The child’s complete record shall be retained by a Licensee for three (3) years following the termination of the child’s enrollment.

A Licensee shall maintain and provide to OSSE upon request, for each enrolled child, the initial and annual health record documentation and information, including:

Full name, gender, date of birth, and home address of the child;

Parent(s) or guardian(s) name(s), an emergency phone number for the parent(s) or guardian(s), the name and number of an emergency contact if the parent(s) or guardian(s) are unavailable;

Health insurance coverage and primary care provider;

Dates of most recent physical and oral health examinations;

Child's height and weight at the time of the most recent physical health examination;

Each licensed health care practitioner’s clinical findings, health concerns, referrals, treatments, and recommendations;

Child’s significant health history, including allergies, health conditions, communicable illnesses, and restrictions;

Specific immunizations received by month, day, and year;

Results of tuberculosis exposure risk assessment and Tuberculin Skin Test (TST) if indicated, in accordance with American Association of Pediatrics Guidelines for all children over six (6) months of age;

Results of lead exposure testing, if applicable;

Identification of long-term medications and special health care requirements or accommodations;

Name, address, phone number, and signature of the licensed examining health care practitioner;

Description of developmental delays, impairment(s), behavioral problems or other disabilities to be considered in the child care setting;

Specific diet restrictions, if applicable; and

Special family considerations.

If a child is to be taken on regularly scheduled outings, a Licensee shall maintain on file a written, signed, and dated statement from each child’s parent(s) or guardian(s) authorizing the Facility to take the child on regularly scheduled outings, such as walks or trips to a neighborhood playground, outside the Facility. The authorization shall include the child's name, and shall specify the mode of transportation, the anticipated frequency, and the destination of each regular trip. This authorization shall not include field trips or outings that do not occur on a regular schedule. This written permission shall be considered valid for all regularly scheduled outings, as noted on the statement, until withdrawn by the child’s parent(s) or guardian(s).

If the child is to be taken on a field trip that is not classified as a regularly scheduled outing, a Licensee shall obtain a written authorization from the child’s parent or guardian for the outing, which shall include the information required in Subsection 130.5, in addition to the estimated time of departure and arrival.

A Licensee shall maintain and provide to OSSE upon request, for each enrolled child, a record of any suspensions or expulsions.

A Licensee shall maintain and upon request provide to OSSE current records and information related to enrolled children including:

A roster of enrolled children by age group;

Daily sign-in and sign out attendance records by names of children, including first name, last name, and middle initial of each child;

Daily schedule of activities; and

Daily menu plan for feeding children, which identifies foods actually served if the facility provides any meals or snacks to children.

A Licensee shall conform to applicable Federal and District of Columbia laws and regulations protecting a child’s confidential information, shall keep all confidential records in a secured location with limited access, and shall not disclose information concerning an individual child or the child’s parent(s) or guardian(s) to persons other than the Facility staff or government officials acting in the course of their duties, unless the parent(s) or guardian(s) grant written permission for the disclosure, or unless disclosure is necessary in an emergency situation.

A Licensee shall inform the parent(s) or guardian(s) of all enrolled children, in writing, of the Facility’s policy regarding disclosure of information.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 130

5-A DCMR § 131 RECORDKEEPING REQUIREMENTS: STAFF

RECORDKEEPING REQUIREMENTS: STAFF

A Licensee shall maintain in the form provided by or approved by OSSE, at the Facility premises, and provide to OSSE upon request, the following information for each employee:

The full name, gender, date of birth, home address, home phone number, cell phone number, and current photograph;

Position title and job description;

Documentation and results of criminal and background history checks conducted in accordance with this chapter and with all other applicable Federal and District of Columbia laws and regulations;

The most recent resume provided by the employee, copies of letters of reference, and copies of required degrees, credentials, or official transcripts demonstrating such attainment;

Verification that the employee completed an orientation reviewing the Facility’s policies and procedures and the employee’s duties and responsibilities;

An ongoing record of professional development and earned continuing education units;

Evidence of completion or certification of all health and safety training requirements set forth in Section 139 (Staff Member Requirements: Professional Development); and

Date of appointment to, or withdrawal from, any position at the Facility.

If an employee withdraws or is terminated by the Licensee, the Licensee shall include the date and reasons for the employee’s withdrawal or termination in the employee’s record. The Licensee shall retain employee’s complete record shall be retained for three (3) years following the departure of the employee.

[RESERVED]

A Licensee shall maintain in the form provided by or approved by OSSE, at the Facility premises, and provide to OSSE upon request, the following information for each volunteer whose activities involve the care or supervision of children at a Facility or unsupervised access to children who are cared for or supervised at a Facility:

The full name, gender, date of birth, home address, home phone number, cell phone number, and current photograph;

Position title and job description or responsibilities; and

Documentation and results of criminal and background history checks conducted in accordance with this chapter, and with all other applicable Federal and District of Columbia laws and regulations.

A Licensee shall maintain in the form provided by or approved by OSSE, and provide to OSSE upon request, a record for each staff member, including paid employees and volunteers whose activities involve the care or supervision of children at a Facility or unsupervised access to children who are cared for or supervised at a Facility, which shall include the following:

Documentation of a pre-employment physical examination by a licensed health care practitioner, conducted not more than twelve (12) months prior to the start of employment or volunteer work;

Documentation of an annual physical examination by a licensed health care practitioner ;

Written and signed documentation from the examining licensed health care practitioner, at the time of his or her examination, that the staff member or volunteer was free from tuberculosis and apparent communicable diseases as defined in 22-B DCMR § 201.

Written and signed documentation from the examining licensed health care practitioner that the staff member or volunteer, if noted to have an identified medical problem, is capable of fulfilling the essential functions of caring for children in a licensed Child Development Facility;

Current health insurance information; and

The names and phone numbers of the staff member’s primary licensed health care practitioner and of an emergency contact person.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 131

5-A DCMR § 132 SUITABILITY FOR EMPLOYMENT

SUITABILITY FOR EMPLOYMENT

A Licensee shall maintain a qualified workforce comprised of individuals who are committed to promoting and ensuring the health, safety, and welfare of the children in their care.

The suitability of a current or prospective staff member of a Licensee shall be assessed through completion of:

Criminal background check that includes:

A Federal Bureau of Investigation fingerprint check using Next Generation Identification;

A search of the National Crime Information Center's National Sex Offender Registry; and

A search of the following registries, repositories, or databases in the State (which, for the purpose of this section, includes the District of Columbia) where the child care staff member resides and each State where such staff member resided during the preceding five years:

State criminal registry or repository, with the use of fingerprints being required in the State where the staff member resides, and optional in other States;

State sex offender registry or repository; and

State-based child abuse and neglect registry and database;

A drug and alcohol testing program consistent with this chapter and Section 2032(a) of CYSHA (D.C. Law 15-353; D.C. Official Code § 1-620.32(a)); and

Traffic records check through the District of Columbia Department of Motor Vehicles, if a current or prospective staff member will also be required to drive a motor vehicle to transport children in the course of performing his or her duties.

Compliance with other District and federal rules specifically applicable to employees of a child development facility.

An applicant for employment or a volunteer position with any covered child or youth services provider who intentionally provides false or misleading information that is material to the application in the course of applying for the position, or who intentionally provides false or misleading information that is material to his or her continued employment or service, shall be subject to prosecution pursuant to the District of Columbia Theft and White Collar Crimes Act of 1982, effective December 1, 1982 (D.C. Law 4-164; D.C. Official Code § 22-2405).

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 132

5-A DCMR § 133 SUITABILITY FOR EMPLOYMENT: CRIMINAL BACKGROUND CHECKS

SUITABILITY FOR EMPLOYMENT: CRIMINAL BACKGROUND CHECKS

Each Licensee shall comply with the requirements set forth in this Sections 133 and 135 related to criminal background checks for any individual:

Who is employed by a Facility for compensation, including a contract employee or self-employed individual; or

Whose activities involve the care or supervision of children at a Facility or unsupervised access to children who are cared for or supervised at a Facility.

For the purposes of this section, any individual residing in a Child Development Home or Expanded Home who is eighteen (18) years of age or older is considered to be a staff member.

A Licensee shall submit a request for criminal background checks of current and prospective staff members to OSSE:

Prior to the date an individual becomes a staff member of the provider; and

Not less than once during each three (3) year period for any currently employed staff member.

OSSE shall make a good faith effort to provide notification of the results of the criminal background reports to the Facility and the current or prospective staff member within forty-five (45) days of the date the Facility submitted the request the criminal background check.

Once a Licensee has submitted a request for a prospective staff member’s criminal background check, a prospective staff member may begin to work for the Facility if the prospective staff member is supervised at all times by an individual who, within the three (3) year period before the date of the Facility’s request, received a qualifying background check result.

A Licensee is not required to submit a request for criminal background check of a staff member if:

The staff member received a background check that meets the requirements in Subsection 132.3(a):

Within three (3) years of the first day of employment at the current Facility; and

While employed by or seeking employment at another Facility (for the purposes of this Subsection, the “first Facility”) within the District;

OSSE provided the first Facility a qualifying background check result, consistent with this chapter, for the staff member; and

The staff member is employed by a Facility within the District, or has been separated from employment from the first Facility for a period of not more than one hundred and eighty (180) consecutive days before the date on which the staff member begins working at the current Facility.

Unless otherwise provided by law, prospective or current staff members shall provide a Facility and OSSE with all information necessary to enable the Facility and OSSE to promptly obtain the results of the criminal background checks including:

A complete set of qualified, legible fingerprints in a format approved by the Federal Bureau of Investigations;

Any additional identification that is required, including but not limited to the name, social security number, birth date, and gender of the applicant, employee, or volunteer; and

A signed affirmation stating whether or not the staff member has been convicted of a crime, has pleaded nolo contendere, is on probation before judgment or placement of a case upon a stet docket, or has been found not guilty by reason of insanity, for any sexual offenses or intra-family offenses in the District of Columbia or their equivalent in any other state or territory, or for any of the following felony offenses or their equivalent in another state or territory:

Murder, as described in Section 1111 of Title 18, United States Code;

Child abuse or neglect;

A crime against children, including child pornography;

Spousal or domestic abuse;

A crime involving rape or sexual assault;

Kidnapping;

Arson;

Physical assault or battery; or

A drug-related offense committed during the preceding five (5) years; or

Has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography.

OSSE shall review the results of the criminal background and child protection register checks to determine the suitability of the individual.

A prospective or current staff member shall be ineligible for employment with a Facility, if such individual:

Refuses to consent to the criminal background check described in Subsection 132.2(a);

Knowingly makes a materially false statement in connection with such criminal background check;

Is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry;

Is registered, or is required to be registered, on a State child protection registry or repository; or

Has been convicted of any of the following felonies:

Murder, as described in Section 1111 of Title 18, United States Code;

Child abuse or neglect;

A crime against children, including child pornography;

Spousal abuse;

A crime involving rape or sexual assault;

Kidnapping;

Arson;

Physical assault or battery; or

Subject to Subsection 133.10, a drug-related offense committed during the preceding five (5) years; or

A prospective or current staff member may be ineligible for employment with a Facility, if OSSE determines that such individual poses a present danger to children or youth or if an individual’s prior conviction for crimes impact the fitness of the individual to provide care for and have responsibility for the safety and welfare of children. In making this determination, the following factors shall be considered:

The specific duties and responsibilities of the applicant;

The impact or likelihood of an impact, if any, that the criminal offense for which the person was previously convicted will have on his or her fitness or ability to perform one or more of such duties or responsibilities;

The length of time that has elapsed since the occurrence of the criminal offense;

The age of the person at the time of the criminal offense;

The frequency and seriousness of any criminal offense(s);

Any information produced by the applicant, or produced on his or her behalf, regarding his or her rehabilitation and good conduct since the occurrence of the criminal offense; and

Any applicable public policy encouraging employment of ex-offenders provided that:

A Licensee shall not employ or permit to serve as a volunteer an applicant who has been convicted of, has pleaded nolo contendere to, is on probation before judgment, or placed on a case on the stet docket because of, or has been found not guilty by reason of insanity, for any sexual offenses including but not limited to those involving a minor, child abuse, or child neglect; and

If an application for employment or volunteering is denied because there is evidence that the applicant presents a danger to children or youth, the Licensee shall inform the applicant in writing.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 133

5-A DCMR § 134 SUITABILITY FOR EMPLOYMENT: TRAFFIC RECORDS CHECK

SUITABILITY FOR EMPLOYMENT: TRAFFIC RECORDS CHECK

A current or prospective staff member who will also be required to drive a motor vehicle to transport children in the course of performing his or her duties shall provide a Facility with all of the information that will allow the Facility to obtain the results of the traffic record check.

A Licensee shall submit a request for a traffic records check to OSSE, in the form and manner provided by OSSE.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 134

5-A DCMR § 135 SUITABILITY FOR EMPLOYMENT: RESULTS AND APPEALS

SUITABILITY FOR EMPLOYMENT: RESULTS AND APPEALS

All records of criminal background checks and child protection register checks shall be confidential and are for the exclusive use of determining suitability for employment or volunteer opportunities under this chapter. This information shall be maintained by the Facility in a secured location with limited access, and the information shall not be released or otherwise disclosed to any person except when:

Required as one component of an application for employment or volunteer position with any covered child or youth services provider under this chapter;

Requested by OSSE, or its designee, during an official inspection or investigation;

Ordered by a court or administrative adjudicatory body by subpoena or otherwise;

Authorized by the written consent of the person being investigated; or

Utilized for a corrective, adverse, or administrative action in a personnel proceeding.

Any individual who discloses confidential records in violation of Section 208 of CYSHA, D.C. Official Code § 4-1501.08, is subject to criminal penalties including a fine of no more than one thousand dollars ($1,000), imprisonment for not more than one hundred and eighty (180) days, or both.

OSSE shall provide the results of the criminal background check to the Facility, in a written statement that indicates whether the current or prospective staff member is eligible or ineligible for employment, without revealing any disqualifying information regarding the individuals.

OSSE shall provide a written Notice of Ineligibility for Employment with the results of the criminal background check to the current or prospective staff member, if OSSE has determined the current or prospective staff member is ineligible for employment with a Facility due to the background check.

The Notice of Ineligibility for Employment shall:

Include information related to each disqualifying crime; and

Provide that the staff member may request a hearing challenging the accuracy or completeness of the information in the reports within thirty (30) days after receipt of the Notice. If no request for a hearing is made, the Notice of Ineligibility for Employment shall be final.

A current or prospective staff member may file a request for review of an OSSE’s Notice of Ineligibility for Employment with Commission on Human Rights not later than thirty (30) days after the date the written notification of the Notice of Ineligibility for Employment is issued. If a request for review is not received within a timely manner, and no corrective actions are confirmed to have been taken, the Notice of Ineligibility for Employment shall become the final administrative decision of the agency.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 135

5-A DCMR § 136 SUITABILITY FOR EMPLOYMENT: REQUIRED DRUG AND ALCOHOL TESTING PROGRAM

SUITABILITY FOR EMPLOYMENT: REQUIRED DRUG AND ALCOHOL TESTING PROGRAM

A staff member shall only consume prescription medication while providing direct care to children in the Facility according to the directions provided and in the manner prescribed by the licensed health care practitioner. However, a staff member shall not consume prescription medication while providing direct care to children in the Facility, if the prescription medication may impair the staff member’s ability to perform his or her duties or impact the health and safety of the children in the staff member’s care.

A Licensee shall conform to the requirements, set forth in this chapter pursuant to Sections 2031 et seq. of CYSHA (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq.), related to the required drug and alcohol testing program for any staff member:

Who is employed by a Facility for compensation, including a contract employee or self-employed individual;

Who has direct contact with children;

Who is entrusted with the direct care and custody of children; and

Whose performance of duties in the normal course of employment may affect the health, welfare, or safety of children.

A Licensee shall establish mandatory drug and alcohol testing policies and procedures that provide the following:

All testing programs shall conduct tests:

Prior to employment;

Upon an employee’s reasonable suspicion referral;

Post-accident, as soon as reasonably possible after the accident; and

[RESERVED].

A Licensee shall notify all staff members who meet the requirements in Subsection 136.2 at least thirty (30) days in advance of implementing the Program;

The drug and alcohol testing policy shall inform staff members who meet the requirements in Subsection 136.2 of all of the following:

(a) Which staff members will be tested;

(b) Circumstances under which an employee will be tested;

(d) The consequences of a positive test result.

[RESERVED].;

Any employee testing positive shall be considered ineligible to work with children until they have successfully completed a drug and/or alcohol treatment program and the Facility has provided evidence that the employee has completed all requirements related to the program and return to duty testing;

All testing programs shall test for the following drugs:

Marijuana;

Cocaine;

Opiates – opium and codeine derivatives;

Amphetamines and methamphetamines;

Phencyclidine – PCP;

Synthetic drugs; and

Alcohol.

Although alcohol is a legal substance, the consumption of alcohol is prohibited in the performance of safety-sensitive functions under the following circumstances:

Concentration: Performing safety-sensitive functions while having an alcohol concentration of 0.04 or greater, as indicated by an alcohol breath test;

On-duty Use: The consumption of any beverage, mixture, or preparation (including any medication) containing alcohol. This includes the possession of medicines containing alcohol, prescription drugs, or over-the counter drugs, unless the packaging seal is unbroken or directly prescribed to owner; and

Pre-Duty Use: Consuming alcohol within four (4) hours prior to performing safety-sensitive functions.

Any unauthorized use of controlled-substances by safety-sensitive employees is prohibited;

All safety-sensitive employees are required to report any medical use of controlled substances. A controlled substance includes any prescribed drug that will impair or present a risk; and

No safety-sensitive employee shall refuse to submit to a required drug or alcohol test. An employee who refuses to submit to a drug or alcohol test shall not be allowed to perform any safety-sensitive functions and shall be subject to immediate termination of employment.

A staff member shall sign an acknowledgement that he or she received the written policy as specified in Subsection 136.3 of this section. A legal guardian's signature is needed if the appointee or employee is less than eighteen (18) years of age.

A Licensee shall contract with a professional testing vendor or vendors to conduct drug and alcohol testing pursuant to this chapter and District of Columbia laws and regulations. The vendor or vendors shall ensure quality control, chain-of-custody for samples, reliable collection and testing procedures, and any other safeguards needed to guarantee accurate and fair testing.

The vendor or vendors selected to conduct the testing shall be certified by the United States Department of Health and Human Services (HHS) to perform job-related drug and alcohol forensic testing.

The vendor(s) selected to conduct the testing shall conduct the alcohol and drug testing at a location designated by the program administrator for such purposes.

In general, testing for drugs shall be conducted by urine sample from the individual being tested.

Testing for alcohol use shall be conducted utilizing an evidentiary breath-testing device or EBT, commonly referred to as a "breathalyzer."

In the case of drug testing, the vendor(s) shall split each sample and ensure that the laboratory performs enzyme-multiplied-immunoassay technique (EMIT) test on one (1) sample and store the split of that sample. A positive EMIT test shall be confirmed by the vendor(s) using the gas chromatography/mass spectrometry (GCMS) methodology.

A Licensee shall notify, in writing, any appointee or employee found to have a confirmed positive drug test result. The appointee or employee may then authorize that the stored sample be sent to another HHS-certified laboratory of his or her choice, at his or her expense, for a confirmation, using the GCMS testing methodology.

All drug and alcohol testing shall follow the same procedures set forth in this section. In the case of a reasonable suspicion referral or a post-accident and incident test, the Licensee, or a designee of the Licensee, shall escort the employee to the designated test site for specimen collection as needed.

In the event that an individual requires medical care following an accident or incident, medical care shall not be delayed for the purpose of testing. In such cases, drug and alcohol testing may be conducted by a blood test.

A blood, breath, or urine test conducted in accordance with this section shall be deemed positive if the test yields a result that the appointee's or employee's alcohol content was either .04 grams or more per 210 liters of breath, .04 grams or more per 100 milliliters of blood, or .05 grams or more per 100 milliliters of urine.

A pre-employment, reasonable suspicion or post-accident or incident drug or alcohol test shall be conducted as set forth in Subsections 136.5 to 136.14.

Pre-employment drug and alcohol testing shall be conducted after a conditional offer of employment is made, but before the appointee's effective date of appointment.

A reasonable suspicion referral may be based on direct observation of drug use or possession, physical symptoms of being under the influence of drugs, symptoms suggesting alcohol intoxication, a pattern of erratic behavior, or any other reliable indicators. There may be reasonable suspicion under the following conditions:

The employee is witnessed using a drug or alcohol while on duty;

The employee displays physical symptoms consistent with drug or alcohol usage;

The employee engages in erratic or atypical behavior of a type that is consistent with drug or alcohol usage; or

There are other articulable circumstances which would lead a reasonable person to believe that the employee is under the influence of a drug or alcohol.

A staff member shall be subject to post-accident or incident testing when they are involved in accidents or incidents under the following conditions:

The staff member is involved in an on-the-job accident or incident that result in injury or loss of human life;

The employee is involved in an accident in which one (1) or more motor vehicle(s) (either District government or private) incurs disabling damage, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle;

Anyone receives bodily injury requiring immediate medical attention away from the scene;

The staff member, while operating a vehicle or other equipment while performing any function while on duty or assisting in the operation or functions of the Facility where he or she works, receives a citation under District of Columbia or another law for a moving traffic violation arising from the incident;

There are reasonable grounds to believe the employee has been operating or in physical control of a motor vehicle within the District of Columbia while that employee's breath contains .04 percent or more, by weight, of alcohol, or while under the influence of an intoxicating liquor or any drug or combination thereof;

The actions of the employee cannot reasonably be discounted as a contributing factor, using the best information available at the time of the decision; or

The employee is involved in an on-the-job accident or incident that seriously damages machinery, equipment, or other property.

[RESERVED].

Caregivers and staff members of a licensed Child Development Home or Expanded Home shall participate in a drug and alcohol testing program established and administered by OSSE. Any Caregiver of a Child Development Home or Primary Caregiver of an Expanded Home who tests positive shall be immediately required to terminate the operation of his or her Facility and surrender his or her license.

[RESERVED].

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 136

5-A DCMR § 137 STAFF MEMBER REQUIREMENTS: GENERAL PROVISIONS

STAFF MEMBER REQUIREMENTS: GENERAL PROVISIONS

A Licensee’s staff members shall complete a physical examination by a licensed health care practitioner at least annually, and obtain written and signed documentation from the examining practitioner that at the time of the examination, the staff member at the time of the examination, the staff member was free of tuberculosis and other communicable diseases, and is physically capable of caring for children.

Except where the requirements in Subsection 137.3 are satisfied, each staff member shall be physically capable of caring for children, which includes but not limited to a staff member being able to:

Lift at least forty pounds (40lbs);

Perform all activities with children for extended periods of time;

Be outdoors for regular, prolonged activities.

If a staff member is unable to conform to the requirements in Subsection 137.2, the Licensee shall ensure that a sufficient number of staff members, who are able to conform to the requirements in Subsection 137.2, are present on the Facility premises in order to ensure adequate care and supervision of enrolled children.

A Licensee shall maintain, and update at least annually, a record of COVID-19 immunization for each of its staff members, which shall consist of a written certification of COVID-19 immunization or a written determination, with supporting documentation, that the Licensee granted the staff member an exemption from COVID-I9 immunization based on one of the following reasons:

the staff member objected, in good faith and in writing pursuant to procedures established by OSSE, that the vaccination would violate his or her sincerely held religious beliefs; or

the staff member's private physician, or his or her representative, or the Department of Health has provided written certification that COVID-19 vaccination is medically inadvisable for the staff member.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by the Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021, effective March 2, 2022 (D.C. Law 24-0085; 69 DCR 000440 (January 21, 2022)). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 137

5-A DCMR § 138 STAFF MEMBER REQUIREMENTS: AIDES AND VOLUNTEERS

STAFF MEMBER REQUIREMENTS: AIDES AND VOLUNTEERS

Each aide or volunteer at a licensed Facility shall work under the direct supervision of a Caregiver, Associate Caregiver, Teacher, Assistant Teacher, Group Leader, Assistant Group Leader, or Center Director at all times.

The duties of each aide or volunteer at a licensed Facility shall include the following:

Assist the Caregiver, Associate Caregiver, Teacher, Assistant Teacher, Group Leader, Assistant Group Leader, or Center Director as directed;

Provide supervision and appropriate care to the children in his or her assigned class or group, under the direct supervision of a Caregiver, Associate Caregiver, Teacher, Assistant Teacher, Group Leader, Assistant Group Leader, or Center Director; and

Participate in on-going in-service training and continuing education requirements, as required.

A Licensee shall ensure that no aide or volunteer has sole responsibility for a group or classroom, or for the Facility, at any time.

Aides and volunteers who meet the standard in Section 133.1 are subject to the criminal background and child protection register checks as required in Section 133. A volunteer may use the same criminal background check for a period of 2 years. Licensee shall maintain, and provide to OSSE upon request, documentation of criminal background and child protection register checks of aides and volunteers.

Aides and volunteers under the age of eighteen (18) who have been charged with, convicted, or adjudicated of a criminal offense, which would prohibit the employment of a person over the age of eighteen (18), shall not serve at a Facility.

A Licensee shall ensure that aides and volunteers under the age of eighteen (18) provide a statement from the Family Court Divsion of the D.C. Superior Court, or a court of competent jurisdiction, that the aide or volunteer does not have a juvenile record. If the aide or volunteer has a juvenile record, the aide or volunteer may choose to reveal the nature of the offense in order to document that the offense is not an offense which would prohibit the employment of a person over the age of eighteen (18).

No more than two (2) volunteers may serve within a classroom or with a group at one time unless otherwise required in order to satisfy a child’s IFSP or IEP, and provided that for the purpose of this subsection, a parent or guardian serving within his or her child’s classroom or with his or her group shall not be counted as a volunteer.

A Licensee shall require all volunteers who are not provided unsupervised access to children who are cared for or supervised at a Facility and chaperones sign an attestation that the volunteer or chaperone is not on the Child Protection Register, that the volunteer or chaperone will submit to a criminal background check if requested, and that volunteer or chaperone will not remove children in their charge from the sight and hearing of a Facility staff member at all times.

Aides, volunteers, and chaperones are prohibited from administering any form of discipline, as defined in this chapter.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 138

5-A DCMR § 139 STAFF MEMBER REQUIREMENTS: PROFESSIONAL DEVELOPMENT

STAFF MEMBER REQUIREMENTS: PROFESSIONAL DEVELOPMENT

Each paid employee of a Licensee serving infants, toddlers, and/or preschoolers whose duties or responsibilities include the care of enrolled children shall participate in ongoing professional development, which shall include:

Registration with and participation in OSSE’s professional development information system;

Pre-service and orientation training in health and safety standards, as detailed in this section;

Annual training to maintain and update the employee’s knowledge of health and safety standards; and

Annual professional development that:

Incorporates the knowledge and application of the District’s early learning and developmental guidelines;

Promotes the social, emotional, physical, and cognitive development of children; and

Improves the knowledge and skills of directors, teachers, and caregivers in working with children and their families.

Within thirty (30) calendar days of date of hire, each staff member shall receive pre-service training in the health and safety standards of licensed Child Development Facilities in the District of Columbia that, at a minimum, shall include:

Child abuse and neglect, prevention, detection and reporting;

Emergency preparation and response planning for emergencies resulting from a natural disaster or a human-caused event;

Prevention of sudden infant death syndrome and use of safe sleep practices, as applicable;

Prevention of shaken baby syndrome and abusive head trauma, as applicable; and

First aid and CPR.

Within ninety (90) calendar days of date of hire, each staff member shall receive orientation training in the additional health and safety standards of licensed Child Development Facilities in the District of Columbia that, at a minimum, shall include:

Developmentally appropriate programming for infants, toddlers, preschool, and/or school-age children, as applicable;

Prevention and control of infectious diseases, including immunization;

Administration of medication, consistent with standards for parental or guardian consent;

Prevention of and response to emergencies due to food and allergic reactions;

Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic; and

Poison prevention, including the handling and storage of hazardous materials and the appropriate disposal of bio contaminants.

The following critical health and safety training must be completed before staff members are allowed to care for children unsupervised:

Prevention of sudden infant death syndrome and use of safe sleep practices, as applicable;

Prevention of shaken baby syndrome and abusive head trauma, as applicable;

First aid and CPR;

Poison prevention, including the handling and storage of hazardous materials and the appropriate disposal of bio contaminants; and

Prevention and control of infectious diseases, including immunization.

All staff members responsible for transporting children shall receive additional orientation training in the following areas prior to assuming their transportation duties:

Transportation regulations, including the modeling of how to properly conduct a vehicle passenger check and demonstration by staff to director on how to conduct a vehicle passenger check;

Proper use of child safety restraints required by District law;

Proper loading, unloading, and monitoring of children;

Location of first aid supplies; and

Emergency procedures for the vehicle, including actions to be taken in the event of accidents or breakdowns.

Each paid employee of a Facility serving infants, toddlers, and/or preschoolers whose duties or responsibilities include the care of enrolled children shall participate in annual professional development, including annual training that maintains and updates the health and safety standards, as follows:

Child Development Center staff shall participate in at least twenty-one (21) hours of professional development annually;

Child Development Home Caregivers and staff shall participate in at least twelve (12) hours of professional development annually; and

Expanded Home Caregivers and staff shall participate in at least fifteen (15) hours of professional development annually.

Annual training that maintains and updates the health and safety standards shall include:

Child abuse and neglect, prevention, detection and reporting;

Emergency preparation and response planning for emergencies resulting from a natural disaster or a human-caused event;

Prevention of sudden infant death syndrome and use of safe sleep practices;

Prevention of shaken baby syndrome and abusive head trauma;

First aid and CPR;

Prevention and control of infectious diseases, including immunization;

Administration of medication, consistent with standards for parental or guardian consent;

Prevention of and response to emergencies due to food and allergic reactions;

Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic;

Handling and storage of hazardous materials and the appropriate disposal of bio contaminants; and

Identifying, approaching and referring students showing signs of psychological distress to appropriate support services pursuant to Section 115b of the Department of Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code § 7-1131.17).

Annual professional development, beyond the health and safety standards, may include:

Developmentally appropriate programming for infants, toddlers, preschool, and/or school-age children, as applicable;

Developmentally appropriate methods of positive behavior intervention and support;

Inclusion of children with special needs, including the Americans with Disabilities Act and the Individuals with Disabilities Education Act; and

Communication and collaboration with parents, guardians, and families;

Community health and social services resources for children and families;

Planning developmentally appropriate programs and activities for children and families;

Enhancing self-regulation and self-esteem in children;

Montessori curriculum, pedagogy, classroom management and other topics specific to the Montessori program, if applicable;

Basic or advanced business practices; and

Any other area as determined by OSSE.

Each staff member may receive the required pre-service training, orientation training, and professional development in a variety of settings, including but not limited to seminars, in person or online courses, workshops, conferences, or association meetings:

Conducted by an OSSE approved trainer or training organization through OSSE’s Trainer Approval Program, or any similar program established by OSSE; or

Conducted by institution accredited by the U.S. Department of Education or the Council for Higher Education Accreditation.

Licensee shall maintain, and make available for inspection by OSSE upon request, adequate documentation of each staff member’s completion of the required pre-service training, orientation training, and professional development. Acceptable documentation shall include one (1) or more of the following:

A transcript from an institution accredited by the U.S. Department of Education or the Council for Higher Education Accreditation;

Certification of participation from a training source approved by OSSE;

Written documentation verifying completion of training in First Aid for children, Cardiopulmonary Resuscitation (CPR) for children, or common childhood illnesses, from acceptable sponsoring entities, including the American Red Cross, the American Heart Association, the National Safety Council, and other similarly recognized organizations; or

A signed and dated statement from the trainer, on a form approved by OSSE, verifying the staff member’s participation in a training program conducted by a trainer licensed, certified, or otherwise approved by OSSE.

A private, parochial, or independent school is exempt from complying with the requirements of Sections 139.1(d), 139.5, and 139.8, if the school:

Is an elementary/secondary educational program, as defined in this chapter;

Cares for infants and toddlers on the same premises as the instructional program offered to school-age children;

Is accredited by a nationally recognized accrediting body or other body satisfying similar standards as approved by OSSE; and

Does not offer subsidized child care.

[RESERVED].

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as corrected by Errata Notice published at 64 DCR 8231 (August 18, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 139

5-A DCMR § 140 GENERAL DAILY PROGRAM ACTIVITIES AND CURRICULUM

GENERAL DAILY PROGRAM ACTIVITIES AND CURRICULUM

[RESERVED].

A Licensee shall establish a written planned program of activities that includes time each day for both indoor and outdoor play, suitable to the ages and stages of development of enrolled children at the Facility. The daily program shall be designed to:

Motivate and stimulate each child’s cognitive, physical, social, emotional, creative, and language development;

Contain sufficient continuity and flexibility to meet the needs of each child, as well as the needs of the group;

Provide a balance of active and quiet learning through play;

Provide both structured and unstructured times, and both Teacher or Caregiver directed and child-initiated experiences; and

Provide periods of rest appropriate to the age and developmental need of each child, including specific designated times for rest each day.

A Licensee shall develop a written activity plan for each group of children that implements the scheduled program of activities.

A copy of the written activity plan for each age group shall be furnished by the Facility to OSSE upon request.

A private, parochial, or independent school is exempt from complying with the requirements of this section, if the school:

Is an elementary/secondary educational program, as defined in this chapter;

Cares for infants and toddlers on the same premises as the instructional program offered to school-age children;

Is accredited by a nationally recognized accrediting body or other body satisfying similar standards as approved by OSSE; and

Does not offer subsidized child care.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 140

5-A DCMR § 141 POSITIVE BEHAVIOR SUPPORT

POSITIVE BEHAVIOR SUPPORT

A Licensee shall inform staff, volunteers, parents, and children of the Facility’s behavioral expectations for children.

A Licensee shall use positive methods of child guidance that meet the individual needs of each child and encourage self-control, self-direction, self-esteem and cooperation.

A Licensee shall apply rules, expectations and limits consistently for all children and in a manner consistent with a child’s developmental ability.

Positive behavior support or discipline shall not include any of the following methods of discipline and the use of any of them by the Licensee, and the staff members, is prohibited:

Physical harm, including but not limited to, punching, pinching, shaking, shoving, pushing, spanking, striking, kicking, biting, yanking, strangling, kneeing, poking, or plucking;

Fear, shaming, intimidation, or humiliation;

Derogatory remarks or profane language;

Confinement in a locked room or an enclosed area where a child cannot be seen or supervised by Facility staff;

Force feeding against a child’s will;

Withholding of food, water, rest, toilet use, outdoor activities, or outdoor play; or

Physical or chemical restraints.

Separation from other children or planned program activities when used as behavior management or discipline shall be brief in duration and shall be appropriate to the child’s age and developmental level and to the circumstances necessitating the discipline. A separated child shall remain in the same room as a supervising staff member.

Authority to manage behavior or discipline shall never be delegated to another child.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 141

5-A DCMR § 142 HEALTH, SAFETY AND WELFARE: GENERAL REQUIREMENTS

HEALTH, SAFETY AND WELFARE: GENERAL REQUIREMENTS

A Licensee shall comply with requirements set forth in this chapter, as appropriate to the age of children served by the Facility and the Facility setting.

A Licensee shall conform, to the extent practicable, to the National Health and Safety Performance Standards to ensure the safety and welfare of children and the cleanliness and sanitary conditions of the Facility.

A Licensee shall ensure that all tobacco products that may be present at the Facility remain out of the reach of enrolled children at all times.

A Licensee shall ensure that no person, including staff, residents, and visitors to the Facility, smokes or uses tobacco products at the Facility when enrolled children are present.

When children are in the care of the Facility, either on the premises or off-site, no staff member, resident, or visitor shall be under the influence of, or consume, alcoholic beverages, illegal drugs, or legal drugs that cause impairment.

A Licensee shall ensure that no illegal substances or drugs, including marijuana, are on the Facility’s premises.

A Licensee shall ensure that no firearms or other weapons are on the Facility’s premises, with the exception of those licensed and appropriately in the possession and control of armed security guards authorized to protect the Facility premises.

A Licensee shall ensure that all appliances, sharp utensils, and other dangerous devices are kept inaccessible to children at all times.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 142

5-A DCMR § 143 HEALTH, SAFETY AND WELFARE: SUPPORTING HEALTHY CHILD DEVELOPMENT

HEALTH, SAFETY AND WELFARE: SUPPORTING HEALTHY CHILD DEVELOPMENT

A licensed Child Development Facility (“Licensee”) serving children in a full-day program shall ensure that each child, including infants, toddlers, and preschoolers, has a minimum of two (2) hours of active playtime each day, including a minimum of forty-five (45) minutes of outdoor activity, weather permitting. During outdoor play, children shall be dressed appropriately for weather and temperature.

A Licensee shall provide one (1) hour of structured active play and guided physical activity, and one (1) hour of child‐initiated unstructured physical activity. A Licensee shall schedule children attending less than a full‐day program to participate in a proportionate amount of such physical activities. In inclement weather, a Licensee shall encourage and support active play in a safe indoor play area.

Children shall not be engaged in sedentary activities or activities requiring them to sit passively for more than sixty (60) minutes continuously, except during scheduled rest or nap time.

Restrictive infant equipment such as swings, stationary activity centers, infant seats, and molded seats, if used, shall only be used for a maximum of thirty (30) minutes, twice a day. A Licensee shall ensure that safety straps are used and that infants are supervised when placed in equipment.

A Licensee shall prohibit children less than two (2) years of age from viewing television, videos, or other visual recordings, unless a supervising staff member directly interacts with the children during this viewing time.

A Licensee shall limit viewing of television, videos, or other visual recordings to no more than sixty (60) minutes total per day for children ages two (2) and older. The only materials that may be viewed shall consist solely of developmentally appropriate educational programming or programs that actively engage child movement. A Licensee shall limit to a proportionate amount of any such viewing for children ages two (2) and older attending less than a full‐day program.

Notwithstanding Section 160 (Requirements for a Child Development Facility Operating During Non-Traditional Hours), a Licensee shall ensure that children enrolled are provided periods of rest, not to exceed three (3) hours per day. The duration and scheduling of activities shall be appropriate in order to prevent fatigue and to meet the physical needs of the enrolled children at the Facility, taking into account the ages and developmental levels of the children. Each child in a full-day program shall have specific times designated for rest each day.

A Licensee shall ensure that each child has a supply of clean, dry clothing following outdoor play, if needed, and that staff promptly remove all soiled clothing from a child and replace it with clean, dry clothing.

A Licensee shall monitor each enrolled child’s development, share observations with the parent(s) or guardian(s), and provide resource information, as needed, for developmental screenings and early intervention services.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 143

5-A DCMR § 144 HEALTH, SAFETY AND WELFARE: HAND HYGIENE

HEALTH, SAFETY AND WELFARE: HAND HYGIENE

A Licensee shall establish and implement a written policy regarding hand washing that addresses the following areas:

Under what circumstances hand washing and hand sanitizing are required for staff, volunteers, and children;

Specific hand washing and hand sanitizing procedures; and

Ongoing monitoring by the Center Director or Caregiver to ensure that proper hand washing procedures are followed by staff, volunteers, and children.

A Licensee shall post in all food preparation, diapering, toileting areas, and other designated hand washing areas the circumstances when children and staff shall perform hand hygiene.

A Licensee shall ensure that all staff and volunteers wash their hands in, at least, the following circumstances:

Upon arrival for the day, after breaks or when moving from one group to another;

Before and after:

Preparing food or beverages;

Eating, drinking or handling food;

Handling clean utensils or equipment;

Diapering;

Assisting or training a child in feeding or toileting; or

Providing any medication or applying any medical ointment or cream.

After:

Personal use of the toilet;

Handling or contact with body secretions, such as blood, urine, stool, mucus, saliva, or drainage from wounds;

Removing disposable gloves;

Caring for a sick child;

Handling animals or cleaning up animal excrement; or

Cleaning or handling garbage.

A Licensee shall ensure that all children wash their hands in, at least, the following circumstances:

Upon arrival for the day, after breaks or when moving from one group to another;

Before and after eating, drinking, or handling food;

After:

Personal use of the toilet;

Outdoor activities; or

Handling animals.

A Licensee shall ensure that designated hand washing areas are equipped with sinks with running water, soap, single-use paper towels or an air hand dryer, and are restricted from use for washing utensils and bottles.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 144

5-A DCMR § 145 HEALTH, SAFETY AND WELFARE: DIAPERING

HEALTH, SAFETY AND WELFARE: DIAPERING

A Licensee shall maintain diaper-changing areas within close proximity of a properly maintained source of potable, running hot and cold water and soap, and that is not in or near the Facility’s kitchen or eating areas.

A Licensee shall store soiled diapers and training pants in designated and labeled containers separate from all other waste, including soiled clothes and linens. A Licensee shall provide a washable, plastic lined, tightly covered receptacle that can be operated by a hands-free opening mechanism, within arm reach of each diaper changing table, for the disposal of soiled diapers or training pants.

A Licensee shall provide an area for the storage of clean diapers and training pants that is clean and designated exclusively for that exclusive use, with the exception that the clean diaper and training pants storage area and the storage area for enrolled children’s clean clothes may be combined.

A Licensee shall only use cloth diapers for a child if the child’s parent(s) or guardian(s) provides the Facility with a written statement accompanied by supporting written documentation from a licensed health care practitioner, explaining that cloth diapers are required by a special medical circumstance of that child. This statement shall remain in the child’s record at the Facility.

Staff members of a licensed Facility shall ensure that each child’s diaper or training pant is checked for wetness and feces at least hourly and whenever the child indicates discomfort or exhibits behavior which suggests a wet or soiled diaper. A Licensee shall ensure that upon learning that diapers and training pants are wet or soiled, that they are changed.

A Licensee shall provide one (1) or more diaper-changing areas that have surfaces made of non-porous material.

A Licensee shall ensure that infants and toddlers are diapered only at designated diaper changing areas.

A Licensee shall ensure that children are never left unattended at a diaper changing area.

A Licensee shall ensure that, for each diaper changing area, the diaper changing surface is cleaned and sanitized with a bleach solution or other appropriate germicide after each diaper change.

A Licensee shall ensure that the bleach solution or other germicide used for cleaning and sanitizing the diaper changing surface is kept in a secure area, inaccessible to children at all times.

A Licensee shall store or dispose of soiled diapers, training pants, and clothing and diapering materials as follows:

Cloth diapers, training pants, or clothing soiled with urine or feces that are to be sent home with a child shall be rinsed at the Facility at a location where food preparation does not occur, or shall be placed directly into a plastic container that is sealed tightly, and shall be stored away from the rest of the child’s belongings and out of reach of all children, until sent home with the child at the end of the day;

Cloth diapers, training pants, or clothing soiled with urine or feces that are to be laundered by the Licensee shall be placed in a non-porous covered container containing an appropriate germicidal solution until laundered;

Cloth diapers, training pants, or clothing soiled with urine or feces that are to be either laundered by the Facility, or sent home with a child for laundering, may be held at the Facility for laundering no longer than one (1) day;

A Licensee shall place soiled disposable diapers and training pants in a plastic-lined, covered container that shall be emptied, cleaned, and sanitized with an appropriate germicidal agent at least once daily;

A Licensee shall use only disposable diapering materials, including wipes and changing pads, except as provided for in this chapter, and a Licensee shall discard each such disposable item after one (1) use in the container designated for the discard of soiled disposable diapers; and

All staff shall wear disposable gloves when changing diapers and training pants or when assisting children to remove soiled clothing. A new pair of gloves shall be used and discarded for each successive child.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 145

5-A DCMR § 146 HEALTH, SAFETY AND WELFARE: SAFE SLEEPING AND RESTING PRACTICES

HEALTH, SAFETY AND WELFARE: SAFE SLEEPING AND RESTING PRACTICES

A Licensee that provides care for one (1) or more infants shall comply with the latest recommendations of the American Academy of Pediatrics (“AAP”) with regard to safe sleep practices and reducing the risk of Sudden Infant Death Syndrome including any recommendation made by the AAP after the effective date of these regulations. If the AAP’s latest recommendations differ from the requirements of this section, the Licensee shall comply with the latest recommendations from the AAP.

A Licensee that provides care for one (1) or more infants shall comply with the following requirements with regard to infant sleep and play position:

Unless otherwise ordered by a physician or other qualified health care practitioner, each infant shall be placed on his or her back for sleeping;

Each infant shall be placed on his or her stomach for some part of the day that he or she is awake and under staff supervision;

A positioning device shall not be used to restrict the movement of an infant unless such device is ordered by a physician or other qualified health care practitioner;

Soft materials or objects, such as pillows, quilts, comforters, sheepskins, blankets, and stuffed toys, shall not be permitted in an infant's sleep environment;

Bumper pads shall not be used in an infant’s crib;

An infant shall not be put to sleep on a sofa, soft mattress, waterbed, chair, cushion, or other soft surface; and

An infant shall be removed from his or her crib for all feedings, and shall not be fed by means of a propped bottle.

If there is a medical reason a child cannot sleep on his/her back, then the Licensee shall obtain a signed statement from the child’s health practitioner stating a different sleep position is required. This statement shall remain in the child’s record at the Facility.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 146

5-A DCMR § 147 HEALTH, SAFETY AND WELFARE: PREVENTION OF CHILD ABUSE AND NEGLECT

HEALTH, SAFETY AND WELFARE: PREVENTION OF CHILD ABUSE AND NEGLECT

A Licensed Child Development Facility (“Licensee”), including any staff, substitutes, volunteers, individual residing on the premises of the Facility, or any other individual connected with the Facility shall not subject a child to abuse, neglect, mental injury, or injurious treatment.

A Licensee shall:

Provide training to all staff upon initial hire and annually thereafter regarding the Facility's policies and procedures relating to child abuse, neglect, and risk to a child's health, safety or welfare, including to whom and how to report suspected abuse, neglect, or risk to a child's health, safety, or welfare;

Require staff to immediately report, and to cooperate with officials investigating, alleged or actual child abuse or neglect, or alleged or actual risk to an enrolled child's health, safety, or welfare;

If any staff member is identified as responsible for alleged or actual child abuse or neglect, or alleged or actual risk to an enrolled child's health, safety, or welfare, the Licensee shall immediately place that staff member on administrative leave or reassign the staff member to duties involving no contact with children until the investigation conducted by authorized District of Columbia government officials is complete and that investigation establishes that the staff member is not responsible for the alleged child abuse or neglect; and

Create an encouraging and supportive environment where staff may report incidents involving alleged or actual child abuse, or neglect or alleged or actual risk to an enrolled child's health, safety, or welfare, without threat of retaliation, including termination of employment.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 147

5-A DCMR § 148 HEALTH, SAFETY AND WELFARE: EMERGENCY PREPAREDNESS AND RESPONSE PLANNING

HEALTH, SAFETY AND WELFARE: EMERGENCY PREPAREDNESS AND RESPONSE PLANNING

A Licensee shall conduct practice emergency evacuation and disaster drills, in accordance with requirements set forth by FEMS. The drills shall include all groups of children and all staff, and shall be conducted at least twice a year, at varying times during the program day. A Licensee shall document the date, time, and duration of each such evacuation drill, the number of children and staff participating, and the weather conditions.

A Licensee shall maintain a complete log of all documented practice evacuation drills for at least five (5) years.

A Licensee shall develop and implement specific procedures for the safe and prompt evacuation of infants, toddlers, and non-ambulatory children.

A Licensee shall develop and maintain an emergency and disaster plan with established procedures for the following:

Evacuations and clearly marked evacuation routes;

Relocating staff and children to a safe evacuation site during an emergency;

Sheltering in place if evacuation is not possible;

Lock-down procedures in the event of an emergency

Notifying parents and guardians about an emergency;

Notifying parents and guardians when an emergency has ended and the process for reuniting parents and guardians with their children;

Addressing the needs of children during an emergency;

Contacting local emergency authorities;

Listing essential local emergency contacts; and

Posting the Emergency and Disaster plan in a conspicuous place at the Facility’s premises.

A Licensee shall review and update the emergency and disaster plan annually.

A Licensee shall provide training to all staff annually on the emergency and disaster plan.

A Licensee shall inform and update parents and guardians of enrolled children at least annually about the Facility’s emergency and disaster plan.

A Licensee shall provide at least one working, non-pay, stationary telephone accessible to staff at each Facility building.

A Licensee shall register with AlertDC, or any successor notification system, administered by the Homeland Security and Emergency Management Agency, for immediate notification of emergency alerts and notifications.

A Licensee shall maintain a three (3) day supply of water, staple food, and supplies for each enrolled child and staff member.

When non-ambulatory children are enrolled in a Facility at street level, a Licensee shall be equipped with a ratio of one (1) evacuation crib for every four (4) non-ambulatory children to be used during emergency evacuations.

When non-ambulatory children are enrolled in a Facility that has approval to operate above or below street level, a Licensee shall be equipped with a ratio of one (1) evacuation crib for every two (2) non-ambulatory children to be used during emergency evacuations.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 148

5-A DCMR § 149 HEALTH, SAFETY AND WELFARE: HAZARDOUS MATERIALS AND BIOCONTAMINANTS

HEALTH, SAFETY AND WELFARE: HAZARDOUS MATERIALS AND BIOCONTAMINANTS

A Licensee shall ensure that all cleaning and sanitizing supplies, toxic substances, paint, poisons, aerosol containers, and other items bearing warning labels are safely stored and are kept in a secure area, inaccessible to the children at all times.

A Licensee shall ensure that the telephone number for the local Poison Control Center is posted in a location where it is readily available in an emergency situation.

A Licensee shall use only non-toxic arts and crafts materials.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 149

5-A DCMR § 150 HEALTH, SAFETY AND WELFARE: FIRST AID AND CPR

HEALTH, SAFETY AND WELFARE: FIRST AID AND CPR

A Licensee shall ensure that all staff members shall possess current and valid certification appropriate to the age of children served by the Facility in first aid and CPR.

A Licensee shall have at all times at least two (2) staff members at the premises and readily available to administer first aid and CPR for children, unless a caregiver in a child development home is serving no more than six (6) children with only two children being under the age of two.

A Licensee shall maintain at the Facility premises a quantity of first aid supplies sufficient to meet the Facility’s reasonably expected needs, based on the size of the Facility, the ages and developmental abilities of the enrolled children, and the Facility’s program of activities. A Licensee shall maintain these supplies in a designated location that is readily available to staff and inaccessible to children.

For every twenty-five (25) children, a Licensee shall maintain a first aid kit that includes, but is not limited to the following supplies:

A current edition of the first aid text published by the American Academy of Pediatrics, the American Red Cross, or an equivalent community first aid guide;

Telephone number(s) of the local Poison Control Center;

One (1) roll of one-half inch (½ in.) non-allergenic adhesive tape;

One (1) roll of two-inch (2 in.) gauze roller bandage;

Ten (10) individually wrapped sterile gauze squares in assorted sizes;

Twenty-five (25) adhesive compresses, such as Band-Aids, in assorted sizes;

Three (3) clean cotton towels or sheeting pieces, approximately twenty-four by thirty-six inches (24 in. x 36 in.) each;

One (1) pair of scissors;

Safety pins in assorted sizes;

One (1) working flashlight;

One (1) non-mercury, non-glass thermometer;

One (1) measuring tablespoon or dosing spoon;

One (1) pair of tweezers;

One-third cup (1/3 c.) of powdered milk for dental first aid (for mixing to make a liquid solution);

Rubbing alcohol and alcohol swabs;

Cotton balls;

One (1) ice pack or gel pack;

Liquid sanitizer;

Sanitary soap;

Disposable, nonabsorbent latex free or non-powdered latex free gloves;

All items needed for disposal of blood-borne pathogens;

Eye patch or dressing;

Pen or pencil and notepad;

Wipes;

Whistle; and

One-way valves for infants (if served), young children, and adults.

A Licensee shall inspect and take inventory of its first aid supplies at least weekly, and replenish them as needed. Replenishment shall include:

Removing and replacing sterile supplies if the package has been opened or damaged, or if the expiration date on the package has been reached; and

Replacing all supplies as they are used, expired, or become damaged.

A Licensee shall maintain one (1) transportable first aid kit, in addition to the complete first aid kit, which shall include:

A current edition of the first aid text published by the American Academy of Pediatrics, the American Red Cross, or an equivalent community first aid guide;

Telephone number(s) of the local Poison Control Center;

One (1) roll of one-half inch (½ in.) non-allergenic adhesive tape;

One (1) roll of two-inch (2 in.) gauze roller bandage;

Ten (10) individually wrapped sterile gauze squares in assorted sizes;

Twenty-five (25) adhesive compresses, such as Band-Aids, in assorted sizes;

One (1) pair of scissors;

Safety pins in assorted sizes;

One (1) working flashlight;

One (1) pair of tweezers;

Rubbing alcohol and alcohol swabs;

Cotton balls;

One (1) ice pack or gel pack;

Liquid sanitizer;

Disposable, nonabsorbent latex free or non-powdered latex free gloves;

Pen or pencil and notepad;

Wipes;

Whistle; and

One-way valves for infants (if served), young children, and adults.

A Licensee shall ensure that the transportable first aid kit also include:

List of children in attendance, organized by the staff member they are assigned to, and each child’s emergency contact information;

Special care plans for children who have them;

Emergency medications or supplies as specified in the special care plans;

List of phone numbers for the Poison Center, nearby hospitals or other emergency care clinics, and other community resource agencies; and

Written transportation policy and contingency plans.

A Licensee shall ensure that a transportable first aid kit is taken along by Facility staff on each outing, and when children under the care and supervision of the Facility are being transported.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 150

5-A DCMR § 151 HEALTH, SAFETY AND WELFARE: INCLUSION, EXCLUSION, AND DISMISSAL OF CHILDREN AND STAFF DUE TO ILLNESS

HEALTH, SAFETY AND WELFARE: INCLUSION, EXCLUSION, AND DISMISSAL OF CHILDREN AND STAFF DUE TO ILLNESS

A Licensee shall take the following actions under the following circumstances:

A child who exhibits one (1) or more symptoms of an illness identified in Subsection 151.2, upon arrival, shall not attend the Facility that day;

If, during the time a child is at the Facility, the Facility staff observes one (1) or more symptoms of an illness identified in Subsection 151.2, the Licensee shall notify the child’s parent(s) or guardian(s) immediately. A Licensee shall require that the parent(s) or guardian(s) remove the child from the Facility within two (2) hours after the notification was provided;

A Licensee shall isolate a child who exhibits one (1) or more symptoms of an illness identified in Subsection 151.2. The child shall remain within sight and hearing of a staff member; and

A Licensee shall ensure that a child who exhibits one (1) or more symptom s of an illness identified in Subsection 151.2 does not share any personal hygiene, grooming items, or food.

A Licensee shall exclude a child from a Facility while exhibiting symptoms of illness including, but not limited to, the following:

Diarrhea (loose, watery, or bloody stools);

Vomiting two (2) or more times in a twenty-four (24) hour period;

Body rash with any fever;

Sore throat with any fever or swollen glands;

Abnormal discoloration of the skin;

Any fever accompanied by a rash, vomiting, diarrhea, earache, irritability, or confusion;

Any other symptom indicative of a reportable communicable disease, as such is defined in 22-B DCMR Chapter 2, or in any superseding document.

A Licensee shall observe each child for the presence of the following symptoms of illness, that may indicate a medical problem, which may require exclusion from the Facility, isolation from other children, and consultation with the child’s parent(s), guardian(s), or licensed health care practitioner(s):

Fever;

Lethargy or inability to walk;

Respiratory problems, including increased respiratory rate, retractions in the chest, excessive nasal flaring, audible persistent wheezing, persistent coughing, either productive or nonproductive, severe coughing causing redness or blueness in the face, or difficulty in breathing;

Abdominal and urinary system problems, including intestinal parasites, dark urine, white spots in the stool, increased urgency or frequency of urination, or no urination for an entire day;

Cardiac problems, including choking, change in color of the skin, chest pain, or persistent sweating;

Ear problems, including discharge from the ear and/or ear pain;

Throat and mouth problems, including sores on the lips or in the mouth, white patches in the mouth, throat pain, or a dental problem that needs immediate attention; and

Injuries, including persistent bleeding, oozing wounds, apparent fracture, complaint of persistent bone pain or stiffness, or difficulty with the movement of any extremity.

A child who exhibits one (1) or more symptoms of an illness identified in Subsection 151.2, and who has been treated for the symptom(s) by a licensed health care practitioner, may be readmitted to the Facility only with written permission, and written instructions for continuing care if needed, from a licensed health care practitioner.

If a child exhibits mild symptoms of illness and/or discomfort, the Center Director, or his/her designee, or the Caregiver, in consultation with the child’s parent(s) or guardian(s), shall decide whether the child should be immediately discharged from the Facility or discharged at the end of the day. This decision shall consider the following:

Whether the illness prevents the child from participating comfortably in activities;

Whether the illness results in a need for care that is greater than the staff can provide without compromising the health and safety of other children; and

Whether the illness poses a risk of spread of harmful diseases to others.

Staff members who exhibit one (1) or more symptoms of an illness identified in Subsection 151.2, and who have been treated for the symptom(s) by a licensed health care practitioner, may return to work with written permission from a licensed health care practitioner.

Staff members who, after having experienced conditions that affect the ability to perform required duties, have been treated for said condition(s) by a licensed health care practitioner, may return to work with written permission from a licensed health care practitioner.

Staff members who after serious or prolonged illness, have been treated for said illness by a licensed health care practitioner, may return to work with written permission from that licensed health care practitioner.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 151

5-A DCMR § 152 HEALTH, SAFETY AND WELFARE: REQUIRED HEALTH EXAMINATIONS & IMMUNIZATIONS

HEALTH, SAFETY AND WELFARE: REQUIRED HEALTH EXAMINATIONS & IMMUNIZATIONS

A Licensee shall ensure that each child attending a Facility shall, prior to the child’s first day of services and at least annually thereafter, submit to the Facility and to OSSE upon request, appropriate, complete documentation of a comprehensive physical health examination, which shall include evidence of age-appropriate health examinations or screenings and up-to-date immunizations, and, for each child three (3) years of age or older, evidence of an oral health examination. Each examination shall have been performed by a licensed health care practitioner within one (1) year prior to the date of submission of the complete documentation.

A Licensee shall provide a sixty (60) day grace period from the first day of service to submit documentation required in Subsection 152.1 for a child experiencing homelessness or a child who is a ward of the District in foster care.

Pursuant to D.C. Official Code §§ 38-501 et seq. and 22-B DCMR §§ 130.1 et seq., each child shall be immunized according to the requirements set forth in 22-B DCMR §§ 131-137 before entering the Facility, unless the child is part of a group exempted from this requirement in Subsection 152.10.

In addition to the information otherwise required under this section, each parent or guardian of a child under six (6) years of age attending a Facility shall submit, and the Licensee shall maintain and provide to OSSE upon request, documentation with respect to blood tests for lead poisoning as follows:

Documentation, preferably in the form of a Certificate of Testing for Lead Poisoning, that the child was tested between the ages of six (6) months and fourteen (14) months, and again between the ages of twenty-two (22) months and twenty-six (26) months; or

If the child was not tested before the age of twenty-six months (26), the child was or will be screened two (2) times before the age of six (6) years. Lead test results will be valid for two (2) months from date of testing and the results will not exclude a child from school‐related programs or activities.

Blood tests for lead poisoning shall be conducted, and results shall be disseminated and maintained, in accordance with the Childhood Lead Poisoning Screening and Reporting Act of 2002, effective October 1, 2002 (D.C. Law 14-190; D.C. Official Code §§ 7-871.01 et seq.).

Licensee shall maintain documentation at the Facility at all times evidencing that enrolled children have received all required immunizations, health and oral examinations, or evidence that a child is exempted from a requirement, pursuant to Subsection 152.10.

An enrolled child’s compliance with requirement to have annual health and oral examinations shall include a thirty (30) day grace period from the child’s birthday or date of required annual examination for parents to meet all required health and oral examinations.

An enrolled child’s’ compliance with the requirement to be immunized, shall include a ten (10) day grace period from the child’s birthday or date of required annual immunization for all required immunizations.

An enrolled child’s compliance with the requirement to be immunized and have health and oral examinations shall include a sixty (60) day grace period from the first day of service for a child experiencing homelessness or a ward of the District in foster care.

The following groups are exempted from receiving the immunizations required in Subsection 152.3:

Children whose parents object on religious grounds; and

Children whose medical condition requires that immunizations not be given or for whom immunization is determined to be not medically advisable.

If immunizations have not been administered because of a medical condition, the child’s parent(s) or guardian(s) shall provide documentation from the child’s licensed health care provider stating that because of a medical condition the child should not receive a particular immunization.

If immunizations have not been administered because of the child’s parent(s) or guardian(s)’ religious beliefs, the parent(s) or guardian(s) shall provide documentation stating that they have a good faith religious objection to immunizing their child to the Licensee.

If unimmunized children are exposed to a vaccine-preventable disease at the Facility, the Licensee shall contact the Department of Health to determine the action they should take (if any) related to the unimmunized children.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 152

5-A DCMR § 153 HEALTH, SAFETY AND WELFARE: MEDICATION ADMINISTRATION AND STORAGE

HEALTH, SAFETY AND WELFARE: MEDICATION ADMINISTRATION AND STORAGE

A Licensee shall not administer medication or treatment to a child in care, with the exception of emergency first aid, whether prescription or non-prescription, unless:

Parental permission to administer the medication or treatment is documented on a completed, signed, and dated medication authorization form that is received by the Licensee before the medication or treatment is administered;

A licensed health care practitioner has approved the administration of the medication and the medication dosage; and

The individual administering the medication has completed an approved medication training program or the individual is a registered nurse, licensed practical nurse, or medication technician certified by the District of Columbia Board of Nursing to administer medication to children in care.

A Licensee shall not administer prescription medication to a child unless at least one (1) dose of the medication has been given to the child at home at a previous date or time.

If medication is by prescription, it shall include a label from the pharmacy or a licensed health care practitioner with the following:

The child's name;

The date of the prescription;

The name of the medication;

The medication dosage;

The administration schedule;

The method of administration;

If applicable, special instructions, such as “take with food”;

The duration of the prescription;

An expiration date that states when the medication is no longer useable; and

The name and telephone number of the child’s licensed health care practitioner.

Medication shall be administered according to the instructions on the label of the medication container or a licensed health care practitioner's written instructions, whichever is most recently dated.

A Licensee shall maintain a medication log, on a form approved by OSSE. Each time medication is administered to a child, a staff person shall enter the date, time of day, medication, medication dosage, method of administration, and the name of the person administering the medication in the medication log.

For each child for whom medication is administered at the Facility, a Licensee shall obtain a daily written statement from the parent or guardian, indicating when the last dose was administered prior to the child’s arrival to the Facility. A Licensee shall add the information from the written statement to the medication log described in Subsection 153.5.

A Licensee shall maintain all records pertaining to the administration of each medication to each child for a period of at least three (3) years after the administration of said medication. The record shall include the written medical prescription or order from the licensed health care practitioner, the written instructions and authorization of the parent(s) or guardian(s), and the completed medication log. A Licensee shall make these records available for review by OSSE upon request.

After receiving written consent from a child’s parent(s) or guardian(s), a Licensee may apply nonprescription topical ointments, including petroleum jelly, diaper rash products, sunscreen, or insect repellent supplied by the child's parent(s) or guardian(s) without prior approval of a licensed health care practitioner.

Application of a diaper rash product, sunscreen, or insect repellent supplied by a child's parent shall be noted in the child’s record.

Each medication, whether prescription or non-prescription, shall be:

Labeled with the child's name, the dosage, and the expiration date;

Stored in its original container as directed by the manufacturer, the dispensing pharmacy, or the prescribing physician; and

Discarded according to guidelines of the Office of National Drug Control Policy or the U.S. Environmental Protection Agency, or returned to the child's parent upon expiration or discontinuation of use for proper disposal.

A Licensee shall ensure that, unless otherwise indicated by a written medical prescription or order, each medication requiring refrigeration is maintained at a temperature between thirty-six degrees Fahrenheit (36°F) and forty-six degrees Fahrenheit (46°F). All refrigerated medications are to be kept in a separate storage container within the Facility’s refrigerator to prevent potential cross-contamination with foods and beverages.

Before a child may self-administer medication while in care, a Licensee shall:

Have a written order from the child’s physician and the written request of the child’s parent for the child’s self-administration of medication; and

In consultation with the child’s parent, establish a written procedure for self-administration of medication by the child based on the physician’s written order.

If the child fails to follow the written procedure required by Subsection 153.12, a staff member shall administer any remaining medication dosage, document the administration of medication, and notify the child’s parent of such administration.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 153

5-A DCMR § 154 HEALTH, SAFETY AND WELFARE: PREVENTION OF AND RESPONSE TO FOOD ALLERGIES

HEALTH, SAFETY AND WELFARE: PREVENTION OF AND RESPONSE TO FOOD ALLERGIES

A Licensee shall have a written care plan for each child with a food allergy prepared for the Facility by the child’s parent(s), guardian(s), or licensed health care practitioner, which shall include:

Instructions regarding the food to which the child is allergic and steps that need to be taken to avoid that food; and

A detailed treatment plan to be implemented in the event of an allergic reaction, including the names, doses, and methods of administration of any medications that the child should receive in the event of a reaction. The plan should include specific symptoms that would indicate the need to administer one or more medications.

Based on a child’s care plan, the Licensee shall ensure that the staff members are trained to:

Prevent exposure to the specific food to which the child is allergic;

Recognize the symptoms of an allergic reaction; and

Treat allergic reactions.

The written care plan, a mobile phone, and the proper medications for appropriate treatment if the child develops an acute allergic reaction shall be carried on field trips.

A Licensee shall immediately notify the parent(s) or guardian(s) of any suspected allergic reactions of an enrolled child, as well as the ingestion of or contact with the problem food even if a reaction did not occur.

A Licensee shall prominently post food allergy notifications near the Facility’s entrance and in each classroom of an enrolled child with food allergies. This notification shall not include the child’s name or any other identifying information.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 154

5-A DCMR § 155 HEALTH, SAFETY AND WELFARE: FOOD SERVICE

HEALTH, SAFETY AND WELFARE: FOOD SERVICE

A Licensee that stores, prepares, handles, and serves food shall comply with, or ensure that any entity providing food complies with, the requirements consistent with the District of Columbia Food Code, Title 25-A DCMR, and shall obtain and maintain all certifications or licenses required under the applicable laws and regulations of the District of Columbia

A Licensee shall ensure that planned daily menus, and the foods that are actually served by the Facility, are varied, suitable to the ages and developmental levels of the children, and consistent with the meal pattern requirements and nutrition standards specified by the Child and Adult Care Food Program.

A Licensee shall plan and publicly post menus for all foods served, including snacks, and shall modify the menus as necessary to reflect foods actually served. A Licensee shall maintain the menus at the Facility’s premises for at least three (3) years.

A Licensee shall have at least one (1) staff member present at all times when meals are being prepared or served who is certified as a Food Protection Manager in accordance with the District of Columbia Food Code, 25-A DCMR. The staff member shall have a valid and current certification.

A Licensee shall ensure that staff responsibilities concerning food preparation and service do not reduce the adult-to-child ratios for staff actively supervising children below the levels specified in this chapter or interfere with the implementation of the Facility’s program of activities.

A Licensee shall ensure that no person is involved in food preparation or service, or otherwise works in the food preparation or service area, if that person shows signs or symptoms of illness, including vomiting, diarrhea, or uncovered infectious skin sores, or if that person is actually or probably infected with any bacterium or virus that can be carried in food.

A Licensee shall request and obtain, if applicable, from a child’s parent(s) or guardian(s) all relevant information regarding dietary restrictions and food allergies for that child upon the child’s admission to the Facility, and the Licensee shall record this information in the child’s file.

A Licensee shall request at least annually and if applicable obtain from a child’s parent(s) or guardian(s) updated information regarding the child’s dietary restrictions and food allergies.

A Licensee shall ensure that all staff responsible for food preparation and distribution are immediately informed, orally and in writing, of any dietary restrictions, food allergies, or other special dietary requirements of enrolled children at the Facility.

A Licensee shall serve a special therapeutic diet to a child only upon written approval from the child’s parent(s) or guardian(s), accompanied by written instructions from the child’s licensed health care practitioner.

A Licensee shall provide and ensure that each child uses, at each meal or snack, clean and sanitary individual eating and drinking utensils. Reusable utensils shall be washed and sanitized after each use.

A Licensee that serves food provided by the parent(s) or guardian(s) shall:

Establish and implement written policies and procedures to be followed if the food provided does not meet the requirements in this section; and

Ensure that food provided by the parent(s) or guardian(s) shall not be co-mingled with food prepared at the Facility and may be stored in a separate refrigerator.

A Licensee shall ensure that powdered milk or reconstituted evaporated milk is not served as a substitute for fluid milk for drinking. A Licensee may use powdered milk or reconstituted evaporated milk for cooking.

A Licensee shall make drinking water continuously available to all children and serve drinking water on demand.

A Licensee shall ensure that appropriately timed meals and snacks, consistent with the Child and Adult Care Food Program, that meet the nutritional requirements of the child are served according to the following schedule, based on the number of hours a child is present at the Facility. If the child is present for:

Two (2) to four (4) hours, child receives one (1) snack or one meal;

Four (4) to six (6) hours, child receives one (1) meal and one (1) snack or two meals;

Seven (7) to eleven (11) hours, child receives two (2) meals and one (1) snack or two (2) snacks and one (1) meal, depending on the time of arrival of the child; and

Twelve (12) hours or more, child receives three (3) meals and two (2) snacks.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 155

5-A DCMR § 156 HEALTH, SAFETY AND WELFARE: INFANT FEEDING

HEALTH, SAFETY AND WELFARE: INFANT FEEDING

This section shall only apply to a licensed Facility that provides care services to infants.

A Licensee shall comply with the following requirements concerning infant formula and feeding:

Each feeding bottle for an infant or toddler shall be labeled with the name of the child to whom it belongs;

Each bottle of milk or formula shall be labeled with the date of preparation, and refrigerated at thirty-five to forty degrees Fahrenheit (35ºF - 40ºF);

Each open container of ready-to-feed or concentrated formula shall be used for only one (1) child, and shall be labeled with that child’s first and last name and the date on which the container is opened;

All infant formula given to a child shall be prepared according to written instructions obtained from the parent(s) or guardian(s) of that child or from the child’s licensed health care practitioner;

All bottles and formula preparation equipment shall be washed with hot water and detergent in sinks which are not designated for hand washing only;

Bottles, bottle caps, nipples, and other equipment used for bottle feeding shall not be reused without first being cleaned and sanitized by washing in a dishwasher or by washing, rinsing, and boiling them for one (1) minute;

Each bottle of reconstituted concentrated or powdered formula shall be refrigerated immediately after its preparation, or immediately upon its arrival at the Facility if it is prepared and brought to the Facility by the child’s parent(s) or guardian(s), and may be held for feeding for no longer than twenty-four (24) hours;

Each bottle of commercially prepared ready-to-feed formula shall be refrigerated promptly after it is opened;

After each feeding, discard any unused:

Formula within one hour of feeding; and

Breast milk, if less than one ounce, otherwise return remaining breast milk to the mother;

Each bottle or container of breast milk provided for a child by the parent(s) or guardian(s) of that child shall be labeled with the child’s first and last name and the date of receipt, and refrigerated immediately upon its arrival at the Facility;

Fluid breast milk may be held for a feeding for no more than twenty-four (24) hours, and frozen breast milk may be held in a frozen state for no more than two (2) months;

Bottles shall be warmed under running, warm tap water or by placing them in a container of water that is no warmer than one hundred and twenty degrees Fahrenheit (120°F). Bottles shall not be left in a pot of water to warm for more than five (5) minutes;

Microwaving of breast milk is prohibited. If the Facility plans to use this method of heating formula or other liquids and foods, the Licensee shall notify a child’s parent(s) or guardian(s) in writing;

All warmed bottles shall be shaken and temperature tested before feeding to a child. Warmed solid foods shall be stirred and temperature tested before feeding to a child. Liquid and food shall be room temperature;

A Licensee shall provide, or require the parent(s) or guardian(s) of each infant to provide, a sufficient supply of commercially prepared formula so that the child will be adequately fed in the event of emergency;

Each child who is too young or otherwise developmentally unable to use a feeding chair or other appropriate seating apparatus shall be held while being fed;

Each child who is too young, too small, or otherwise developmentally unable to hold his or her bottle while feeding shall be held while being fed; and

A Licensee shall provide a comfortable and secluded location where mothers may breast-feed their children on-site.

A Licensee shall comply with the following requirements concerning infant solid food:

All solid food provided to an infant shall be served according to written instructions, which specify the amount(s) and type(s) of food and feeding times that are requested and obtained by the Facility from the parent(s) or guardian(s) of that child or from the child’s licensed health care practitioner;

Each container of infant food that is provided to the Facility by the parent(s) or guardian(s) of a child for feeding to that child shall be labeled with the child’s first and last name and the date of receipt;

Each container of infant food shall be refrigerated immediately upon its arrival at the Facility, with the exception of unopened containers of commercially prepared bottled or canned food that may be stored at room temperature until opened; and

The uneaten portion of any container of infant food shall be immediately and appropriately refrigerated shall not be comingled with any other food prepared at the Facility, and shall not be held for further consumption for longer than twenty-four (24) hours;.

Unless the Facility has received written notice from the child’s licensed health care practitioner or medical authority, a Licensee shall follow the Child and Adult Care Food Program infant meal patterns.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 156

5-A DCMR § 157 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY DURING SWIMMING AND WATER PLAY

REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY DURING SWIMMING AND WATER PLAY

A Licensee shall maintain constant and active supervision when any child is in or around water.

Before an enrolled child may be permitted to swim or otherwise participate in any activity taking place in water one (1) or more feet in depth, the Licensee shall obtain written permission from the child’s parent(s) or guardian(s). The written permission shall be signed, dated, and include the following:

The child’s name;

A statement indicating whether the child is a swimmer or a non-swimmer; and

A statement indicating that the parent(s) or guardian(s) grants permission for the child to participate in water activities.

A Licensee shall ensure the inaccessibility of pools, including swimming pools, fixed-in-place wading pools, hot tubs, spas, fish ponds, or similar bodies of water by using a pool cover or by surrounding the pool with a fence. If a Facility premises contains a swimming pool or other body of water without a cover, the Licensee must enclose the pool or body of water behind a secure fence that is at least four feet (4 ft.) in height. A Licensee shall ensure that the pool or body of water is inaccessible to children at all times, unless qualified adults are present and supervising the children.

Exit and entrance points to pools or bodies of water shall have self-closing, positive latching gates with locking devices a minimum of fifty-five (55) inches from the ground.

If a Facility chooses to utilize one (1) or more wading pools, the Licensee shall ensure that such pools are cleaned, emptied, and drained daily, and stored in a location that is inaccessible to the enrolled children unless qualified adults are present and supervising the children.

A Licensee shall ensure that any swimming site utilized by the Facility that is at a location other than at the Facility’s premises is a public site, approved of and regulated by the appropriate local authorities.

A Licensee shall ensure that children are swimming or playing in water, including baby pools, wading pools, and full-depth pools are supervised by at least one (1) adult, who is currently certified as a Lifeguard or Water Safety Instructor by the American Red Cross or by an equivalent water safety instruction and testing program, for every six (6) children.

A Licensee shall ensure when children are swimming or playing in water, including baby pools, wading pools, and full-depth pools, the Licensee shall maintain the following adult-to-child ratios, in addition to complying with the water safety requirements as provided in this chapter:

AGE OF CHILDREN

ADULT-TO-CHILD

RATIO

0 - 36 months

1:1

3 - 4 years

1:4

5 - 6 years

1:6

7 -10 years

1:6

11 years and older

1:6

A Licensee shall ensure that when communal water tables are used:

At least one (1) adult for every six (6) children shall be certified in pediatric First Aid and CPR and in attendance. Adult-to-child ratios as set forth in Section 121 shall be maintained;

Water tables are filled with fresh water immediately before a designated group of children begin a water play activity at the table;

The basin and toys are washed and sanitized daily;

Only children without cuts, scratches, and sores on their hands are permitted to use the communal water play table;

Children wash their hands before and after use of the communal water play table;

No child is permitted to drink water from the water play table;

Floor and surface areas under and around the water play table are dried during and after play; and

Bottles, cups, and glasses are not used during water play.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 157

5-A DCMR § 158 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY TRANSPORTING CHILDREN

REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY TRANSPORTING CHILDREN

A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall comply with all applicable federal and District of Columbia laws and regulations governing the maintenance and operation of motor vehicles and the transportation of children.

A Licensee that enters into contracts with other entities for the provision of transportation services shall obtain a signed attestation from the entity that the transportation service complies with the requirements of this section and with all other applicable laws and regulations pertaining to the provision of transportation services.

A Licensee shall establish and implement policies and procedures intended to ensure the safe transportation of children, including background checks, and policies and procedures for the training and monitoring of any person responsible for the transportation of enrolled children.

A Licensee transportation policies and procedures shall address alternative transportation means to be employed if the Facility’s primary vehicle breaks down or is otherwise unavailable for use.

Before any child may be transported while under the care of a Facility, the Licensee shall obtain signed permission from the child’s parent(s) or guardian(s).

A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall label the exterior of each such vehicle, with the Facility’s licensed name and phone number.

A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall maintain proof of current motor vehicle insurance coverage for each such vehicle, both at the Facility premises and inside the vehicle.

A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall ensure that only licensed drivers who are covered by the Facility’s insurance policy operate any such vehicle when transporting enrolled children.

A Licensee shall immediately notify OSSE of any traffic accident involving children being transported while under the care of the Facility. A Licensee shall also submit a written report to OSSE in accordance with Section 128 (Reporting Unusual Incidents), on a form approved by OSSE, within twenty-four (24) hours of the accident, and shall include a copy of the police report regarding the accident, if available.

A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall ensure that each such vehicle is maintained in a clean and mechanically safe condition, as verified by a current inspection sticker from the District of Columbia Department of Motor Vehicles or the equivalent agency in another state and by the Facility’s own maintenance records.

A Licensee that rents, owns, operates, or maintains one or more motor vehicles used for transporting children shall maintain an inspection log and service and repair records for each such vehicle on file for at least twelve (12) months from the date of each inspection, service visit, or repair. A person or parent entity that operates multiple licensed Facilities may maintain all such records at a single administrative office, provided that the records are made available to OSSE upon request.

A Licensee shall ensure that no staff member who has been convicted in any jurisdiction of Driving While Intoxicated (DWI), Driving under the Influence of Alcohol or Drugs (DUI), or an equivalent offense within the previous three (3) years, transports any enrolled children by motor vehicle, to or from the Facility. A Licensee shall also prohibit any other person, including a parent, guardian, or volunteer, who has been convicted of a DWI, DUI, or an equivalent offense within the previous three (3) years, from transporting any children (other than their own) who are enrolled at the Facility, by motor vehicle, to or from the Facility, and shall advise all parents, guardians, and volunteers of this policy in writing.

If the primary driver identified by a Facility becomes unavailable, the Licensee shall identify and utilize a substitute driver who meets the requirements of this section.

A Licensee shall ensure that no driver engages in distracting activities including, but not limited to, smoking, drinking, eating, listening to music, texting, talking on the phone, and using of any other portable devices, while transporting enrolled children.

A Licensee shall ensure that each child transported in a motor vehicle while under the care of the Facility is properly restrained in an approved child safety restraint system or a seat belt, as required by applicable District of Columbia laws and regulations.

A Licensee shall ensure that no child, staff member, or volunteer stands or sits on the floor of a vehicle while the vehicle is in motion, and that no child is held on another person’s lap while the vehicle is in motion.

A Licensee shall ensure that all vehicle doors remain locked at all times, except when staff, volunteers, the driver, or children are boarding or departing the vehicle.

A Licensee shall ensure that no child is left unattended in a vehicle at any time, regardless of conditions.

A Licensee shall maintain a safe vehicle loading and unloading area for children on or adjacent to the Facility’s premises.

A Licensee shall ensure that identification is securely attached to each child participating on a field trip and that the identification contains the Facility’s licensed name, address, telephone number, and, if applicable, any emergency contact telephone number.

A Licensee shall ensure that the following items are present in each vehicle when transporting children on field trips or other routine trips:

A transportable first aid kit;

A working and regularly serviced fire extinguisher;

A supply of drinking water sufficient for the duration of the trip for all children in the vehicle;

A minimum of two (2) large clean towels or blankets;

Emergency contact information and telephone numbers for each parent(s) or guardian(s) of each child in the vehicle;

A copy of the signed Emergency Medical Treatment Authorization form, as required by Subsection 130.2(j) of this chapter, for each child in the vehicle;

A cellular phone or a two-way radio;

A working flashlight; and

If children are being transported in a bus, van, or other large vehicle, a footstool or equivalent aid sufficient to enable all children to safely board and disembark from the vehicle.

A Licensee shall ensure that at least one staff member trained and currently certified in First Aid and CPR for children is present in each vehicle when children are being transported.

When a child with special needs is being transported in a wheelchair while under the care of a Facility, the Licensee shall comply with the following additional safety requirements:

The vehicle shall be equipped with a working wheelchair lift;

The child’s wheelchair shall be secured in the motor vehicle, using a minimum of four (4) anchorages attached to the floor of the vehicle, and four (4) securing devices, such as straps or webbing that have buckles and fasteners, which attach the wheelchair to the anchorages;

The child shall be secured in the wheelchair by means of a wheelchair restraint that contains a combination of pelvic and upper body belts; and

The child’s wheelchair shall be placed in a position in the vehicle that neither prevents access to the child nor passage to the front and rear of the motor vehicle.

A Licensee providing transportation services shall ensure that children who receive such services are taught, in a manner appropriate to the children’s developmental level:

Safe riding practices;

Safety procedures in crossing the street; and

Recognition of the danger zones around the vehicle.

Any driver who transports children for a Licensee shall keep instructions for the quickest route to the nearest emergency medical Facility from all points on the planned route in the vehicle.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 158

5-A DCMR § 159 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY CARING FOR CHILDREN WITH SPECIAL NEEDS

REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY CARING FOR CHILDREN WITH SPECIAL NEEDS

A Licensee shall make reasonable efforts to determine if any child under its care is a child with a disability, as defined by the Individuals with Disabilities Education Act, (Pub.L 101-476; 20 U.S.C. §§ 1400 et seq.), with an Individualized Family Service Plan (IFSP), and be aware of any obligations that the Licensee may have pursuant to the IFSP.

If a Licensee is provided with a copy of the IFSP as a member of the IFSP team or if the child’s parent has provided the IFSP or provided written consent to release the IFSP to the Licensee, the Licensee shall maintain a copy of the child’s current IFSP on file at all times during the student’s enrollment at the facility.

A Licensee shall provide a child’s IFSP service coordinator or service provider access to the Facility in order to provide services pursuant to the child’s IFSP.

If the child’s IFSP is implemented while in the care of the Licensee, the Licensee shall work with the child’s IFSP service coordinator or service provider to develop a plan for incorporating the IFSP goals and strategies into the child’s daily routine at the Facility.

When disclosing any information concerning a child with an IFSP plan to any person, including a licensed health care practitioner, who is not employed by the Facility, the Licensee shall comply with privacy and disclosure requirements under Federal and local IDEA laws and regulations, including, but not limited to, any requirement to obtain written consent from the child’s parent or guardian before making any disclosure.

A Licensee shall make reasonable efforts to determine if any child under its care is a child with any disability and be aware of the Licensee’s obligations to provide any accommodations required by law.

A Licensee shall provide each child with a disability with:

Developmentally appropriate toys and materials;

Developmentally appropriate play equipment which meets the requirements of the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq.;

Appropriate assistance and attention from staff members and volunteers; and

Reasonable accommodations to enable the child to participate in all services and activities provided by the Facility to children without a disability, including field trips.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 159

5-A DCMR § 160 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY OPERATING DURING NON-TRADITIONAL HOURS

REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY OPERATING DURING NON-TRADITIONAL HOURS

Facilities that offer care during non-traditional hours or twenty-four (24) hour care shall comply with all applicable requirements contained in this chapter, in addition to the specific requirements listed in this section.

A Licensee shall ensure that each activity is appropriate both for the time of the day or night and for the age of each enrolled child.

A Licensee shall obtain written consent from a child’s parent(s) or guardian(s) before Facility staff bathe or shower that child, with the exception that in emergency situations or where necessary to protect a child’s hygiene, such as after regurgitation or bedwetting, Facility staff may take appropriate measures to clean an affected child.

A Licensee shall meet the following requirements for rest and sleep:

If a child is in the care of the Facility after 6:00 p.m., on the first day of the child’s enrollment, the Licensee shall establish a bedtime routine, in consultation with that child’s parent(s) or guardian(s) and taking into account the age and developmental needs of the child and the time of the child’s scheduled pick-up from the Facility. A Licensee shall document the routine in that child’s record;

A Licensee shall provide each enrolled child with an individual crib, cot, or bed that is appropriate for the child’s age and size. If the child will be sleeping for more than four (4) hours and is age and size appropriate, a bed, rather than a cot, shall be provided;

A Licensee shall ensure that bedding, such as sheets or blankets, are changed routinely and before the crib, cot, or bed is used by a different child;

A Licensee shall provide, or shall ensure that each enrolled child’s parent(s) or guardian(s) provide, appropriate clothing for the child to wear while sleeping;

A Licensee shall ensure that all cribs, cots, and beds are maintained in a clean and sanitary condition;

If a Facility provides one or more bunk beds for the use of enrolled children, the Licensee shall ensure that no child under seven (7) years of age is placed on a top bunk;

A Licensee shall ensure that all beds, cots, cribs and mattresses have firm surfaces and meet the U.S. Consumer Product Safety Commission’s standards;

A Licensee shall ensure that all beds, cots, and cribs, when in use, are placed at least two (2) feet apart, and that each is at least two (2) feet away from any radiator or window;

A Licensee shall ensure that no bed, cot or crib blocks or impedes access to any exit;

A Licensee shall ensure that no other person shares a crib, cot, or bed with an enrolled child;

A Licensee shall ensure that no enrolled child five (5) years of age or older shares a sleeping room with an adult;

A Licensee shall ensure that staff monitor sleeping children at least once every three (3) hours and maintain a written log of this monitoring; and

A Licensee shall provide night-lights near the exit of each room used for sleeping, along each hallway adjacent to a room used for sleeping, and near each bathroom to be used by enrolled children during the overnight hours.

A Licensee that provides non-traditional hours or twenty-four (24) hour care to school-age children shall comply with the following additional requirements:

A Licensee shall establish a homework routine for each school-age child, in consultation with the parent(s) or guardian(s) of that child, on the first day of enrollment, and shall document the routine in that child’s record;

A Licensee shall ensure that each school-age child is afforded quiet time and is provided with a quiet area for doing homework, as needed;

Facility staff or volunteers shall provide assistance with homework, when needed; and

If an enrolled child is to leave for school directly from the Facility, the Licensee shall, on or before the first day of enrollment, enter into a written agreement with that child’s parent(s) or guardian(s) that specifies the means by which the child shall get to school and the person(s) responsible for accompanying the child to school. A Licensee shall maintain a copy of this countersigned agreement in the child’s record.

A Licensee shall comply with all applicable requirements concerning nutrition that are contained within this chapter, in addition to the following special requirements:

A Licensee shall provide breakfast to each child who has been in care overnight at the Facility and is leaving for school directly from the Facility, unless the Facility and the child's parent(s) or guardian(s) enter into a written agreement specifying that the child will eat breakfast prior to arrival or while at school; and

A Licensee shall provide or serve dinner and a snack to each child scheduled to remain in care overnight, unless the Facility and the child's parent(s) or guardian(s) enter into a written agreement specifying that the child will eat dinner before arriving at the Facility.

A Licensee providing non-traditional hours or twenty-four (24) hour care shall comply at all times with the adult-to-child ratio and staff qualifications requirements provided for in this chapter.

A Licensee shall ensure that staff members are available at all times to attend to the needs of the children, and that at least one (1) adult staff member per every ten (10) children is awake and within sight and sound of the children at all times.

A Licensee shall establish and implement emergency contingency plans to address both medical and non-medical emergencies at all hours of the day or night during which care may be provided, including during natural and man-made emergencies that require evacuation from the Facility, temporary displacement from the Facility, or confinement to the Facility.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 160

5-A DCMR § 161 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY WITH PETS AND ANIMALS

REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY WITH PETS AND ANIMALS

If a Facility permits pets or animals at the Facility’s premises, it shall comply with the following requirements:

A Licensee shall adhere to all local laws, regulations, and ordinances governing the keeping and maintenance of pets or animals;

A Licensee shall maintain at the Facility premises proof of current compliance with all applicable registration and vaccination requirements for each pet or animal kept or maintained at the Facility;

A Licensee shall advise the parent(s) or guardian(s) of prospective and enrolled children in writing of the presence of pets or animals;

A Licensee shall ensure that all pets or animals permitted at the premises are in good health, show no evidence of carrying disease, are friendly toward children, and do not present a threat to the health, safety and welfare of children;

A Licensee shall maintain all pets or animals in a visibly clean manner;

A Licensee shall isolate any pet or animal showing evidence of disease, such as diarrhea, skin infection, severe loss of appetite, weight loss, lethargy, or any unusual behavior or symptoms. A Licensee shall ensure that any pet or animal suspected of being ill is promptly excluded from the presence of enrolled children and examined by a licensed veterinarian;

A Licensee shall prohibit the presence of any pet or animal whose species is a common carrier of rabies, without specific proof that the pet or animal has been vaccinated against that disease;

All pet reptiles shall be kept inaccessible to children at all times;

A Licensee shall ensure that no pet or animal, except a service animal accompanying the person for whom the animal provides assistance, litter box, or pet or animal pen or cage is permitted in any area where food is stored, prepared, or served; and

If an animal bites a child and the child’s skin is broken, the Licensee shall immediately notify the child’s parent(s) or guardian(s) and OSSE, and shall report it as an unusual incident pursuant to this chapter.

Licensee shall ensure that all contact between pets, animals, and children is supervised by a staff member who is in close enough proximity to remove the child immediately, if necessary.

Licensee shall ensure that pet and animal food supplies are kept out of reach of children.

Licensee shall ensure that pet and animal litter boxes are not located in areas accessible to children.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 161

5-A DCMR § 162 CHILD DEVELOPMENT CENTER: ADDITIONAL REQUIREMENTS

CHILD DEVELOPMENT CENTER: ADDITIONAL REQUIREMENTS

All licensed child development centers shall meet the requirements in Sections 118 through 166.

A licensed Child Development Center shall be managed by a Center Director. The Center Director may be assisted by Teachers, Assistant Teachers, Aides, Group Leaders, or Assistant Group Leaders, as further specified in this chapter. In all Centers, the Center Director and staff may be assisted by volunteers.

Each employee or volunteer at the Child Development Center shall be mentally, physically, and emotionally capable of complying with the requirements of this chapter and performing the essential duties and activities related to child care and early childhood education.

Child Development Centers shall not permit a person with a reportable communicable disease that can be transmitted through ordinary contact with children and staff members to be on duty in program space, or in common indoor or outdoor spaces utilized by the children, or to have contact with a child at the Center, without prior written approval from a licensed health care practitioner.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 162

5-A DCMR § 163 CHILD DEVELOPMENT CENTER: INDOOR AND OUTDOOR PROGRAM SPACE

PROGRAM SPACE

For the purposes of this section, "Program Space" is defined as space within the Child Development Center, that does not include the following:

Food preparation areas;

Kitchens;

Bathrooms;

Toilets;

Offices;

Staff rooms;

Corridors;

Hallways;

Stairways;

Closets;

Lockers;

Laundry rooms;

Furnace rooms;

File cabinets;

Storage spaces; and

Non-movable furniture that is not designed for the use of enrolled children.

Child Development Centers shall provide adequate indoor program space for the daily program of the Center. OSSE shall determine the licensed capacity of each Center serving infants, toddlers, and/or preschoolers in accordance with Subsection 122.2.

Children under the age of two (2) years, or non-ambulatory children, may only occupy Center space that:

Is on street level;

Has two (2) means of egress; and

If the means of egress involve steps, has ramps in place to enable staff to put children in evacuation cribs or flat strollers to roll them out in the event of an emergency, unless the lack of a ramp at any means of egress has been approved by FEMS.

Child Development Centers shall ensure that adequate room is provided for all program activities, and shall:

Arrange the space to permit the easy accommodation of the entire range of activities offered by the program;

Arrange the space so that various activities may occur simultaneously without disruption of one by another; and

Ensure that there is adequate and convenient storage space for equipment, materials, and the personal possessions of enrolled children and Facility staff.

If a Child Development Center is located in a building that also houses other entities or persons, the portion of the building to which the children from the Center have access shall be for the exclusive use of children and staff of the Center during the Center’s normal hours of operation, with the exception of entryways, hallways, and other common areas in the building normally available for use by the public. If unrelated business is conducted in child care areas when the Child Development Center is not in operation, activities associated with such business should not leave any residue in the air or on the surfaces or leave behind materials or equipment that can be harmful to children.

Child Development Centers serving infants, toddlers, or preschoolers shall provide suitable age-appropriate outdoor play space. This play space shall be at:

An enclosed area, including a yard or playground, on the Facility’s premises;

A nearby park or playground; or

A rooftop play space that meets the requirements of this chapter.

Child Development Centers shall provide, or have access to, a minimum of sixty square feet (60 ft²) of outdoor play space per child, based on the maximum number of children scheduled to play outdoors at any one time.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 163

5-A DCMR § 164 CHILD DEVELOPMENT CENTER: DIRECTOR QUALIFICATIONS AND RESPONSIBILITIES

CHILD DEVELOPMENT CENTER: DIRECTOR QUALIFICATIONS AND RESPONSIBILITIES

A Director of a Child Development Center shall:

Have earned a bachelor’s or more advanced degree from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, with a major in a field other than child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, elementary education, or human development, with at least twelve (12) credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, elementary education, or human development and at least one (1) year supervised experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction;

Have earned the equivalent of a bachelor’s or more advanced degree from an institution outside of the United States and submitted a foreign credential equivalency report as required by OSSE, with:

A major in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, elementary education, or human development; or

A major in a field other than child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, elementary education, or human development, with at least twelve (12) credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, elementary education, or human development; and

At least one (1) year supervised experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction; or

For an AMS/AMI accredited Montessori School Director, meet the requirements of Subsection 164.1(a), (b), or (c) and have earned a Montessori certificate issued by a program accredited by the Montessori Accreditation Commission for Teacher Education, National Center for Montessori Education, American Montessori Society, or the Association Montessori International, and have at least one (1) year of supervised occupational experience working with children in a licensed District of Columbia Child Development Center or its equivalent in another jurisdiction.

For the purpose of Subsection 164.1, a period of supervised occupational work experience shall include an average of no less than twenty (20) hours per week. One (1) year of occupational experience is equal to one thousand (1,000) hours. Multiple qualifying periods may be aggregated in order to achieve the required total.

164.3 Any person who was employed as a qualified Center Director in a licensed Child Development Center in the District of Columbia on December 2, 2016, and who continuously served as such since December 2, 2006 or earlier, may submit an application to OSSE for a continuous service certification that waives the qualification requirements in Subsection 164.1. OSSE may deny a certification request when a Facility for which the Center Director was responsible received one or more summary suspensions or failed to abate or resolve the deficiencies, or for any other reason consistent with ensuring the health, safety and welfare of children and staff.

A private, parochial, or independent school is exempt from complying with the requirements of this Subsection 164.1, if the school:

Is an elementary/secondary educational program, as defined in this chapter;

Cares for infants and toddlers on the same premises as the instructional program offered to school-age children;

Is accredited by a nationally recognized accrediting body or other body satisfying similar standards as approved by OSSE; and

Does not offer subsidized child care.

For the purposes of this chapter, an early childhood development or early childhood education program shall include the following subject areas:

Growth and development of infants, toddlers, or preschoolers;

Care and education of children with special needs;

Health and physical education of infants, toddlers, or preschoolers;

Therapy through play;

Language development or early childhood literacy;

Children’s literature;

Arts education;

Child, adolescent, educational, or abnormal psychology;

Nutrition for children;

Family development;

Methods of teaching;

Classroom management;

Child behavior management;

Curriculum programs and activities for infants, toddlers, and/or preschoolers;

Educational evaluation and measurement;

Early Childhood Development or Youth Development administration;

Culturally responsive care and education; and

Any other area as determined by OSSE.

Prior to, or within one (1) year of employment as a Center Director, and annually thereafter, a Center Director shall successfully complete, a total of no less than twelve (12) hours of professional development, from a source approved by OSSE, in the following core knowledge areas with regard to program management, operations, and evaluation:

Approaches and techniques to plan, organize, and use available resources;

Effective strategies for working productively with staff and community resource individuals and agencies;

Techniques to conduct program analysis and evaluation and to implement program improvements;

Interpersonal development and communication skills, including team building, collaboration, and conflict management principals and skills; and

Fiscal planning and business management practices.

Interim or acting Center Directors shall meet the requirements in this section.

Center Directors shall attend, upon the request of OSSE, periodic regulatory compliance review sessions presented by or under the auspices of OSSE.

Center Directors shall be responsible for the supervision, program planning, and administration of the Child Development Center and its staff, consistent with the Center’s written operational policies and procedures, and shall assume the following responsibilities:

Ensure compliance with the requirements of this chapter, and with all applicable Federal and District of Columbia laws and regulations;

Select and supervise qualified staff and volunteers in accordance with the District of Columbia Career Guide for Early Childhood and Out-of School-Time Professionals;

Implement pre-service, orientation and annual health and safety training for each staff member and volunteer, as required;

Monitor when staff members complete pre-service, orientation, and annual training, verify their completion, and record staff members’ training in a document that is available during inspections;

Ensure that adult-to-child ratios are maintained in compliance with this chapter at all times;

Ensure that parents and guardians continuously have an opportunity to be involved in the program and in the activities of the Center;

Report unusual incidents as defined by and in accordance with this chapter;

Ensure that all staff members maintain a current CPR and First Aid certification;

Participate in on-going in-service training and continuing education requirements, as required;

Report evidence of child abuse and neglect that comes to the Facility staff’s attention, in accordance with this chapter;

Supervise curriculum implementation at the Center; and

Ensure that staff members have access to ongoing professional development through registration in the District of Columbia’s Early Learning Professional Development Information System.

164.10 A Center Director shall be physically present at the Facility at all times during the Center’s peak hours of operation when the majority of children are present, and maintain on the premises a record of days and actual hours of work at the Facility, except that a Center Director may be intermittently absent from the Facility if he or she has designated an authorized representative of the Facility, who shall be physically present at the Facility when the Center Director is absent and shall assume full responsibility for the Facility’s management and operations in such absence of the Center Director. The authorized representative shall either meet all the requirements of Section 164, excluding the requirements at 164.1, or be a teacher provided the teacher has been employed for a minimum of five (5) years in their role.

Center Directors shall ensure that the written contingency plans for their Facility is applicable for all hours of the day, days of the week, and weeks of the year. If a written contingency plan designates a school or any other Facility as an emergency location, and the school or other Facility is not available for all days and times during which the Child Development Center operates, the written contingency plan shall identify a secondary emergency location and include a building use agreement for the secondary emergency location.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by Final Rulemaking published at 72 DCR 008518 (August 1, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 164

5-A DCMR § 165 CHILD DEVELOPMENT CENTER: TEACHER QUALIFICATIONS AND RESPONSIBILITIES

CHILD DEVELOPMENT CENTER: TEACHER QUALIFICATIONS AND RESPONSIBILITIES

165.1 A Teacher in a Child Development Center shall be at least eighteen (18) years of age and shall:

Have earned an associate or more advanced degree from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, with a major in a field other than child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, with at least twelve (12) credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, and have at least one (1) year of supervised occupational experience working with children in a licensed District of Columbia Facility or its equivalent in another jurisdiction;

Have successfully completed sixty (60) credit hours, or its equivalent as determined by OSSE, with at least twelve (12) of those credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, at an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, and have at least one (1) year of supervised occupational experience working with children in a licensed District of Columbia Facility or its equivalent in another jurisdiction;

Have successfully completed sixty (60) credit hours, or its equivalent as determined by OSSE, with at least twelve (12) of those credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, from an institution outside of the United States, and submitted a foreign credential equivalency report as required by OSSE, and have at least one (1) year of supervised occupational experience working with children in a licensed District of Columbia Facility or its equivalent in another jurisdiction.

Have earned the equivalent of an associate or more advanced degree from an institution outside of the United States, and submitted a foreign credential equivalency report as required by OSSE, with:

A major in a field other than child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, with at least twelve (12) credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development and at least one (1) year supervised experience working with children in a licensed District of Columbia Facility or its equivalent in another jurisdiction;

(f) Have earned a current Child Development Associate (CDA) credential, or a state-awarded certificate that meets or exceeds the requirements for a CDA credential as determined by OSSE, which specifies that the individual is qualified for the assigned age classification; provided that the individual is enrolled in an associate or more advanced degree program and earns an associate or more advanced degree in compliance with (a) or (b) within four (4) years of their initial date of hire as a Teacher in a Child Development Center;

(g) For a Montessori school teacher, have earned an associate degree from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, and a Montessori certificate issued by the National Center for Montessori Education, American Montessori Society, or the Association Montessori International, or a program accredited by the Montessori Accreditation Commission for Teacher Education; or

(h) Have earned a competency-based credential, representing a level of knowledge and skills equivalent to or greater than an associate degree and awarded by a nationally recognized credential program, should one become available and approved by OSSE.

165.2 An individual who meets the requirements of 165.1(f) above and has not earned a degree in compliance with 165.1(a) (b) (c) (d) or (e) within four (4) years of their initial date of hire as a Teacher, may have up to six (6) years from their initial date of hire, to earn a degree, if the individual has maintained continuous enrollment in an associate or more advanced degree program or experienced a documented hardship, as approved by OSSE, that interfered with maintaining enrollment or completing the course of study within four (4) years.

For the purpose of Subsection 165.1, a period of supervised occupational work experience shall include an average of no less than twenty (20) hours per week. One (1) year of occupational experience is equal to one thousand (1,000) hours. Multiple qualifying periods may be aggregated in order to achieve the required total.

For the purposes of this section, early childhood development and early childhood education shall include the courses listed in Subsection 164.5.

Any person who is employed as a qualified Teacher in a licensed Child Development Center in the District of Columbia on December 20, 2023, and who has continuously served as a Teacher for the past ten (10) years, excluding any absences from the labor force related to caregiving responsibilities, may submit an application to OSSE for a continuous service certification that waives the qualification requirements in Subsection 165.1. OSSE may deny a certification request for any reason consistent with ensuring the health, safety and welfare of children.

The duties of a Teacher in a Child Development Center shall include, but not be limited to, the following:

Assisting the Center Director in ensuring compliance with this chapter;

Providing or overseeing the provision, adequate supervision, and appropriate care of all of the children in his or her class or group at all times;

Planning and initiating appropriate daily activities, which promotes positive development and learning,, based on the strengths, interests, and needs of all of the children in his or her class or group;

Assisting the Center Director in implementing the Facility's policies and procedures;

Communicating regularly with the parent(s) or guardian(s) of each child in his or her class or group about the development of their children;

Participating in on-going in-service training and continuing education requirements, as required;

Supervising subordinate staff;

Assuming responsibility for the program of the Facility in the absence of the Center Director, if designated to do so as provided for in Subsection 164.9; and

Performing other appropriate duties as requested by the Center Director.

A private, parochial, or independent school is exempt from complying with the requirements of this section, if the school:

Is an elementary/secondary educational program, as defined in this chapter;

Cares for infants and toddlers on the same premises as the instructional program offered to school-age children;

Is accredited by a nationally recognized accrediting body or other body satisfying similar standards as approved by OSSE; and

Does not offer subsidized child care.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by Final Rulemaking published at 65 DCR 7032 (June 29, 2018); as amended by Final Rulemaking published at 72 DCR 008518 (August 1, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 165

5-A DCMR § 166 CHILD DEVELOPMENT CENTER: ASSISTANT TEACHER QUALIFICATIONS AND RESPONSIBILITIES

CHILD DEVELOPMENT CENTER: ASSISTANT TEACHER QUALIFICATIONS AND RESPONSIBILITIES

166.1 An Assistant Teacher in a Child Development Center shall be at least eighteen (18) years of age and shall:

(a) Have successfully completed sixty (60) credit hours of college-level coursework at, or earned an associate or more advanced degree from, an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation;

(b) Have successfully completed sixty (60) credit hours of college-level coursework at, or earned the equivalent of an associate or more advanced degree from, an institution outside of the United States and submitted a foreign credential equivalency report as required by OSSE;

(c) Have earned a competency-based credential, representing a level of knowledge and skills equivalent to or greater than an associate degree and awarded by a nationally recognized credential program, should one become available and approved by OSSE;

(d) Have earned a current CDA credential, or a state-awarded certificate that meets or exceeds the requirements for a CDA credential as determined by OSSE, which specifies that the individual is qualified to serve as an Assistant Teacher for the age classification with whom the individual will work;

Have earned a high school diploma or its equivalent, provided that the individual earns a CDA credential, or a state-awarded certificate that meets or exceeds the requirements for a CDA credential as determined by OSSE, within two (2) years of their initial date of hire as an Assistant Teacher in a Child Development Center; or

For a Montessori school Assistant Teacher, have earned a high school diploma or its equivalent and a minimum of twenty (20) hours of Montessori specific training, completed an orientation program specific to the school, and works under the supervision of a Montessori credentialed lead teacher.

166.2 Any person who is employed as a qualified Assistant Teacher in a licensed Child Development Center in the District of Columbia on December 20, 2023, and who has continuously served as an Assistant Teacher for the past ten (10) years, excluding any absences from the labor force due to caregiving responsibilities, may submit an application to OSSE for a continuous service certification that waives the qualification requirements in Subsection 166.1. OSSE may deny a certification request for any reason consistent with ensuring the health, safety and welfare of children.

For the purpose of Subsection 166.1, a period of supervised occupational work experience shall include an average of no less than twenty (20) hours per week. One (1) year of occupational experience is equal to one thousand (1,000) hours. Multiple qualifying periods may be aggregated in order to achieve the required total.

The duties of an Assistant Teacher in a Child Development Center shall include, but not be limited to, the following:

Providing supervision and appropriate care to the children in his or her class or group, under the direct supervision of a Teacher or the Center Director;

Assisting the Teacher in planning and initiating appropriate daily activities, which promote positive development and learning based on the strengths, interests, and needs of all of the children in his or her class or group;

Assisting the Teacher in communicating regularly with the parent(s) or guardian(s) of each child in his or her class or group about the development of their children; and

Participating in on-going in-service training and continuing education requirements, as required.

A private, parochial, or independent school is exempt from complying with the requirements of this section, if the school:

Is an elementary/secondary educational program, as defined in this chapter;

Cares for infants and toddlers on the same premises as the instructional program offered to school-age children;

Is accredited by a nationally recognized accrediting body or other body satisfying similar standards as approved by OSSE; and

Does not offer subsidized child care.

166.6 For the purposes of this section, early childhood development and early childhood education shall include the courses listed in Subsection 164.5.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by Final Rulemaking published at 65 DCR 7032 (June 29, 2018); as amended by Final Rulemaking published at 68 DCR 5016 (May 7, 2021); as amended by Final Rulemaking published at 72 DCR 008518 (August 1, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 166

5-A DCMR § 167 CHILD DEVELOPMENT HOME: ADDITIONAL REQUIREMENTS

CHILD DEVELOPMENT HOME: ADDITIONAL REQUIREMENTS

A licensed Child Development Home shall provide a child development program for up to a total of six (6) children.

For the purposes of Sections 167 through 171, the term “Licensee” specifically refers to the Caregiver of a licensed Child Development Home.

A Licensee shall live on the premises and work at the Facility located in the home.

A Licensee shall be responsible for compliance with all District of Columbia laws and regulations applicable to a Child Development Facility, including all sections in this chapter, except those specifically applicable only to Child Development Centers.

A Child Development Home may be licensed to provide care for up to six (6) children. The total number of six (6) children in the care of a Child Development Home shall not include those of the caregiver who are six (6) years or older; provided, that the total number of children of the caregiver between the ages of six (6) and fifteen (15) years shall not exceed three (3), and of those three (3) children, no more than two (2) shall be age ten (10) years or younger. The restrictions on the number of children that may be cared for in a child development home shall also include care given to a child by a caregiver related to the child. For the purpose of this paragraph, the term "related" means any of the following relationships by marriage, blood, or adoption: Grandparent, parent, brother, sister, step-sister, step-brother, uncle, or aunt.

A Licensee who stores, prepares, handles and serves food shall be responsible for following the requirements consistent with the District of Columbia Municipal Regulations, including obtaining all requisite certifications or licenses as required under the applicable laws and regulations of the District of Columbia.

Notwithstanding Subsection 142.7, a Licensee shall ensure that licensed firearm, shotguns, rifles or other licensed weapons and ammunition are inaccessible to children served in a Child Development Home or Expanded Home, unloaded, secured with an appropriate trigger locking device, and stored a safe storage depository which, when locked, is incapable of being opened without the key, combination or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to and possession of the weapon or ammunition contained therein. Ammunition shall also be stored in a safe storage depository.

A Licensee shall ensure that parent(s) or guardian(s) of children served in a Child Development Home or Expanded Home with licensed firearm, shotguns, rifles or other licensed weapons and ammunition are provided notice that a licensed firearm, shotguns, rifles or other licensed weapons and ammunition are on the premises of the Child Development Home or Expanded Home.

A licensed Child Development Home or Expanded Home shall not provide foster care, for either children or adults, on the same premises, without the prior written approval from OSSE. This written approval shall be maintained at the Facility at all times that the caregiver provides foster care.

A licensed Child Development Home shall obtain, maintain, and provide to OSSE upon request, documentation establishing that each person living at the home that houses the Facility has, within the preceding twelve (12) months, been examined by a licensed health care professional and certified by that professional to be free of communicable diseases.

Child Development Homes and Expanded Homes shall obtain approval from OSSE for the use of all program space, and may only offer child care in approved space.

The Caregiver(s) of a Child Development Home or Expanded Home shall arrange the play space and the furniture in the approved program space within the Child Development Home or Expanded Home to allow adequate room for active and quiet play and for individual and group activities.

Program space does not include:

Food preparation areas within the kitchen;

Bathrooms;

Hallways;

Stairways;

Closets;

Laundry rooms or areas;

Furnace rooms; and

Storage spaces.

Child Development Homes and Expanded Homes shall provide a sufficient amount, as determined by OSSE, of developmentally appropriate toys, games, equipment, books, and other materials to meet the needs of enrolled children at the Facility.

Child Development Homes and Expanded Homes serving infants, toddlers, or preschoolers shall provide suitable age-appropriate outdoor place space. This play space shall be at:

An enclosed yard on the Facility premises;

A nearby park or playground; or

A rooftop play space that meets the requirements of this chapter.

Child Development Homes and Expanded Homes shall provide a minimum of sixty square feet (60 ft²) of outdoor play space per child, based on the maximum number of children scheduled to play outdoors at any one time.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 167

5-A DCMR § 168 CHILD DEVELOPMENT HOME: CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

CHILD DEVELOPMENT HOME: CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

168.1 A Child Development Home Caregiver shall be at least eighteen (18) years of age and shall:

Have completed or earned the following:

An associate or more advanced degree from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, with a major in a field other than child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, with at least twelve (12) credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development at an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation and have at least one (1) year of supervised occupational experience working with children in a licensed District of Columbia Facility or its equivalent in another jurisdiction;

Sixty (60) credit hours, or its equivalent as determined by OSSE, with at least twelve (12) of those credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation and have at least one (1) year of supervised occupational experience working with children in a licensed District of Columbia Facility or its equivalent in another jurisdiction;

Sixty (60) credit hours, or its equivalent as determined by OSSE, with at least twelve (12) of those credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, from an institution outside of the United States, and submitted a foreign credential equivalency report as required by OSSE, and have at least one (1) year of supervised occupational experience working with children in a licensed District of Columbia Facility or its equivalent in another jurisdiction;

The equivalent of an associate or more advanced degree from an institution outside of the United States and has submitted a foreign credential equivalency report as required by OSSE, with:

A major in a field other than child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, with at least twelve (12) credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development and at least one (1) year supervised experience working with children in a licensed District of Columbia Facility or its equivalent in another jurisdiction;

A competency-based credential, representing a level of knowledge and skills equivalent to or greater than an associate degree and awarded by a nationally recognized credential program, should one become available and approved by OSSE; or

A current CDA credential, or a state-awarded certificate that meets or exceeds the requirements for a CDA credential as determined by OSSE;

(b) Participate in at least five (4) child development-related training courses, approved by the District of Columbia Government, per year, for a total of at least twelve (12) hours of professional development annually; and

Successfully complete all health and safety training requirements set forth in this chapter.

168.2 For the purposes of this section, early childhood development and early childhood education shall include the courses listed in Subsection 164.5.

168.3 A Child Development Home Caregiver employed in a licensed Child Development Home in the District of Columbia on December 20, 2023, and who has continuously served as a Home Caregiver for the past ten (10) years, excluding any absences from the labor force due to caregiving responsibilities, may submit an application to OSSE for a continuous service certification that waives the qualification requirements in Subsection 168.1. OSSE may deny a certification request when a Facility for which the Home Caregiver was responsible received one or more summary suspensions or failed to abate or resolve the deficiencies, or for any other reason consistent with ensuring the health, safety and welfare of children.

The duties of a Child Development Home Caregiver shall include, but shall not be limited to, the following:

Orienting each member of the Caregiver’s household to the laws, regulations, and standards governing Child Development Homes;

Operating the Child Development Home in compliance with all applicable laws and regulations, including compliance with background check requirements for Caregivers and any adult living in the household;

Ensuring that enrolled children are supervised and within sight and sound at all times;

Ensure that any other duties or activities performed on behalf of the household do not interfere with the supervision and care given to the enrolled children;

Ensuring that each person residing at the home has a physical examination by a licensed health care practitioner at least annually and that each is certified by the examining practitioner to be free of tuberculosis and other diseases in communicable form;

Supervising and accompanying all visitors who are present at the Home or on the grounds during the Child Development Home’s hours of operation;

Reporting to OSSE and to the parent(s) or guardian(s) of each affected child any unusual incident or accident that occurs in the Child Development Home, in accordance with this chapter;

Ensuring that an adequate number of qualified registered back-up personnel, are engaged by the Child Development Home and are available to be present at the Child Development Home when needed, at all times during the Child Development Home’s hours of operation, in accordance with this chapter; and that all the qualifications and training of back-up personnel be documented, and that this documentation, along with records related to back-up personnel, be kept current and maintained consistent with the standards set forth in this section, as required for all Child Development Home Caregivers;

Developing and implementing written contingency plans, including written instructions for all Child Development Home personnel and for all responsible household members, for use in case of medical and non-medical emergencies;

Being responsible for the overall supervision and administration of the program of care provided to the enrolled children; and

Ensuring that staff members have access to ongoing professional development through registration in the District of Columbia’s Early Learning Professional Development Information System.

Child Development Home Caregivers shall be physically present at the Facility during the Facility’s hours of operation and maintain, on the premises, a record of days and actual hours at work at the Facility.

When the Child Development Home Caregiver is not physically present at the Facility due to Caregiver’s attendance at a professional development event or performance of other Caregiver related responsibilities, the Child Development Home Caregiver shall designate a qualified back-up Caregiver, who meets the requirements and qualifications of a Caregiver as set forth in Section 168.1(a) and (c) and criminal background checks as set forth in Subsection 132.2 and Section 133, to assume full responsibility for the Facility’s operations in the absence of the Child Development Home Caregiver.

Child Development Home Caregivers shall ensure that qualified back-up personnel are available during all hours of the Facility’s hours of operation and that the engagement of back-up personnel does not create a violation of this chapter. If a Child Development Home Caregiver utilizes another licensed Child Development Home Caregiver as a back-up, the back-up site shall not be responsible for more children than indicated on his or her license.

Child Development Home Caregivers shall ensure that the written contingency plan is applicable for all hours of the day, days of the week, and weeks of the year for which the Child Development Home is normally operating. If the written contingency plan utilizes a location that is not available for all days or hours for which the Child Development Home is normally operating, the written contingency plan shall identify a secondary emergency location that is available.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as corrected by Errata Notice published at 64 DCR 8231 (August 18, 2017); as amended by Final Rulemaking published at 65 DCR 7032 (June 29, 2018); as amended by Final Rulemaking published at 68 DCR 5016 (May 7, 2021); as amended by Final Rulemaking published at 72 DCR 008518 (August 1, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 168

5-A DCMR § 169 EXPANDED CHILD DEVELOPMENT HOME: ADDITIONAL REQUIREMENTS

EXPANDED CHILD DEVELOPMENT HOME: ADDITIONAL REQUIREMENTS

An Expanded Home may be licensed to provide care for up to twelve (12) children, consistent with the laws and regulations of the District of Columbia. An Expanded Home shall comply with the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4‐401 et seq.).

An Expanded Home may provide care for more than two (2) children who are non-ambulatory or under two (2) years of age, provided that the number of such children does not exceed the following:

Four (4) children, if there are two (2) or more Caregivers present; or

Six (6) children, if there are three (3) or more Caregivers present.

Expanded Homes shall comply with all of the requirements of this chapter pertaining to Child Development Facilities and Child Development Homes, with the following additional requirements:

Each Expanded Home shall have at least two (2) Caregivers, in compliance with adult-to-child care ratios; and

Each Expanded Home shall provide a minimum of thirty-five square feet (35 ft²) of unencumbered program space per child.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 169

5-A DCMR § 170 EXPANDED CHILD DEVELOPMENT HOME: CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

EXPANDED CHILD DEVELOPMENT HOME: CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

Expanded Home Caregivers shall comply with the requirements for Caregivers in Child Development Homes contained in this chapter, except as specifically provided herein.

170.2 An Expanded Home Caregiver shall be at least eighteen (18) years of age and shall:

Have completed or earned at least one of the following:

An associate or more advanced degree from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, with a major in a field other than child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, with at least twelve (12) credit hours, or its equivalent as determined by OSSE, from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development;

Sixty (60) credit hours, or its equivalent as determined by OSSE, with at least twelve (12) of those credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, at an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation;

Sixty (60) credit hours, or its equivalent as determined by OSSE, with at least twelve (12) of those credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, from an institution outside of the United States, and submitted a foreign credential equivalency report as required by OSSE;

The equivalent of an associate or more advanced degree from an institution outside of the United States and submitted a foreign credential equivalency report as required by OSSE, with:

(A) A major in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development; or

(B) A major in a field other than child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development, with at least twelve (12) credit hours, or its equivalent as determined by OSSE, in child and family studies, child development, child studies, developmental psychology, early care and education, early childhood development, early childhood education, early childhood special education, early childhood studies, early learning and development, or human development;

A current CDA credential; provided that the individual is enrolled in an associate or more advanced degree program and earns an associate or more advanced degree as described in §170.2(a)(1) within four (4) years of the date on which the Facility opened.

Have successfully completed one of the following:

At least one (1) year of operating as the Caregiver in a licensed District of Columbia Child Development Home or its equivalent in another jurisdiction; or

At least one (1) year of supervised occupational experience in a licensed Child Development Center, or its equivalent in another jurisdiction, as a Center Director or Teacher.

Participate in at least four (4) child development-related training courses, approved by OSSE, per year, for a total of at least fifteen (15) hours of professional development annually; and

Successfully complete all health and safety training requirements set forth in this chapter.

An individual who meets the requirements of § 170.2(a)(7) and has not earned a degree or credential in compliance with § 170.2(a)(1), (2), (3) (4), (5), or (6) within four (4) years of opening a Facility, may have up to six (6) years from the date on which the Facility opened, to earn a degree provided that the individual has maintained continuous enrollment in an associate or more advanced degree program or experienced a documented hardship, as approved by OSSE, that interfered with maintaining enrollment or completing the course of study within four (4) years.

For the purpose of § 170.2, a period of supervised occupational work experience shall include an average of no less than twenty (20) hours per week. One (1) year of occupational experience is the equivalent of one thousand (1,000) hours. Multiple qualifying periods may be aggregated in order to achieve the required total.

For the purposes of this section, early childhood development and early childhood education shall include the courses listed in § 164.5.

Any person who is employed as a qualified Expanded Home Caregiver in a licensed Expanded Child Development Home in the District of Columbia on December 20, 2023 and who has continuously served as a Home Caregiver for the past ten (10) years, excluding any absences from the labor force due to caregiving responsibilities, may submit an application to OSSE for a continuous service certification that waives the qualification requirements in § 170.1. OSSE may deny a certification request when a Facility for which the Expanded Home Caregiver was responsible received one or more summary suspensions or failed to abate or resolve the deficiencies, or for any other reason consistent with ensuring the health, safety and welfare of children.

A primary Caregiver shall reside in the dwelling where the licensed Expanded Home is located.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by Final Rulemaking published at 65 DCR 7032 (June 29, 2018); as amended by Final Rulemaking published at 72 DCR 008518 (August 1, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 170

5-A DCMR § 171 CHILD DEVELOPMENT HOME AND EXPANDED CHILD DEVELOPMENT HOMES: ASSOCIATE CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

CHILD DEVELOPMENT HOME AND EXPANDED CHILD DEVELOPMENT HOMES: ASSOCIATE CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

171.1 An Associate Caregiver in a Home or Expanded Home shall be at least eighteen (18) years of age and shall:

Have completed or earned the following:

(1) Sixty (60) credit hours of college-level coursework or an associate or more advanced degree from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation;

(2) Sixty (60) credit hours of college-level coursework or the equivalent of an associate or more advanced degree from an institution outside of the United States and submitted a foreign credential equivalency report as required by OSSE;

(3) A competency-based credential, representing a level of knowledge and skills equivalent to or greater than an associate degree and awarded by a nationally recognized credential program, should one become available and approved by OSSE;

(4) A current CDA credential, or state-awarded certificate that meets or exceeds the requirements for a CDA credential as determined by OSSE; or

(5) A high school diploma or its equivalent, provided that the Associate Caregiver earns a current CDA credential, or a state-awarded certificate that meets or exceeds the requirements for a CDA credential as determined by OSSE, within two (2) years of their initial date of hire as an Associate Caregiver in a Child Development Home.

Participate in at least four (4) child development-related training courses, approved by the District of Columbia Government per year, for a total of at least fifteen (15) hours of professional development annually; and

Successfully complete all health and safety training requirements set forth in this chapter.

171.2 Any person who is employed as an Associate Caregiver in a licensed Child Development Home in the District of Columbia on December 20, 2023, and who has continuously served as an Associate Caregiver for the past ten (10) years, excluding any absences from the labor force due to caregiving responsibilities, may submit an application to OSSE for a continuous service certification that waives the qualification requirements in § 171.1. OSSE may deny a certification request for any reason consistent with ensuring the health, safety and welfare of children.

171.3 An Associate Caregiver need not reside in the dwelling where the licensed Home or Expanded Home is located.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by Final Rulemaking published at 65 DCR 7032 (June 29, 2018); as amended by Final Rulemaking published at 68 DCR 5016 (May 7, 2021); as amended by Final Rulemaking published at 72 DCR 008518 (August 1, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 171

5-A DCMR § 172 OUT-OF-SCHOOL-TIME PROGRAM: ADDITIONAL REQUIREMENTS

OUT-OF-SCHOOL-TIME PROGRAM: ADDITIONAL REQUIREMENTS

In the case of a Facility providing out-of-school-time care only, which is located in a District of Columbia government building exempt from Certificate of Occupancy requirements, the requirements of this chapter may be met by providing, in lieu of the Certificate of Occupancy, a Building Use Agreement executed by the Facility and the District of Columbia government agency with responsibility for that building, including a certification from the government agency that it assumes responsibility for the maintenance and safety of the premises in which the Facility is located.

The space used by an out-of-school-time program must comply with the requirements in Section 163 (Child Development Center: Indoor and Outdoor Program Space) which sets forth indoor and outdoor program space requirements for child development centers. A licensed out-of-school-time program is exempt from the specific indoor space requirements set forth in Section 122.1 and need only maintain a minimum of twenty-five (25) square feet of program space per child five (5) years old or older.

Child Development Facilities providing out-of-school-time care to school-age children shall provide at least one (1) flush toilet and one (1) sink for every twenty (20) children, based on the licensing capacity of the Facility.

Except as provided in Subsection 172.5, if a Facility provides out-of-school-time care to school-age children, the Licensee shall develop a program of supervised activities that is designed for school-age children that includes for each child:

Free choice of play with appropriate toys;

Opportunities to further develop and strengthen motor proficiencies including running, jumping, and climbing;

Opportunities for concentration, alone or in a group;

Time to read or do homework;

Opportunities for creative activities; and

Opportunities for developing supportive relationships with staff, volunteers, and peers.

If a Licensee provides out-of-school-time care, the Licensee need not comply with the requirements of Subsection 172.4, provided that the Licensee satisfies the specific program requirements in Section 140 (General Daily Program Activities and Curriculum).

In out-of-school time programs, each group containing one (1) or more children eleven (11) years of age or younger shall be supervised by, at a minimum, a Group Leader and an Assistant Group Leader. A group containing children all of whom are twelve (12) years of age or older may be occasionally supervised by a volunteer, in addition to the Group Leader, provided that the volunteer is at least two (2) years older than the oldest child in the group.

A Licensee that provides out-of-school-time care to school-age children may permit a child seven (7) years or older to administer his or her own medication or treatment, under the direct supervision of a staff member, upon receipt of written authorization for the child’s self-administration from the child’s parent(s) or guardian(s).

A Licensee that provides out-of-school-time care to school-age children may permit a school-age child with asthma to carry his or her own inhaler and to self-administer medication from it as needed, and may permit a child with a chronic illness or disability to self-test for the appropriate medical indicator(s) and to self-administer medication as needed, upon receipt of written authorization from the child’s licensed health care practitioner and written consent from the child’s parent(s) or guardian(s). In each such case, the Licensee shall ensure that all staff members are informed of the fact that the child is permitted to self-test or to self-administer his or her medication.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 172

5-A DCMR § 173 OUT-OF-SCHOOL TIME PROGRAM: CENTER DIRECTOR QUALIFICATIONS AND RESPONSIBILITIES

OUT-OF-SCHOOL TIME PROGRAM: CENTER DIRECTOR QUALIFICATIONS AND RESPONSIBILITIES

A licensed Child Development Center that provides out-of-school-time care, either exclusively or in connection with infant, toddler, or preschool care, shall have a Center Director.

A Center Director for a Child Development Center that provides both out-of-school-time care and care for infants, toddlers, or preschoolers shall meet the qualification requirements for a Center Director in accordance with Section 164 (Child Development Center: Director Qualifications and Responsibilities).

A Center Director for a Child Development Center that only provides out-of-school-time care shall be at least eighteen (18) years of age and shall either:

Have earned a bachelor’s or more advanced degree from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, and have at least one (1) year of supervised occupational experience working with school age children under the age of fifteen (15) years in a duly authorized school or camp, a licensed Child Development Center, or the equivalent; or

Have earned an associate’s or more advanced degree from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, with a major in education or child and positive youth development, and have at least one (1) year of supervised occupational experience working with school age children under the age of fifteen (15) years in a duly authorized school or camp, a licensed Child Development Center, or the equivalent.

For the purposes of Subsection 173.3, a period of supervised occupational work experience shall include an average of no less than twenty (20) hours per week. One (1) year of occupational experience is equal to one thousand (1,000) hours. Multiple qualifying periods may be aggregated in order to achieve the required total.

A Center Director of an out-of-school-time program shall be responsible for the supervision, program planning, and administration of the Child Development Center and its staff, consistent with its written operational policies and philosophy, and shall assume the following responsibilities:

Ensuring compliance with the requirements of this chapter, and with all applicable Federal and District of Columbia laws;

Selecting and supervising qualified staff and volunteers in accordance with the District of Columbia Career Guide for Early Childhood and Out-of-School-Time Professionals;

Implementing an initial orientation and annual training for each staff member and volunteer, as required;

Ensuring that adult-to-child ratios are maintained in compliance with this chapter at all times;

Ensuring that parents or guardians continuously have an opportunity to be involved in the program and in the activities of the Center;

Reporting unusual incidents as defined by and in accordance with this chapter;

Ensuring that all staff members maintain current First Aid and Cardiopulmonary Resuscitation certification for children are present at the Facility premises at all times;

Participating in on-going in-service training and continuing education requirements, as required;

Reporting evidence of child abuse and neglect that comes to the Facility staff’s attention, in accordance with this chapter;

Supervising curriculum implementation at the Center; and

Ensuring that staff members have access to ongoing professional development through registration in the District of Columbia’s Early Learning Professional Development Information System.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 173

5-A DCMR § 174 OUT-OF-SCHOOL TIME PROGRAM: GROUP LEADER QUALIFICATIONS AND RESPONSIBILITIES

OUT-OF-SCHOOL TIME PROGRAM: GROUP LEADER QUALIFICATIONS AND RESPONSIBILITIES

At a Child Development Center that provides both out-of-school-time care and care for infants, toddlers, and/or preschoolers, a qualified Teacher shall be deemed to meet the qualification requirements for a Group Leader.

174.2 A Group Leader whose sole responsibility is to supervise an out-of-school-time program group shall be at least eighteen (18) years of age and shall:

Have successfully completed sixty (60) credit hours of college-level coursework or earned, an associate or more advanced degree from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, with a major in education or child and youth development;

Have earned at least forty-eight (48) credit hours from an institution accredited by an agency recognized by the U.S. Secretary of Education or the Council for Higher Education Accreditation, of which at least nine (9) credit hours, or its equivalent as determined by OSSE, shall be in child and youth development, and have at least six (6) months of supervised occupational experience working with school age children under the age of fifteen (15) years at a duly authorized school or camp, a licensed Child Development Center, or the equivalent; or

Have earned a high school diploma or its equivalent and have at least one (1) year of supervised occupational experience working with school age children under the age of fifteen (15) years at a duly authorized school or camp, a licensed Child Development Center, or the equivalent.

In order to qualify for the purpose of Subsection 174.2, a period of supervised occupational work experience shall include an average of no less than twenty (20) hours per week. One (1) year of occupational experience is equal to one thousand (1,000) hours. Multiple qualifying periods may be aggregated in order to achieve the required total.

The duties and responsibilities of a Group Leader shall include, but not be limited to, the following:

Supervising, assisting, and guiding the children in his or her assigned group;

Assisting the Center Director in appropriately planning the program of care and education;

Communicating regularly with the parent(s) or guardian(s) of each child in his or her class or group about the development of their child(ren); and

Supervising subordinate staff.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by Final Rulemaking published at 72 DCR 008518 (August 1, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 174

5-A DCMR § 175 OUT-OF-SCHOOL-TIME PROGRAM: ASSISTANT GROUP LEADER QUALIFICATIONS AND RESPONSIBILITIES

OUT-OF-SCHOOL-TIME PROGRAM: ASSISTANT GROUP LEADER QUALIFICATIONS AND RESPONSIBILITIES

In a Child Development Center that provides both out-of-school-time care and care for infants, toddlers, or preschoolers, a qualified Assistant Teacher shall be deemed to meet the qualification requirements for an Assistant Group Leader.

An Assistant Group Leader in a Child Development Center that provides out-of- school-time care only shall be at least eighteen (18) years of age and have earned at least a high school diploma or its equivalent.

[REPEALED]

Each Assistant Group Leader shall work under the direct supervision of a Group Leader.

The duties and responsibilities of an Assistant Group Leader shall be to aid the Group Leader in guiding the activities of the children.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by Final Rulemaking published at 72 DCR 008518 (August 1, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 175

5-A DCMR § 176 OUT-OF-SCHOOL-TIME PROGRAM: PROFESSIONAL DEVELOPMENT REQUIREMENTS FOR STAFF

OUT-OF-SCHOOL TIME PROGRAM: PROFESSIONAL DEVELOPMENT REQUIREMENTS FOR STAFF

Each paid employee at a Child Development Facility serving infants, toddlers, or preschoolers whose duties or responsibilities include the care of enrolled children shall receive pre-service training in the health and safety standards of licensed Child Development Facilities in the District of Columbia that, at a minimum, shall include

Child abuse and neglect, prevention, detection and reporting;

Emergency preparation and response planning for emergencies resulting from a natural disaster or a human-caused event;

Prevention of sudden infant death syndrome and use of safe sleep practices;

Prevention of shaken baby syndrome and abusive head trauma;

First aid and CPR, as applicable;

Prevention and control of infectious diseases, including immunization;

Administration of medication, consistent with standards for parental or guardian consent;

Prevention of and response to emergencies due to food and allergic reactions;

Building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic; and

Handling and storage of hazardous materials and the appropriate disposal of bio contaminants.

Each paid employee at a licensed Child Development Facility providing out-of-school-time care whose duties or responsibilities include solely the care of school-aged children shall participate in at least ten (10) hours of professional development annually, including annual training that maintains and updates the employee’s knowledge of health and safety standards.

Acceptable subject for professional development of employees who work with school age children may include the topics specified in Subsection 139.7, plus the following additional areas as appropriate for the age range of the children served by the Facility:

Recreation;

Science and technology;

Music, visual, and performing arts;

Youth development; and

Guidance.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 176

5-A DCMR § 199 DEFINITIONS

199.1 When used in this title, the following terms and phrases shall have the meanings ascribed:

Abuse – The physical or mental injury of a child by a parent, guardian, or custodian, under circumstances that indicate that the child's health or welfare is significantly harmed or at risk of being significantly harmed. Abuse includes sexual abuse of a child, whether or not physical injuries are sustained.

Adult – A person who is eighteen (18) years of age or older.

Adult-to-child ratio – The maximum number of children permitted per staff member.

Americans with Disabilities Act or "ADA" – approved July 26, 1990, as amended (Pub.L. 101-336; 104 Stat. 327; 42 U.S.C. §§ 12101 et seq.).

Associate caregiver – An individual who provides care in an Expanded Child Development Home and who is subordinate to the Primary Caregiver.

Building use agreement – An agreement between the Child Development Facility licensed or required to be licensed and the owner of a building to use the building to operate a Child Development Facility if the primary location of operation ceases to be available.

CDA -- Child Development Associate credential, a credential obtained under the award system of the Council for Professional Recognition.

CPR – Cardiopulmonary resuscitation.

Care by a related person – Care of a child by that child’s parent, step-parent, grandparent, brother, sister, step-brother, step-sister, uncle, or aunt, said relationship having been established by blood, marriage, or adoption, or by that child’s legal guardian.

Caregiver – An individual who is in charge of, and responsible for the direct care, supervision, and guidance of children in a Child Development Home or Expanded Child Development Home.

Center director – A Child Development Center staff member who has primary responsibility for the daily operations and management of the Center, which may serve children from birth to kindergarten entry and children in school-age child care.

Certification of COVID-19 immunization – written certification by a private physician, his or her representative, or the public health authorities that an individual has received COVID-19 immunization, which may include a copy of the individual's Centers for Disease Control and Prevention COVID-19 Vaccination Record Card reflecting COVID-19 immunization.

Change in ownership – Any change that results in an individual or owner (including a corporation or unincorporated business entity) acquiring the ability to substantially affect the actions of the Facility. An individual or corporation has the ability to substantially affect the Facility’s actions when he, she, or it (1) personally holds, or holds in partnership with one or more family members, at least a twenty-five percent (25%) ownership interest in the Facility; or (2) personally represents (with voting trust, power of attorney, or proxy authority), or represents in partnership with one or more family members, any individual or group holding at least a twenty-five percent (25%) ownership interest in the Facility.

Child or children – An individual or individuals from birth to fifteen (15) years of age, except when “infant/s” and/or “toddler/s” are specified within the same provision, in which case “child” or “children” means an individual or individuals from thirty-six (36) months old to fifteen (15) years of age.

Child experiencing homelessness – A child who is homeless as defined in Section 725 of Subtitle Vii-B of the McKinney-Vento Act (42 U.S.C. § 11434a).

Child development center or Center – A Child Development Facility located in premises other than a dwelling occupied by the operator of the Facility that serves more than twelve (12) children. This definition encompasses facilities generally known as child care centers, preschools, nursery schools, before-and-after school programs, and similar programs and facilities.

Child development facility or Facility – A center, home, expanded home, or other structure that provides care and other services, supervision and guidance for children, infants, and toddlers on a regular basis, regardless of its designated name. Child Development Facility does not include a public or private elementary or secondary school engaged in legally required educational and related functions or a pre-kindergarten education program licensed pursuant to the Pre-k Act.

Child development home – A private residence which provides a child development program for children. Child Development Home also includes those Facilities classified as “Expanded Child Development Homes”.

Communicable diseases – A disease identified as a communicable disease, including without limitation any illness due to an infectious agent or its toxic product, which is transmitted directly or indirectly to a well person from an infected person, animal, or ectoparasite; or any illness due to an infectious agent or its toxic product which is transmitted through the agency of an intermediate host, vector, or by exposure within the immediate environment. Communicable disease also shall mean any disease occurring as an outbreak of illness or toxic conditions, regardless of etiology in an institution or other identifiable group of people.

COVID-19 immunization – initial immunization and any boosters or reimmunization required to maintain immunization against the disease caused by the novel coronavirus SARSCoV-2 (COVID-19) in accordance with the immunization standards issued by the public health authorities.

CYSHA – Child and Youth, Safety and Health Omnibus Amendment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. (2012 Repl. & 2016 Supp.)).

Developmentally appropriate – Individualized, responsive care that aligns with a child’s age, needs, cultural context, and personality.

DOEE – District of Columbia Department of Energy and Environment.

Elementary/secondary educational program – A course of instruction and study from and including pre-Kindergarten through the end of high school, any portion thereof, or its equivalent.

Encumbered Instructional and/or Play Space – Space that is restricted by permanent fixtures, architectural structures, equipment, bedding, or furniture that are unrelated to the program.

Expanded child development home – A Child Development Home in which child care is provided by two (2) or more Caregivers for up to twelve (12) children.

Facilities Act – The Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq.).

Facility – A Child Development Facility.

Fever – A temperature of one hundred degrees Fahrenheit (100° F) or higher if taken under the arm, one hundred and one degrees Fahrenheit (101 °F) if taken orally, or one hundred and two degrees Fahrenheit (102 °F) if taken rectally. For children under the age of four (4) months, a fever is a temperature of one hundred and one degrees Fahrenheit (101°F) or higher taken by any method.

Full School Day – The entirety of the instructional hours regularly provided on a single school day.

Guardian – A person, other than the child’s parent, who has been granted legal authority over and responsibility for a child.

Group size – The number of children occupying an individual classroom or well-defined space within a larger room

IEP – Individualized Education Program.

IFSP – Individualized Family Service Plan.

Infant – An individual birth to twelve (12) months of age.

Licensed health care practitioner – A Physician, a Nurse-Practitioner (also known as an Advanced Practice Registered Nurse), or a Physician’s Assistant licensed to practice health care by the D.C. Board of Medicine or Board of Nursing, or by a comparable body in another state.

Licensee – A Child Development Facility licensed pursuant to this chapter, or the operator of such a Facility, including the Center Director or Caregiver of a Home or Expanded home.

Nanny share – An arrangement in which two or more families are splitting the services of a nanny under these circumstances: The nanny may work part-time for one family caring for the child(ren) in their own home then work part-time for the other family caring for that family’s child(ren) in their home.

Neglect – The failure to provide care, services and supervision necessary to avoid physical harm or mental anguish.

Non-ambulatory child – A child who is: (1) unable to leave a building under emergency conditions without assistance; (2) unable to walk forward or backward without assistance; (3) unable to go up or down steps without assistance; or (4) dependent upon mechanical aids such as crutches, walkers or wheelchairs.

Non-peak hours – For programs operating during traditional daytime hours, before 9:00 a.m. and after 4:00 p.m.; and for programs operating outside of traditional daytime hours, time periods as specified in writing to, and accepted by, OSSE.

OAH – The Office of Administrative Hearings.

OAH Act – Office of Administrative Hearings Establishment Act of 2002, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01 et seq.).

Office of the State Superintendent or OSSE – The office established by Section 2 of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C Official Code § 38-2601).

Out-of-school-time care – Care and other services, supervision and guidance provided to one or more children of legal school age and under the age of fifteen (15) years, who are enrolled in public, private, or charter schools, before and after normal school hours at a Child Development Facility.

Parent – A legal mother or father of a child, by blood, adoption, foster care placement, or appointment as legal guardian or custodian of that child by a court of competent jurisdiction.

Peak hours – For programs operating during traditional daytime hours, the hours between 9:00 a.m. until 4:00 p.m.; and for programs operating outside of traditional daytime hours, time periods as specified in writing to, and accepted by, OSSE.

Person – A corporation, partnership, and government as well as an individual.

Premises – Land and any structure, building or improvement, or any portion thereof, operated by a Child Development Facility licensed by OSSE to provide care and other services, supervision and guidance for children, infants, and toddlers on a regular basis. The term includes, but is not limited to, all land, structures or buildings used for educational functions and all land, structures, buildings, or other improvements used for accessory uses normally incidental to provide care and other services, supervision and guidance for children, infants, and toddlers on a regular basis, including but not restricted to indoor and outdoor areas, field houses, gymnasiums, parking lots, greenhouses, playgrounds, stadiums, and open space.

Preschool or preschooler – A child thirty-six (36) to sixty (60) months of age but younger than school age.

Pre-service training – Required training for paid employees of a Child Development Facility that shall take place prior to or within ninety (90) calendar days of providing service.

Pre-k Act – Pre-k Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code §§ 38-271.01 et seq.).

Pre-K age children – Children who are

(a) Three (3) years of age on or before September 30 of the program year for which the child is being enrolled;

(b) Four (4) years of age; or

Pre-K education service – The purposeful, well planned and developmentally appropriate practice and instruction provided by community-based organizations to pre-K age children.

Primary caregiver – An individual who operates an Expanded Child Development Home and who is in charge of the day-to-day operations of the Home.

Public Health Authorities – the official or officials of the executive branch of the government of the District of Columbia designated by the Mayor pursuant to the Immunization of School Students Act of 1979, effective September 28,1979 (D.C. Law 3-20; D.C. Official Code $ 38-501 et seq.).

Related person – Any legal guardian or any of the following relationships established by marriage, adoption, or blood to the fifth (5th) degree: parent or step-parent; grandparent; brother, sister, step-sister, or step-brother; uncle or aunt; or niece or nephew.

Safety-sensitive position - Employment in which the employee has (1) direct contact with children and youth, (2) is entrusted with the direct care or custody of children and youth; and (3) whose performance of his or her duties may affect the health, welfare, or safety of children and youth, as defined in D.C. Official Code § 1-620.31(10) .

School-age child – A child who is between five (5) years of age and eighteen (18) years of age on or before September thirty (30) of the current school year.

Special needs – Conditions or characteristics of a person that reflect a need for particular care, services or treatment, most commonly physical and/or mental disabilities and/or delays and is evidence by IFSP or IEP.

Staff or staff member – An individual who provides child care or related services directly to a child on a person-to-person basis in a Child Development Facility, whether compensated or uncompensated. “Staff” includes a Center Director, teachers, assistant teachers, caregiver, assistant care giver.

Subsidized child care – Part-time or full-time child care services, subsidized in whole or in part to eligible families pursuant to local and federal law, including but not limited to Sections 5a and 6 of the Day Care Policy Amendment Act of 1998, effective April 13, 1999 (D.C. Law 12-216; D.C. Official Code §§ 4-404.01 and 4-405), and the Child Care and Development Block Grant Act of 2014, approved November 19, 2014 (Pub. L. 113-186; 128 Stat. 1971).

Toddler – A child twelve (12) months to thirty-six (36) months of age.

Unencumbered Instructional or Play Space – Space that is free of permanent fixtures, architectural structures, equipment, bedding, and furniture that are unrelated to the program

Unusual incident – Any accident, injury, or other extraordinary event that involves a child in care, a staff member, or the operation of a Child Development Facility, including suspected child maltreatment or abuse.

Volunteer – A person rendering services to a Child Development Facility without compensation by the Facility, including a person so rendering services as part of an internship or otherwise under the auspices of an educational or training program. Volunteer does not include a chaperone providing service for a field trip, party or special event.

History

SOURCE: Final Rulemaking at 63 DCR 14640 (December 2, 2016); as amended by the Coronavirus Immunization of School Students and Early Childhood Workers Regulation Amendment Act of 2021, effective March 2, 2022 (D.C. Law 24-0085; 69 DCR 000440 (January 21, 2022)). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 199

5-A2 CHILD DEVELOPMENT FACILITIES: DISTRICT-SUBSIDIZED CHILD CARE SERVICES

5-A DCMR § 200 GENERAL PROVISIONS

GENERAL PROVISIONS

200.1 The Office of the State Superintendent of Education (“OSSE”) shall administer and enforce the requirements of the District of Columbia’s subsidized child care program which shall provide financial assistance to families with eligible children seeking access to child care while the parent(s) or guardian(s) work or attend job training or educational programs, pursuant to this chapter.

200.2 A child’s eligibility to receive subsidized child care services shall be determined in accordance with this Chapter by OSSE or an entity authorized by OSSE to conduct eligibility determinations, including the District of Columbia Department of Human Services, Level II providers, or a Shared Services Business Alliance.

History

SOURCE: Final Rulemaking published at 64 DCR 9542 (September 29, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 200

5-A DCMR § 201 ELIGIBILITY DETERMINATIONS

ELIGIBILITY DETERMINATIONS

201.1 To be eligible for subsidized child care in the District, a child shall, at the time of eligibility determination or redetermination:

Be under thirteen (13) years old, or under nineteen (19) years old if the child has special needs.

Reside with a parent(s), guardian(s), or adult with legal relationship to child;

Be a United States citizen or an alien lawfully admitted for permanent residence or otherwise lawfully and permanently residing in the United States;

Be a resident of the District of Columbia;

Meet the requirements for one of the following categories of need:

Resides with parent(s) who are working or attending a job training or education program;

Resides with parent(s) who is seeking employment or engaging in job search; or

Receives, or needs to receive, protective services or is considered a vulnerable child, as defined herein; and

Resides with a parent(s) or guardian(s) whose:

Gross annual income does not exceed two hundred fifty percent (250%) of the Federal Poverty Level (FPL) or eighty-five percent (85%) of the District of Columbia’s State Median Income (SMI) based on family size, whichever is lower; and

Family assets do not exceed one million dollars ($1,000,000).

201.2 If there is insufficient funding for the District’s subsidized child care program and OSSE establishes a waitlist because there are more applicants than available funds, OSSE shall give priority for subsidized child care services to:

Children of families with very low family income;

Children considered to be a vulnerable child; or

Any subset of the populations identified in paragraphs (a) and (b).

201.3 Once a child is determined as eligible for receiving child care subsidy assistance, the family or individual will be considered to meet all eligibility requirements for such assistance and will receive assistance for not less than twelve (12) months before a redetermination of eligibility.

201.4 A child shall remain eligible for the District of Columbia’s child care subsidy program throughout the twelve (12) month eligibility period regardless of:

(a) A change in gross annual family income, if the gross annual family income does not exceed eighty-five percent (85%) of the SMI for a family of the same size;

(b) A temporary change, as defined in this chapter, in the child’s parent(s) or guardian(s) ongoing status;

(d) Any change in residency within the District of Columbia.

201.5 A child’s eligibility for the District of Columbia’s child care subsidy program shall be redetermined during the twelve (12) month eligibility period in the following situations:

(a) Any change in residency to outside of the District of Columbia;

(b) Non-temporary change, as defined in this chapter; or

(c) A change in income, if the family’s annual income exceeds eighty-five percent (85%) of the SMI for a family of the same size.

201.6 Applicants shall notify OSSE, or its authorized designee, within ten (10) calendar days of the occurrence of any of the changes listed in Subsection 201.5.

201.7 Families who are classified as being over the income threshold at the end of the twelve (12) month eligibility period are to still be considered eligible for subsidized child care services if the gross annual family income does not exceed eighty-five percent (85%) of the current SMI.

201.8 Any family already designated as eligible for subsidized child care and receiving such services whose income reaches eighty-five percent (85%) of the current SMI shall continue to receive subsidized care for no more than three (3) months. At the end of the three (3) month period of continued assistance, if the gross annual family income is below 85% of the most current SMI, assistance cannot be terminated and the child shall continue receiving assistance until the next scheduled redetermination.

201.9 Applicants cannot be required to unduly disrupt their education, training, or employment in order to complete the eligibility redetermination process.

201.10 OSSE, or its authorized designee, may deny an application for subsidized child care services if:

(a) The applicant does not satisfy the eligibility requirements for relationship, the child’s citizenship or status within the United States, residency, need and/or income;

(b) The applicant has failed to provide all required documentation for the establishment of eligibility within thirty (30) days of the date of the application;

(d) Funds are not available for placement for a family that is not provided for in Subsection 201.2. In this case, the applicant’s name may be added to a waiting list.

201.11 When the application for subsidized care is denied, OSSE, or its authorized designee, shall issue written notice to the applicant that provides:

(a) The decision;

(b) The basis for the decision, including legal citations where appropriate; and

History

SOURCE: Final Rulemaking published at 64 DCR 9542 (September 29, 2017); as amended by Final Rulemaking published at 66 DCR 1115 (January 25, 2019); as amended by Final rulemaking published at 73 DCMR 008921 (June 26, 2026). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 201

5-A DCMR § 202 TERMINATION OF SUBSIDIZED CHILD CARE SERVICES

202.1 During a twelve (12) month eligibility period, subsidized child care services shall be terminated by the eligibility staff for any of the following circumstances:

Based on an eligibility redetermination for reasons set forth in Subsection 201.5;

The applicant is no longer a resident of the District of Columbia;

(c) The applicant has failed to complete an eligibility review, including providing the required supporting documentation, in a timely manner;

(d) The applicant has been found through investigation to have committed child care eligibility fraud; or

(e) The child has nineteen (19) or more unexcused absences in a single calendar month despite a minimum of two (2) attempts to contact the family.

202.2 Subsidized child care services may be immediately terminated by OSSE, unless a hearing request is filed, for any of the following circumstances:

The applicant is no longer a resident of the District of Columbia;

(b) Substantiated fraud or intentional program violations that invalidate prior determinations of eligibility;

(c) When a child’s family income exceeds eighty-five percent (85%) of the state median income (SMI) for more than ninety (90) calendar days;

(d) When a child turns age fourteen (14), or, if the child has a disability, when the child turns age twenty (20); or

(e) The child has nineteen (19) or more unexcused absences in a single calendar month despite a minimum of two (2) attempts to contact the family.

202.3 An applicant who has been confirmed through investigation to have committed fraud may be permanently barred from receiving subsidized child care services through the District's subsidy program. Recipient fraud includes, but is not limited to, the following:

With intent to deceive, withholding information regarding eligibility factors such as gross annual family income, number of family members, ages of family members, or the recipient's hours of employment or training;

(b) Knowingly using child care services for an ineligible child; or

202.4 All suspected cases of fraud shall be referred to OSSE immediately.

202.5 OSSE may take further action if there is a determination that fraud has occurred, such as collection from the parent(s) or guardian(s) of funds improperly spent on child care or referral to the Office of the Attorney General or the United States Attorney for possible civil or criminal action.

202.6 OSSE shall give prior written notice of the proposed termination from subsidized child care services for all instances of termination with the exception of those that require immediate termination.

202.7 Written notice of the proposed termination from subsidized child care services shall be given ninety (90) calendar days prior to the date of termination and shall include:

(a) The effective date of termination;

(b) The reason for the termination;

(d) An explanation of the parent(s) or guardian(s)’ right to appeal the decision.

202.8 If the applicant complies with all requirements within the stated time frame, the termination shall be voided prior to the date of termination.

History

SOURCE: Final Rulemaking published at 64 DCR 9542 (September 29, 2017); as amended by Final Rulemaking published at 66 DCR 1115 (January 25, 2019); as amended by Final rulemaking published at 73 DCMR 008921 (June 26, 2026). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 202

5-A DCMR § 203 RATES PAID BY DISTICT OF COLUMBIA

203.1 The District of Columbia shall pay the rates set forth in this section per day for child care services, less the parent fee as required by the parent sliding fee scale, to child development facilities that meet their respective requirements of the Quality Rating and Improvement System, when appropriate and funds are available.

203.2 Developing: The rates for child development centers, homes, and expanded homes designated as Developing, for traditional, extended day, and nontraditional hours of care, shall be as follows:

Developing - Child Development Center

Full-Time Traditional

Part-Time Traditional

Full-Time

Part-Time

Full-Time Nontraditional

Part-Time Nontraditional

Extended Day

Infant and Toddler

$77.43

$46.46

$85.17

$54.20

$96.79

$58.07

Infant and Toddler Special Needs

$108.40

$65.04

Pre-school

$53.87

$32.32

$59.26

$37.71

$67.34

$40.40

Pre-school Before and After

$53.87

$32.32

$59.26

$37.71

School-Age Before and After

$36.06

$21.64

$39.67

$25.24

$45.08

$27.05

School-Age Before or After

$36.06

$18.03

Pre-school and School-Age Special Needs

$75.42

$45.25

Developing - Child Development Home and Expanded Home

Full-Time Traditional

Part-Time Traditional

Extended Day

Full-Time Nontraditional

Part-Time Nontraditional

Full-Time

Part-Time

Infant and Toddler

$65.46

$39.28

$72.01

$45.82

$81.83

$49.10

Pre-school

$40.84

$24.51

$44.93

$28.59

$51.05

$30.63

Pre-school Before and After

$40.84

$24.51

$44.93

$28.59

School-Age Before and After

$28.00

$16.80

$30.80

$19.60

$35.00

$21.00

School-Age Before or After

$28.00

$14.00

203.3 Progressing: The rates for child development centers, homes, and expanded homes designated as Progressing, for traditional, extended day, and nontraditional hours of care, shall be as follows:

Progressing - Child Development Center

Full-Time Traditional

Part-Time Traditional

Extended Day

Full-Time Nontraditional

Part-Time Nontraditional

Full-Time

Part-Time

Infant and Toddler

$80.00

$48.00

$88.00

$56.00

$100.00

$60.00

Infant and Toddler Special Needs

$108.40

$65.04

Pre-school

$55.96

$33.58

$61.56

$39.17

$69.95

$41.97

Pre-school Before and After

$55.96

$33.58

$61.56

$39.17

School-Age Before and After

$36.06

$21.64

$39.67

$25.24

$45.08

$27.05

School-Age Before or After

$36.06

$18.03

Pre-school and School-Age Special Needs

$75.42

$45.25

Progressing - Child Development Home and Expanded Home

Full-Time Traditional

Part-Time Traditional

Extended Day

Full-Time Nontraditional

Part-Time Nontraditional

Full-Time

Part-Time

Infant and Toddler

$70.02

$42.01

$77.02

$49.01

$87.53

$52.52

Pre-school

$44.34

$26.61

$48.78

$31.04

$55.43

$33.26

Pre-school Before and After

$44.34

$26.61

$48.78

$31.04

School-Age Before and After

$28.00

$16.80

$30.80

$19.60

$35.00

$21.00

School-Age Before or After

$28.00

$14.00

203.4 Quality: The rates for child development centers, homes, and expanded homes designated as Quality, for traditional, extended day, and nontraditional hours of care, shall be as follows:

Quality - Child Development Center

Full-Time Traditional

Part-Time Traditional

Extended Day

Full-Time Nontraditional

Part-Time Nontraditional

Full-Time

Part-Time

Infant and Toddler

$88.15

$52.89

$96.97

$61.71

$110.19

$66.11

Infant and Toddler Special Needs

$114.60

$68.76

Pre-school

$62.05

$37.23

$68.26

$43.44

$77.56

$46.54

Pre-school Before and After

$62.05

$37.23

$68.26

$43.44

School-Age Before and After

$36.06

$21.64

$39.67

$25.24

$45.08

$27.05

School-Age Before or After

$36.06

$18.03

Pre-school and School-Age Special Needs

$75.42

$45.25

Quality - Child Development Home and Expanded Home

Full-Time Traditional

Part-Time Traditional

Extended Day

Full-Time Nontraditional

Part-Time Nontraditional

Full-Time

Part-Time

Infant and Toddler

$74.78

$44.87

$82.26

$52.35

$93.48

$56.09

Pre-school

$49.20

$29.52

$54.12

$34.44

$61.50

$36.90

Pre-school Before and After

$49.20

$29.52

$54.12

$34.44

School-Age Before and After

$28.00

$16.80

$30.80

$19.60

$35.00

$21.00

School-Age Before or After

$28.00

$14.00

203.5 High-Quality: The rates for child development centers, homes, and expanded homes designated as High-Quality, for traditional, extended day, and nontraditional hours of care, shall be as follows:

High Quality - Child Development Center

Full-Time Traditional

Part-Time Traditional

Extended Day

Full-Time Nontraditional

Part-Time Nontraditional

Full-Time

Part-Time

Infant and Toddler

$93.91

$56.35

$103.30

$65.74

$117.39

$70.43

Infant and Toddler Special Needs

$117.39

$70.43

Pre-school

$64.49

$38.69

$70.94

$45.14

$80.61

$48.37

Pre-school Before and After

$64.49

$38.69

$70.94

$45.14

School-Age Before and After

$36.06

$21.64

$39.67

$25.24

$45.08

$27.05

School-Age Before or After

$36.06

$18.03

Pre-school and School-Age Special Needs

$75.42

$45.25

High Quality - Child Development Home and Expanded Home

Full-Time Traditional

Part-Time Traditional

Extended Day

Full-Time Nontraditional

Part-Time Nontraditional

Full-Time

Part-Time

Infant and Toddler

$79.78

$47.87

$87.76

$55.85

$99.73

$59.84

Pre-school

$53.18

$31.91

$58.50

$37.23

$66.48

$39.89

Pre-school Before and After

$53.18

$31.91

$58.50

$37.23

$66.48

$39.89

School-Age Before and After

$28.00

$16.80

$30.80

$19.60

$35.00

$21.00

School-Age Before or After

$28.00

$14.00

203.6 Quality Improvement Network: The payment rates for infants and toddlers enrolled in a child development facility that is in the Quality Improvement Network shall be as follows:

(a) The payment rate for infants and toddlers enrolled in a child development home in the Quality Improvement Network shall be seventy-seven dollars and thirty cents ($77.30).

(b) The payment rate for infants and toddlers enrolled in a child development center in the Quality Improvement Network shall be eighty-nine dollars and twenty-five cents ($89.25).

203.7 Preliminary: Licensed child development facilities that entered the District of Columbia’s subsidized child care program for the first time after October 1, 2018, receive a Preliminary designation in Capital Quality until they have sufficient valid and reliable observation data to receive an updated rating. The rates for child development centers, homes and expanded homes designated as Preliminary, for traditional, extended day, and nontraditional hours of care, shall be as follows:

Preliminary - Child Development Center

Full-Time Traditional

Part-Time Traditional

Extended Day

Full-Time Nontraditional

Part-Time Nontraditional

Full-Time

Part-Time

Infant and Toddler

$80.00

$48.00

$88.00

$56.00

$100.00

$60.00

Infant and Toddler Special Needs

$108.40

$65.04

Pre-school

$55.96

$33.58

$61.56

$39.17

$69.95

$41.97

Pre-school Before and After

$55.96

$33.58

$61.56

$39.17

School-Age Before and After

$36.06

$21.64

$39.67

$25.24

$45.08

$27.05

School-Age Before or After

$36.06

$18.03

Pre-school and School-Age Special Needs

$75.42

$45.25

Preliminary - Child Development Home and Expanded Home

Full-Time Traditional

Part-Time Traditional

Extended Day

Full-Time Nontraditional

Part-Time Nontraditional

Full-Time

Part-Time

Infant and Toddler

$70.02

$42.01

$77.02

$49.01

$87.53

$52.52

Pre-school

$44.34

$26.61

$48.78

$31.04

$55.43

$33.26

Pre-school Before and After

$44.34

$26.61

$48.78

$31.04

School-Age Before and After

$28.00

$16.80

$30.80

$19.60

$35.00

$21.00

School-Age Before or After

$28.00

$14.00

203.8 The District of Columbia shall pay child development centers in the Level II Provider program the full amount of the payment rate pursuant to Section 203 and shall allow such centers to collect a parent co-pay, based on the sliding fee scale set forth in Subsection 204.8, if applicable.

203.9 The District of Columbia shall pay child development homes in OSSE’s Shared Services Business Alliance the full amount of the payment rate pursuant to Section 203 and shall allow such homes to collect a parent co-pay, based on the sliding fee scale set forth in Subsection 204.8, if applicable.

203.10 The District of Columbia shall pay the following rates per day for child care services to relative and in-home caregivers who meet the requirements for in-home care as described in D.C. Official Code § 4-411 when funds are available:

(a) The rates for relative caregivers for traditional, extended day, and nontraditional hours of care shall be as follows:

Relative Child Care Rates

Traditional

Extended Day

Nontraditional

Full-Time

Part-Time

Full-Time

Part-Time

Full-Time

Part-Time

Infant and Toddler

$31.43

$18.85

$34.58

$22.01

$39.30

$23.58

Pre-school

$18.63

$11.18

Pre-school Before and After

$18.63

$11.18

School-Age Before and After

$18.10

$10.86

$19.90

$12.66

$22.62

$13.57

School-Age Before or After

$18.10

$5.43

(b) The rates for in-home caregivers for traditional, extended day, and nontraditional hours of care shall be as follows:

In-Home Child Care Rates

Traditional

Extended Day

Nontraditional

Full-Time

Part-Time

Full-Time

Part-Time

Full-Time

Part-Time

Infant and Toddler

$18.43

$11.06

$20.28

$12.91

$23.05

$13.83

Pre-School

$11.31

$6.79

$12.44

$7.92

$14.14

$8.49

Pre-school Before and After

$11.31

$6.79

$12.44

$7.92

School-Age Before and After

$9.80

$5.88

$10.78

$6.86

$12.26

$7.36

School-Age Before or After

$9.80

$5.38

203.11 The District shall pay the regular rate to providers on the following holidays, regardless of whether the provider is open or closed on the holiday:

Labor Day;

Indigenous People’s Day;

Veteran’s Day;

Thanksgiving Day;

Christmas Day;

New Year’s Day;

Martin Luther King, Jr. Day;

President’s Day;

Emancipation Day;

Memorial Day;

Juneteenth;

Independence Day; and

January 20 during years when there is a presidential inauguration.

203.12 The District of Columbia shall pay a provider $75 per child to cover an initial registration fee charged to parents when enrolling a child, as follows:

The registration fee must be documented in the Parent Handbook submitted to OSSE at the beginning of the Fiscal Year; and

Fees will not be paid for children who enroll at a new site within the same multi-site provider.

203.13 For the duration of a public emergency declared by the Mayor, the District of Columbia may increase the rates set in subsections 203.2, 203.3, 203.4, 203.5, 203.6, and 203.7 through a Public Emergency Subsidy Rate.

203.14 The Public Emergency Subsidy Rate shall be determined by:

Subtracting the total subsidy payment for the month preceding the month during which the Public Emergency Subsidy Rate will take effect (as determined by the subsidy rate set forth in 5-A DCMR 203.2, 203.3, 203.4, 203.5, 203.6, and 203.7 and OSSE’s attendance-based payment policy) from the total monthly subsidy payment for the month immediately preceding the month in which the Mayor first declared a public emergency;

Dividing the difference derived in paragraph (a) of this subsection by the total monthly subsidy payment made for the month immediately preceding the month in which the Mayor first declared a public emergency;

Multiplying the quotient derived in paragraph (b) of this subsection by the daily subsidy rate set forth in 5-A DCMR 203.2, 203.3, 203.4, 203.6, and 203.7; and

Adding the product derived in paragraph (c) of this subsection to the rates set in subsections 203.2, 203.3, 203.4, 203.5, 203.6, and 203.7.

203.15 For the duration of a public emergency declared by the Mayor, OSSE shall publish and notify child development facilities of the following:

The Public Emergency Subsidy Rate, if any;

The total subsidy payment for the month preceding the month in which the Public Emergency Subsidy Rate takes effect;

The total monthly subsidy payment made for the month immediately preceding the month in which the Mayor first declared a public emergency; and

Any changes to the Public Emergency Subsidy Rate.

203.16 The Public Emergency Subsidy Rate authorized under this subsection may, if provided, be updated periodically while in effect.

203.17 Nothing in this section shall be construed as creating an entitlement to a Public Emergency Subsidy Rate.

203.18 The District of Columbia shall not pay any child development facility at a lower rate, as a result of the application of the Public Emergency Subsidy Rate, than the facility would have otherwise received under the rates set forth in subsections 203.2, 203.3, 203.4, 203.5, 203.6, and 203.7.

203.19 The Public Emergency Subsidy Rate, if provided, shall terminate either upon: (1) the unavailability of appropriated funds to support payment of the Public Emergency Subsidy Rate; or (2) no sooner than thirty (30) days following the end of a public emergency declared by the Mayor and no later than ninety (90) days after the end of a public emergency. OSSE shall publish and notify child development facilities of the termination of the Public Emergency Subsidy Rate and the reason for the termination.

History

SOURCE: Final Rulemaking published at 64 DCR 2972 (March 24, 2017); as amended by Final Rulemaking published at 64 DCR 9542 (September 29, 2017); as amended by Final Rulemaking published at 66 DCR 1115 (January 25, 2019); as amended by Final Rulemaking published at 68 DCR 4252 (April 23, 2021); as amended by Final Rulemaking published at 69 DCR 000470 (January 21, 2022); as amended by Final Rulemaking published at 69 DCR 012822 (October 21, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 203

5-A DCMR § 204 SCHEDULE OF PAYMENTS BY FAMILIES

204.1 Parent(s) or guardian(s) shall pay a co-payment toward the cost of child care services, based on the sliding fee scale set forth in Subsection 204.8, unless exempt from co-payment.

204.2 The following parent(s) and guardian(s) shall be exempt from co-payment:

Parents and guardians who are:

Temporary Assistance to Needy Families (“TANF”) recipients;

TANF payees;

Parent(s) or guardian(s) with a disability;

Unemployed parent(s) or guardian(s) engaged in job search;

Teen parent(s);

Elder caregivers;

SNAP Employment and Training participants;

In addiction recovery programs; and

Working parent(s) or guardian(s) with incomes below one hundred fifty percent (150%) of the FPL; and

(b) Parents and guardians of:

Children under protective services;

Children in foster care;

Children experiencing homelessness;

Children with disabilities;

Children enrolled in Head Start, Early Head Start, or the Quality Improvement Network (QIN); and

Children in families experiencing domestic/family violence.

204.3 A family with a gross annual family income greater than one hundred percent (100%) but less than or equal to two hundred fifty percent (250%) of the FPL shall be required to pay the co-payment amount(s) set forth in Subsection 204.8.

204.4 The co-payment requirements in this chapter shall apply only to the two (2) youngest children in a family.

204.5 There shall be no co-payment requirement for a third child or any additional children of a family.

204.6 Parents shall be responsible for paying co-payments directly to the authorized child care provider, including a child development facility, relative care, in-home care provider, or authorized designee such as a shared service business alliance.

204.7 A child care provider shall not require parents to pay additional mandatory fees to the authorized child care provider beyond the established co-payment, set forth in Subsection 204.8.

204.8 The following schedule of co-payments shall apply to services provided by a child development facility or relative or in-home caregiver providing child care services subsidized by the District of Columbia:

SLIDING FEE SCALE — FISCAL YEAR 2025

% of Federal Poverty Guideline

Annual Income by Family Size

Daily Co-Pay

(by Number of Children in Care and Full-Time/Part-Time Status)

Full-Time

Part-Time

First

Second

First

Second

0-50%

$7,530

$10,220

$12,910

$15,600

$18,290

$ —

51-60%

$9,036

$12,264

$15,492

$18,720

$21,948

$ —

61-70%

$10,542

$14,308

$18,074

$21,840

$25,606

$ —

71-80%

$12,048

$16,352

$20,656

$24,960

$29,264

$ —

81-90%

$13,554

$18,396

$23,238

$28,080

$32,922

$ —

91-100%

$15,060

$20,440

$25,820

$31,200

$36,580

$ —

101-110%

$16,566

$22,484

$28,402

$34,320

$40,238

$ —

111-120%

$18,072

$24,528

$30,984

$37,440

$43,896

$ —

121-130%

$19,578

$26,572

$33,566

$40,560

$47,554

$ —

131-140%

$21,084

$28,616

$36,148

$43,680

$51,212

$ —

141-150%

$22,590

$30,660

$38,730

$46,800

$54,870

$ —

151-160%

$24,096

$32,704

$41,312

$49,920

$58,528

$1.85

$1.92

$0.93

$0.96

161-170%

$25,602

$34,748

$43,894

$53,040

$62,186

$1.97

$2.04

$0.98

$1.02

171-180%

$27,108

$36,792

$46,476

$56,160

$65,844

$3.13

$1.12

$1.56

$0.56

181-190%

$28,614

$38,836

$49,058

$59,280

$69,502

$3.30

$1.18

$1.65

$0.59

191-200%

$30,120

$40,880

$51,640

$62,400

$73,160

$3.48

$1.24

$1.74

$0.62

201-210%

$31,626

$42,924

$54,222

$65,520

$76,818

$4.87

$1.74

$2.43

$0.87

211-220%

$33,132

$44,968

$56,804

$68,640

$80,476

$5.10

$1.82

$2.55

$0.91

221-230%

$34,638

$47,012

$59,386

$71,760

$84,134

$5.33

$1.90

$2.66

$0.95

231-240%

$36,144

$49,056

$61,968

$74,880

$87,792

$6.95

$0.60

$3.48

$0.30

241-250%

$37,650

$51,100

$64,550

$78,000

$91,450

$7.24

$2.59

$3.62

$1.29

251-260%

$39,156

$53,144

$67,132

$81,120

$95,108

$7.53

$2.69

$3.77

$1.35

261-270%

$40,662

$55,188

$69,714

$84,240

$98,766

$7.82

$2.79

$3.91

$1.40

271-280%

$42,168

$57,232

$72,296

$87,360

$102,424

$9.73

$3.48

$4.87

$1.74

281-290%

$43,674

$59,276

$74,878

$90,480

$106,082

$10.08

$3.60

$5.04

$1.80

291-300%

$45,180

$61,320

$77,460

$93,600

$109,740

$10.43

$3.72

$5.21

$1.86

301-310%

$46,686

$63,364

$80,042

$96,720

$113,398

$12.57

$4.49

$6.28

$2.25

311-320%

$48,192

$65,408

$82,624

$99,840

$117,056

$12.97

$4.64

$6.49

$2.32

321-330%

$49,698

$67,452

$85,206

$102,960

$120,714

$13.38

$4.78

$6.69

$2.39

331-340%

$51,204

$69,496

$87,788

$106,080

$124,372

$13.79

$4.92

$6.89

$2.46

341-350%

$52,710

$71,540

$90,370

$109,200

$128,030

$14.19

$5.07

$7.10

$2.53

351-360%

$54,216

$73,584

$92,952

$112,320

$131,688

$14.60

$5.21

$7.30

$2.61

361-370%

$55,722

$75,628

$95,534

$115,440

$135,346

$15.00

$5.36

$7.50

$2.68

371-380%

$57,228

$77,672

$98,116

$118,560

$139,004

$15.41

$5.50

$7.70

$2.75

381-390%

$58,734

$79,716

$100,698

$121,680

$142,662

$15.81

$5.65

$7.91

$2.82

391-400%

$60,240

$81,760

$103,280

$124,800

$146,320

$16.22

$5.79

$8.11

$2.90

401-410%

$61,746

$83,804

$105,862

$127,920

$149,978

$16.62

$5.94

$8.31

$2.97

411-420%

$63,252

$85,848

$108,444

$131,040

$153,636

$17.03

$6.08

$8.51

$3.04

421-430%

$64,758

$87,892

$111,026

$134,160

$157,294

$17.43

$6.23

$8.72

$3.11

431-440%

$66,264

$89,936

$113,608

n/a

$17.84

$6.37

$8.92

$3.19

441-450%

$67,770

$91,980

n/a

$18.25

$6.52

$9.12

$3.26

451-460%

$69,276

n/a

$18.65

$6.66

$9.33

$3.33

Notes:

Initial eligibility is 300% of the Federal Poverty Guidelines (FPG) and redetermination eligibility is up to 85% of the State Median Income (SMI).

A dash (—) in a co-pay cell means no co-pay is required.

A designation of “n/a” in an income cell means that a household of the indicated size and income level is ineligible for the subsidy.

SLIDING FEE SCALE — FISCAL YEAR 2025 (cont’d)

% of Federal Poverty Guideline

Annual Income by Family Size

Daily Co-Pay

(by Number of Children in Care and Full-Time/Part-Time Status)

Full-Time

Part-Time

First

Second

First

Second

0-50%

$20,980

$23,670

$26,360

$29,050

$31,740

$ —

51-60%

$25,176

$28,404

$31,632

$34,860

$38,088

$ —

61-70%

$29,372

$33,138

$36,904

$40,670

$44,436

$ —

71-80%

$33,568

$37,872

$42,176

$46,480

$50,784

$ —

81-90%

$37,764

$42,606

$47,448

$52,290

$57,132

$ —

91-100%

$41,960

$47,340

$52,720

$58,100

$63,480

$ —

101-110%

$46,156

$52,074

$57,992

$63,910

$69,828

$ —

111-120%

$50,352

$56,808

$63,264

$69,720

$76,176

$ —

121-130%

$54,548

$61,542

$68,536

$75,530

$82,524

$ —

131-140%

$58,744

$66,276

$73,808

$81,340

$88,872

$ —

141-150%

$62,940

$71,010

$79,080

$87,150

$95,220

$ —

151-160%

$67,136

$75,744

$84,352

$92,960

$101,568

$1.85

$1.92

$0.93

$0.96

161-170%

$71,332

$80,478

$89,624

$98,770

$107,916

$1.97

$2.04

$0.98

$1.02

171-180%

$75,528

$85,212

$94,896

$104,580

$114,264

$3.13

$1.12

$1.56

$0.56

181-190%

$79,724

$89,946

$100,168

$110,390

$120,612

$3.30

$1.18

$1.65

$0.59

191-200%

$83,920

$94,680

$105,440

$116,200

$126,960

$3.48

$1.24

$1.74

$0.62

201-210%

$88,116

$99,414

$110,712

$122,010

$133,308

$4.87

$1.74

$2.43

$0.87

211-220%

$92,312

$104,148

$115,984

$127,820

$139,656

$5.10

$1.82

$2.55

$0.91

221-230%

$96,508

$108,882

$121,256

$133,630

$146,004

$5.33

$1.90

$2.66

$0.95

231-240%

$100,704

$113,616

$126,528

$139,440

$152,352

$6.95

$0.60

$3.48

$0.30

241-250%

$104,900

$118,350

$131,800

$145,250

$158,700

$7.24

$2.59

$3.62

$1.29

251-260%

$109,096

$123,084

$137,072

$151,060

$165,048

$7.53

$2.69

$3.77

$1.35

261-270%

$113,292

$127,818

$142,344

$156,870

$171,396

$7.82

$2.79

$3.91

$1.40

271-280%

$117,488

$132,552

$147,616

$162,680

$177,744

$9.73

$3.48

$4.87

$1.74

281-290%

$121,684

$137,286

$152,888

$168,490

$184,092

$10.08

$3.60

$5.04

$1.80

291-300%

$125,880

$142,020

$158,160

$174,300

$190,440

$10.43

$3.72

$5.21

$1.86

301-310%

$130,076

$146,754

$163,432

$180,110

n/a

$12.57

$4.49

$6.28

$2.25

311-320%

$134,272

$151,488

$168,704

$185,920

n/a

$12.97

$4.64

$6.49

$2.32

321-330%

$138,468

$156,222

$173,976

n/a

$13.38

$4.78

$6.69

$2.39

331-340%

$142,664

$160,956

$179,248

n/a

$13.79

$4.92

$6.89

$2.46

341-350%

$146,860

$165,690

$184,520

n/a

$14.19

$5.07

$7.10

$2.53

351-360%

$151,056

$170,424

n/a

$14.60

$5.21

$7.30

$2.61

361-370%

$155,252

$175,158

n/a

$15.00

$5.36

$7.50

$2.68

371-380%

$159,448

$179,892

n/a

$15.41

$5.50

$7.70

$2.75

381-390%

$163,644

n/a

$15.81

$5.65

$7.91

$2.82

391-400%

$167,840

n/a

$16.22

$5.79

$8.11

$2.90

401-410%

$172,036

n/a

$16.62

$5.94

$8.31

$2.97

411-420%

$176,232

n/a

$17.03

$6.08

$8.51

$3.04

Notes:

Initial eligibility is 300% of the Federal Poverty Guidelines (FPG) and redetermination eligibility is up to 85% of the State Median Income (SMI).

A dash (—) in a co-pay cell means no co-pay is required.

A designation of “n/a” in an income cell means that a household of the indicated size and income level is ineligible for the subsidy.

204.9 The schedule of co-payments may be revised periodically.

204.10 Co-payment may not be increased during a twelve (12) month eligibility period but may be decreased if any one of the following occurs:

(a) Change in qualifying activity;

(b) Decrease in income; or

History

SOURCE: Final Rulemaking published at 64 DCR 2972 (March 24, 2017); as amended by Final Rulemaking published at 64 DCR 9542 (September 29, 2017); as amended by Final Rulemaking published at 66 DCR 1115 (January 25, 2019); as amended by Final Rulemaking published at 69 DCR 000470 (January 21, 2022); as amended by Final Rulemaking published at 71 DCR 012892 (October 25, 2024); as amended by Final rulemaking published at 73 DCMR 008921 (June 26, 2026). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 204

5-A DCMR § 205 APPEAL OF ADVERSE ACTION

205.1 Every applicant has the right to appeal a decision made by OSSE or an authorized entity as a result of any of the following adverse actions:

(a) Denial of application for subsidized child care services;

(b) Termination of services; or

205.2 OSSE or authorized entity shall inform the applicant of his or her right to appeal any decision by requesting an administrative hearing. The notice shall include the following information:

(a) The process for requesting an administrative hearing and where the appeal must be submitted;

(b) The requirement that the appeal be in writing and received within fifteen (15) calendar days of the adverse decision;

(c) The availability of the eligibility staff to assist any applicant who states orally or in writing that he or she wants to appeal a decision, in writing the appeal, and that even if such help is provided, the applicant must review, approve, and sign the appeal request;

(d) The fact that if the case is in the application stage, no services will be provided unless and until an appeal decision to the contrary is issued;

(e) The fact that if an appeal of a decision to terminate services or increase a copayment is filed timely, subsidized child care will continue to be provided unless and until a decision to the contrary is issued;

(f) How a hearing will be scheduled by the Office of Administrative Hearings;

(g) The possibility of the need for additional documentation to be provided to the Hearing Officer;

(h) The appeal process is expected to be complete within sixty (60) days after the date of receipt of the request for an administrative hearing; and

(i) The decision of the Hearing Officer will be provided in writing to all parties.

History

SOURCE: Final Rulemaking published at 64 DCR 9542 (September 29, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 205

5-A DCMR § 299 DEFINITIONS

299.1 For the purposes of this section, the following terms shall have the meaning ascribed:

Applicant - The parent(s) or guardian(s) who makes initial application for subsidized child care.

Child - an individual who is less than thirteen (13) years of age, or under nineteen (19) years of age with special needs.

Child Experiencing Homelessness -- A child who lacks a fixed, regular, and adequate nighttime residence and includes children and youths:

Sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason;

Living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations;

Living in emergency or transitional shelters (including DC transitional housing); are abandoned in hospitals; or are awaiting foster care placement;

In a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;

Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings;

Migratory children, as defined in section 1309 of the Elementary and Secondary Education Act of 1965 (20 USCS § 6399), who qualify as homeless because they live in circumstances described above; and

Unaccompanied youth, including youths who are not in physical custody of a parent or guardian, who qualify as homeless because they live in circumstances described above.

Elder caregiver – a legal guardian, other than a parent, or individual standing in loco parentis or who has responsibility for the day-to-day care and supervision of a child and is age sixty-two (62) or older or receives Social Security disability benefits or Supplemental Security Income payments.

Extended day full time – more than eleven (11) hours where at least one (1) hour of care is in the morning before 7:00 a.m. or in the afternoon after 6:00 p.m. and the majority of hours are between 7:00 a.m. and 6:00 p.m., Monday through Friday. If more than fourteen (14) hours of service are provided, an additional service will be authorized.

Extended day part time - less than six (6) hours where at least one hour of care is in the morning before 7:00 a.m. or in the afternoon after 6:00 p.m. and the majority of hours are between 7:00 a.m. and 6:00 p.m., Monday through Friday.

Family - a unit consisting of one or more adults and children related by blood, marriage, adoption, or legal guardianship who reside in the same household.

Federal poverty guidelines - means the most current federal “Poverty Guidelines for the forty-eight (48) Contiguous States and the District of Columbia”, as published in the Federal Register.

Fraud – Any action by any person who obtains or attempts to obtain, or aids or abets any person, who pursuant to a scheme to deceive, knowingly falsifies, conceals or otherwise fails to disclose, covers up a material fact, or makes or uses any false statement or document to obtain a benefit or payment described in this chapter to which the applicant or provider would otherwise not be entitled. A failure to disclose a material fact that results in obtaining or continuing to receive child care subsidy funds or services for which the parent or provider is not entitled.

Full time traditional - six (6) to eleven (11) hours between 7:00 a.m. and 6:00 p.m., Monday through Friday.

Gross countable income - The portion of the annual gross family income of the family all family members living in the same household who are included for purposes of determining family size that includes:

(a) Gross salaries or wages of one or both parent(s) or guardian(s), including regularly received commissions, tips, and overtime;

(b) Net income from self-employment (business expenses shall be deducted from gross receipts);

(d) Income of children receiving subsidized care such as child support or Social Security Income;

(e) Unemployment Compensation;

(f) Workers Compensation;

(g) Alimony; and

The portion of an educational grant that is specifically designated for living expenses.

Hearing officer – An Office of Administrative Hearings administrative law judge.

Income – the combined gross countable income of all family members living in the same household who are included for purposes of determining family size. Used to determine income eligibility and co-payments.

Infant and Toddler - a child birth to thirty-six (36) months of age.

Level II Providers – child development facility authorized to conduct initial eligibility determinations and re-determinations for families seeking child care subsidy under specified eligibility categories.

Non-temporary change - Any cessation of work or attendance at a training or education program that exceeds 90 calendar days.

Nontraditional full time - six (6) to eleven (11) hours between 6:00 p.m. and 7:00 a.m., Monday through Friday; or six (6) to eleven (11) hours on Saturday or Sunday, regardless of the time of day. If more than eleven (11) hours of service are provided, an additional service will be authorized.

Nontraditional part-time - less than six (6) hours between 6:00 p.m. and 7:00 a.m., Monday through Friday; or less than six (6) hours on Saturday or Sunday, regardless of the time of day.

Part-time traditional - less than six (6) hours of care, Monday through Friday.

Preschool - a child thirty-six (36) months of age or older, but less than five (5) years of age on or before September 30th of that year.

Preschool traditional full time - six (6) eleven (11) hours between 7:00 a.m., Monday through Friday, for three (3) and four (4) year-olds who are not in the public or private pre-Kindergarten programs.

Preschool traditional part-time - less than (6) hours of care between 7:00 a.m. and 6:00 p.m., Monday through Friday, for three (3) and four (4) year-olds who are not in the public or private pre-Kindergarten programs.

Preschool before and after traditional full time - service for the three (3) and four (4) year-olds in public or private pre-Kindergarten programs, Monday through Friday, during school holidays.

Preschool before and after traditional part time - before and after service for the three (3) and four year-olds in public or private pre-Kindergarten programs, Monday through Friday.

Provider - A licensed child development center, a licensed family child care home or expanded home, or a person approved as an in-home or relative caregiver.

Qualifying Activity - A qualifying activity shall include:

(a) Employment (including through an agency or self-employed);

(b) Job Search;

(d) Work Experience Program;

(e) Job Corps;

(f) Teen or young adult parent in high school or G.E.D. Program

(g) Student in Undergraduate Program; or

(h) Summer School Program (including undergraduate program).

Recipient - An individual child who is determined eligible for and receives subsidized child care.

Resident or Residence – In absence of the contrary, residence of a child shall be presumed to be the residency of the child’s parent(s) or guardian(s). The residence of a parent(s) or guardian(s) is where the person(s) has established a physical presence, the actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time.

School-age child – a child five (5) years of age on or before September 30th of that year through the age of twelve (12) or through the age of nineteen (19) if the child has special needs.

School age before and/or after traditional full time - six (6) to eleven (11) hours between 7:00 a.m. and 6:00 p.m., Monday through Friday, for school age children when the child is not in school during school holidays.

School age before and after traditional part time - before and after school-age children, Monday through Friday.

School age before or after traditional part time - before or after school services for school-age children, Monday through Friday.

Shared Services Business Alliance – An entity authorized by OSSE to conduct eligibility determinations, collect payments, and provide centralized back office supports for a network of licensed child development facilities in the District of Columbia.

Special needs -- Conditions or characteristics of a child under the age of nineteen (19) that reflect a need for particular care, services or treatment, most commonly physical and/or mental disabilities and/or delays and is evidence by IFSP or IEP.

Subsidized Child Care -- Child care provided in a licensed child development facility, a relative child care home, or in a child’s home for fewer than twenty-four (24) consecutive hours a day for which the government provides reimbursement to the provider.

Teen or Young Adult Parent - A parent under the age of twenty-six (26) years old.

Temporary Change - A temporary change shall include any of the following:

Any time limited absence from work for employed parent or guardian due to reasons such as need to care for a family member or an illness;

Any interruption in work for a seasonal worker who is not working between regular industry work seasons;

Any student holiday or break for a parent or guardian participating in training or education;

Any reduction in work, training or education hours to less than twenty hours per week, as long as the parent or guardian is still working or attending training or education;

Any other cessation of work or attendance at a training or education program that does not exceed ninety (90) calendar days;

Any change in age, including turning thirteen (13) years old during the eligibility period; and

(g) Any change in residency within the District of Columbia.

Vulnerable child – For the purposes of eligibility:

A child with documented special needs;

A child experiencing homelessness;

A child in foster care;

A child under protective services;

A child of elder caregivers;

A child of a parent(s) with a disability;

A child of teen parents;

A child enrolled in Head Start, Early Head Start, or the Quality Improvement Network;

A child in a family experiencing domestic/family violence; or

A child with parents participating in addiction recovery programs.

History

SOURCE: Final Rulemaking published at 64 DCR 2972 (March 24, 2017); as amended by Final Rulemaking published at 64 DCR 9542 (September 29, 2017); as amended by Final Rulemaking published at 66 DCR 1115 (January 25, 2019); as amended by Final rulemaking published at 73 DCMR 008921 (June 26, 2026). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 299

5-A10 HEALTHY TOTS

5-A DCMR § 1000 GENERAL PROVISIONS

1000.1 This chapter is promulgated pursuant to Sections 4073 and 4074 of the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-282 and 38-283) (“the Act”).

1000.2 The purpose of this chapter is to implement the requirements of the Act, as amended.

1000.3 All child development facilities must participate in the Child and Adult Care Food Program (CACFP) authorized by Section 17 of the National School Lunch Act, approved October 7, 1975 (89 Stat. 522; 42 U.S.C. § 1766) and comply with the rules issued pursuant to this chapter if fifty-percent (50%) or more of the enrolled children are eligible for subsidized child care unless the child development facility is exempted from participation through a waiver from the Office of the State Superintendent of Education (OSSE).

1000.4 An eligible child is child who is a District resident who occupies a slot funded in whole or in part by the subsidized child care, authorized by section 3 of the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code § 4-402), the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective March 26, 1999 (D.C. Law 12-207; D.C. Official Code §§ 38-2901 et seq.), or the District of Columbia Public Schools' Head Start program.

1000.5 A child development facility may be eligible for a waiver exempting the facility from participation in the CACFP if the facility demonstrates to OSSE that participation in the CACFP constitutes a hardship or proves the facility is exempt under Subsection 1000.10 of this chapter.

1000.6 OSSE shall accept applications for a waiver exempting a child development facility from participating in CACFP on an annual basis.

1000.7 OSSE shall determine whether good cause exists to grant the child development facility a waiver from participating in the CACFP based on the facility’s application and any other information available to OSSE. If OSSE grants a waiver, OSSE shall provide written notice to the facility that it is excused from participating in the CACFP for the one (1) year following the date of the notice.

1000.8 Applications for waiver exempting a child development facility from participating in CACFP shall be in a format and shall contain the information designated by OSSE.

1000.9 To the extent possible, OSSE shall work with a child development facility granted a waiver to address barriers to participating in the CACFP.

1000.10 A child development facility shall be exempt from participation in the CACFP through a waiver from OSSE if:

(a) OSSE has denied a facility’s initial application to participate in CACFP or a facility’s subsequent application to renew participation in the CACFP because the application does not meet all of the requirements in 7 C.F.R. Part 226; or

(b) The facility’s CACFP agreement is terminated and deemed disqualified, the responsible individual(s) are disqualified, and the facility and/or individual(s) have been placed on the National Disqualified List pursuant to 7 C.F.R. §§ 226.6(c) et seq.

History

SOURCE: Final Rulemaking at 63 DCR 883 (January 22, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1000

5-A DCMR § 1001 ADDITIONAL LOCAL MONTHLY REIMBURSEMENT FUNDING AND MEAL REQUIREMENTS

1001.1 This section establishes rules for additional funding from the Healthy Tots Fund established by the Act for meals served by child development facilities participating in the CACFP.

1001.2 In order to be eligible for reimbursement from the Healthy Tots Fund, a meal (breakfast, lunch, or supper) must meet the regulatory requirements of the United States Department of Agriculture (USDA) CACFP (7 C.F.R. § 226.20). Each child development facility participating in the CACFP may request an additional ten cents ($0.10) for each eligible breakfast, lunch and supper served to an eligible child.

1001.3 No additional funding from the Health Tots Fund is available for snacks served by a child development facility that meet the CACFP meal requirements.

1001.4 Each child development facility participating in the CACFP that serves a lunch or supper which is eligible for reimbursement, may request an additional five cents ($0.05) per lunch or supper when at least one component of the meal is comprised entirely of locally grown, as defined in Section 101(3) of the Healthy Schools Act of 2010 (D.C. Official Code § 38–821.01) and unprocessed foods, as defined in Section 101(10) of the Healthy Schools Act of 2010 (D.C. Official Code § 38–821.01).

1001.5 Locally grown and unprocessed foods do not include milk.

1001.6 Each child care development facility must maintain documentation of locally grown and unprocessed foods. As a means of documentation, each facility shall indicate on the daily menus for each meal type, which food item served was locally grown. In addition, each facility shall maintain receipts from farms and/or grocery stores indicating which are local food items, the date of purchase. and if available the name and address of the farm(s) and/or grocery stores. Each facility may be required to submit this documentation to OSSE each quarter, or as requested, to monitor compliance with this provision.

1001.7 For those child development facilities that have maximized the number of daily meal services eligible for CACFP reimbursements allowed (two (2) meals and one (1) snack or one (1) meal and two (2) snacks), reimbursements from the Healthy Tots Fund shall be made available for each breakfast served to each enrolled and participating child, if seventy-five percent (75%) of the children enrolled and attending the child development facility are District of Columbia residents and at least fifty percent (50%) of the enrolled and attending children are eligible for subsidized child care.

1001.8 The amount of the local funding for the breakfast meal, in accordance with the Act, shall be equal to the per meal free rate as established under the federal CACFP rate of reimbursement pursuant to 7 C.F.R. § 226, as amended.

1001.9 The breakfast meal shall meet the CACFP meal requirements.

1001.10 Child development facilities requesting reimbursement for the breakfast meal shall submit a monthly report documenting the residency and eligibility of the child receiving that meal.

1001.11 Each child development facility participating in CACFP shall plan and post monthly menus for all foods served, including snacks, and shall update the menus daily to indicate the modification or substitutions to the menus to reflect food actually served. The menus shall be posted in a prominent place where parents/guardians are able to view them. In addition, all menus shall be posted on the website of the child development facility, if one exists. The facility shall maintain the menus for the current fiscal year and three years after the date of the submission of the final claim for the fiscal year to which the menu pertains.

1001.12 Each child development facility seeking reimbursement pursuant to this chapter shall make meals available at no charge to any enrolled and attending infant, toddler or preschooler.

1001.13 OSSE may deny monthly reimbursement requests from a child development facility that does not meet all the requirements of 7 C.F.R. Part 226 and this chapter.

History

SOURCE: Final Rulemaking at 63 DCR 883 (January 22, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1001

5-A DCMR § 1002 MONITORING AND TECHNICAL ASSISTANCE

1002.1 OSSE may provide technical assistance and monitor the progress of a child development facility receiving reimbursements under this chapter to ensure if the facility is complying with this chapter.

1002.2 Each child development facility, or its sponsoring organization, as defined in 7 C.F.R. § 226.2, if applicable, seeking reimbursement pursuant to this chapter shall, as part of its recordkeeping procedures, identify, document and maintain records of expenditures for meals for the current year and three (3) years after the date of submission of the final claim for the fiscal year to which it pertains.

1002.3 OSSE shall provide periodic training (as determined by OSSE) to child development facilities participating or desiring to participate in CACFP to support and adhere to the requirements of this chapter and the CACFP.

History

SOURCE: Final Rulemaking at 63 DCR 883 (January 22, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1002

5-A DCMR § 1099 DEFINITIONS

When used in this chapter, the following terms shall have the meaning ascribed:

“Child and Adult Care Food Program” or “CACFP”-- The program authorized by Section 17 of the National School Lunch Act, approved October 7, 1975 (89 Stat. 522; 42 U.S.C. § 1766).

“Child development facility” --- A licensed community-based center, home, or other structure, regardless of its name, that provides care, supervision, guidance, and other services for infants, toddlers, and preschoolers on a regular basis. The term "child development facility" does not include a child development center or program that is sponsored or run by a public or private school.

“Infant” --- A child younger than twelve (12) months of age.

“OSSE” --- The Office of the State Superintendent of Education, established by Section 2 of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C Official Code § 38-2601).

“Preschool” or “preschooler” ----A child twenty- four (24) months of age or older but younger than compulsory school attendance age, who is not enrolled in a public, charter, or private school.

“Subsidized child care” --- Part-time or full-time child care services, subsidized in whole or in part to eligible families pursuant to local and federal law, including but not limited to Sections 5a and 6 of the Day Care Policy Amendment Act of 1998, effective April 13, 1999 (D.C. Law 12-216; D.C. Official Code §§ 4-404.01 and 4-405), Title 29 DCMR § 380 (“Direct-Subsidized Child Care Services”), and the Child Care and Development Block Grant Act of 2014, approved November 19, 2014 (Pub. L 113-186, 128 Stat. 1971).

“Toddler” ---A child between twelve (12 ) months of age and twenty-four (24) months of age.

History

SOURCE: Final Rulemaking at 63 DCR 883 (January 22, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1099

5-A11 ACCESS TO EMERGENCY EPINEPHRINE IN SCHOOLS

5-A DCMR § 1100 GENERAL PROVISIONS AND APPLICABILITY

GENERAL PROVISIONS AND APPLICABILITY

The purpose of this chapter is to authorize employees or agents of public schools to administer designated and undesignated epinephrine auto-injectors and to establish the standards and procedures for the use, storage, and oversight of undesignated epinephrine auto-injectors.

The provisions of this chapter shall not apply to a public school that provides education services only to adult students; except, the provisions of this chapter shall apply to public schools that provide only special education services for adult students.

The Office of the State Superintendent of Education (“OSSE”) shall administer and enforce this chapter.

History

SOURCE: Final Rulemaking published at 64 DCR 2247 (February 24, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1100

5-A DCMR § 1101 CERTIFIED USERS OF EPINEPHRINE AUTO-INJECTORS; TRAINING

CERTIFIED USERS OF EPINEPHRINE AUTO-INJECTORS; TRAINING

Each public school shall have at least two (2) employees or agents of the public school certified in the use of both a designated and an undesignated epinephrine auto-injector available to administer epinephrine at all times throughout the instructional day. Such employees or agents shall not include a licensed health practitioner assigned to the public school by the Department of Health.

In order to be certified, an employee or agent shall:

(a) Be trained in the following areas:

The storage of undesignated epinephrine auto-injectors;

The proper administration of designated or undesignated epinephrine auto-injectors in emergency circumstances; and

How to determine whether a public school student is suffering from an anaphylactic reaction; and

(b) Complete an epinephrine auto-injector administration training program that is developed and provided by OSSE or an epinephrine administration training that is approved by OSSE.

Certification to administer a designated or undesignated epinephrine auto-injector shall expire one (1) year after the date the certification is issued.

History

SOURCE: Final Rulemaking published at 64 DCR 2247 (February 24, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1101

5-A DCMR § 1102 ADMINISTRATION OF DESIGNATED OR UNDESIGNATED EPINEPHRINE AUTO-INJECTORS

ADMINISTRATION OF DESIGNATED OR UNDESIGNATED EPINEPHRINE AUTO-INJECTORS

In emergency circumstances, a certified employee or agent of a public school may administer epinephrine via an undesignated epinephrine auto-injector to a public school student or a designated epinephrine auto-injector to the student to whom it is prescribed if:

(a) The certified employee or agent believes, in good faith, that the student is suffering from or about to suffer from an anaphylactic reaction; and

(b) The student is on the public school premises, on a school bus, or on a field trip or other sanctioned excursion away from the public school premises.

After the administration of epinephrine via a designated or undesignated epinephrine auto-injector to a public school student pursuant to this chapter, the public school shall comply with the following requirements:

The student shall be immediately transported by emergency medical services to a hospital emergency department for medical evaluation;

The principal, or designee, of the public school shall, as soon as practicable, notify the student’s emergency contact;

The certified employee or agent of the public school who administered the epinephrine auto-injector shall document the details of the incident; and

The principal of the public school, or the principal’s designee, shall, within twenty-four (24) hours after the administration of an undesignated epinephrine auto-injector, notify OSSE and the physician, physician assistant, or advanced practice nurse who provided the standing order permitting the use of the undesignated epinephrine auto-injector of its use.

History

SOURCE: Final Rulemaking published at 64 DCR 2247 (February 24, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1102

5-A DCMR § 1103 ACCESS AND ACQUISITION OF UNDESIGNATED EPINEPHRINE AUTO-INJECTORS

ACCESS AND ACQUISITION OF UNDESIGNATED EPINEPHRINE AUTO-INJECTORS

A public school shall stock, at all times, a minimum of two (2) pediatric dose and two (2) adult dose undesignated epinephrine auto-injectors on the public school premise.

A public school shall obtain undesignated epinephrine auto-injectors for use in emergency circumstances from OSSE or OSSE’s authorized designee.

A public school shall request additional undesignated epinephrine auto-injectors from OSSE in the following circumstances:

An undesignated epinephrine auto-injector has been used;

An undesignated epinephrine auto-injector is within two (2) months of expiration;

An undesignated epinephrine auto-injector is discolored;

An undesignated epinephrine auto-injector has visible particles; or

The school is on notice that an undesignated epinephrine auto-injector is stolen or missing.

Beyond what is provided for in Subsection 1103.1, a public school may request additional undesignated epinephrine auto-injectors from OSSE but the public school shall be responsible for the cost of any additional undesignated epinephrine auto-injectors.

The public school shall be responsible for the cost of replacing a stolen or missing undesignated epinephrine auto-injector.

History

SOURCE: Final Rulemaking published at 64 DCR 2247 (February 24, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1103

5-A DCMR § 1104 STORAGE, AND MAINTENANCE OF UNDESIGNATED EPINEPHRINE AUTO-INJECTORS

STORAGE, AND MAINTENANCE OF UNDESIGNATED EPINEPHRINE AUTO-INJECTORS

A public school shall store undesignated epinephrine auto-injectors in a secure, but easily accessible location(s) on the public school premises that is dark and maintained at room temperature or in accordance with the manufacturer label of the stock epinephrine auto-injector, which may include administrative offices, clinical space, or instructional space.

A certified employee or agent of a public school may carry an appropriate supply of the public school’s undesignated epinephrine auto-injectors during a field trip or sanctioned excursion away from public school property.

A public school shall designate at least one (1) certified employee or agent of the public school as responsible for properly storing, destroying, and maintaining the undesignated epinephrine auto-injectors.

A designated certified employee or agent of a public school shall routinely check the stock of undesignated epinephrine auto-injectors throughout the school year and maintain in a monthly log, in a format and manner as determined by OSSE, the following information:

The date the undesignated epinephrine auto-injector was received from OSSE or OSSE’s authorized designee;

The expiration date of the undesignated epinephrine auto-injector;

Where the undesignated epinephrine auto-injector is stored on the public school premises;

Any visualized particles or color change in the solution;

The date and manner of disposition of each undesignated epinephrine auto-injector, if applicable;

The date an undesignated epinephrine auto-injector was used, if applicable; and

The date a replacement undesignated epinephrine auto-injector was requested of OSSE or OSSE’s authorized designee.

A public school shall retain each monthly log record for each undesignated epinephrine auto-injector acquired pursuant to this chapter for three (3) years.

History

SOURCE: Final Rulemaking published at 64 DCR 2247 (February 24, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1104

5-A DCMR § 1105 DISPOSAL OF UNDESIGNATED EPINEPHRINE AUTO-INJECTORS

DISPOSAL OF UNDESIGNATED EPINEPHRINE AUTO-INJECTORS

A public school shall dispose of a discharged undesignated epinephrine auto-injector by placing the discharged undesignated epinephrine auto-injector into its carrying case and giving it to the emergency responder or medical provider upon their arrival.

A public school shall dispose of an unused, and expired undesignated epinephrine auto-injector as infectious waste in accordance with 22-B DCMR § 502 (Disposal of Unused Pharmaceuticals).

History

SOURCE: Final Rulemaking published at 64 DCR 2247 (February 24, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1105

5-A DCMR § 1106 MONITORING AND INSPECTIONS

MONITORING AND INSPECTIONS

OSSE, and any other duly authorized official of OSSE or another agency of the District of Columbia having jurisdiction over or responsibilities pertaining to undesignated epinephrine auto-injectors, shall have the right, with prior notice, to enter upon and into the public school premises to determine compliance with this chapter and the Act.

The public school shall fully cooperate with authorized representatives of the Government of the District of Columbia, including OSSE, and shall provide them access to facilities, staff, and records related to the administration of undesignated epinephrine auto-injectors.

The supply of undesignated epinephrine auto-injectors and the monthly log shall available for review during these announced inspections.

History

SOURCE: Final Rulemaking published at 64 DCR 2247 (February 24, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1106

5-A DCMR § 1107 CORRECTIVE ACTION AND PENALTIES

CORRECTIVE ACTION AND PENALTIES

If a public school fails to comply with this chapter or the Act, OSSE may issue an order (referred to hereinafter as a “corrective action order”) requiring the public school to take such action as is necessary to ensure compliance with this chapter or the Act or, after providing the public school with written notice of intent and a reasonable opportunity to respond, may issue an order revoking or limit the eligibility of the public school to compete for funding distributed by OSSE for the following school year pursuant to the Healthy Schools Act (“HSA”). In the absence of extenuating circumstances, a reasonable opportunity to respond shall be no less than thirty (30) calendar days.

OSSE shall provide to each public school written notice of the decision to prohibit eligibility to receive HSA funding distributed by OSSE for the following school year, and, if applicable, required remedial action. The notice shall state with specificity the reasons, the specific remedial action required of the public school, the effective date of the enforcement action, and an opportunity to respond within thirty (30) calendar days from the date of the notice.

The public school’s written response shall include the following:

Each basis for the school’s contesting the decision and, for each such basis, a complete statement of facts and associated legal support;

The specific relief requested; and

Two (2) copies of all documentary evidence supporting the recipient’s positions.

An OSSE employee designated by the State Superintendent of Education shall review the public school’s request. The OSSE employee shall not have participated in the monitoring or inspection of the public school for compliance with the Act or this chapter, or the decision to revoke or prohibit eligibility to receive funding distributed by OSSE pursuant to the HSA. The decision of the OSSE employee shall be final.

History

SOURCE: Final Rulemaking published at 64 DCR 2247 (February 24, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1107

5-A DCMR § 1199 DEFINITIONS

1199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act – Access to Emergency Epinephrine in Schools Amendment Act of 2015 (Act), effective March 9, 2016 (D.C. Law 21-77; D.C. Official Code § 38-651.04a (2012 Repl. & 2016 Supp.)).

Certified – having obtained a certificate of completion of epinephrine administration training that is developed and implemented by OSSE and approved by OSSE.

Designated epinephrine auto-injector -- a disposable drug delivery system with a spring-activated needle, which is obtained with a prescription for a particular person, that is designed for the emergency administration of epinephrine to a person suffering an anaphylactic reaction.

Emergency circumstances – circumstances that indicate that a delay in treatment would endanger the health or life of a student.

Epinephrine auto-injector -- a disposable drug delivery system with a spring-activated needle that is designed for the emergency administration of epinephrine to a person suffering an anaphylactic reaction.

Instructional day – the period of the day when instruction begins and ends, not to include before or aftercare programming.

OSSE – the Office of the State Superintendent of Education established by Section 2 of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2601).

Public school -- a District of Columbia Public Schools school or a public charter school. The term “public school” does not include a parochial school or a private school.

Public school premises -- A building, structure, field house, gymnasium, parking lot, greenhouse, playground, stadium, open space, or other property owned or used for school purposes.

Undesignated epinephrine auto-injector -- a disposable drug delivery system with a spring-activated needle, which is obtained without a prescription for a particular person, designed for the emergency administration of epinephrine to a person suffering an anaphylactic reaction.

History

SOURCE: Final Rulemaking published at 64 DCR 2247 (February 24, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1199

5-A16 CREDENTIALS FOR TEACHERS AND SCHOOL ADMINISTRATORS

5-A DCMR § 1600 PURPOSE & SCOPE

1600.1 The purpose of this chapter is to specify criteria under which the Office of the State Superintendent (OSSE) shall issue the following:

Teaching credential; and

(b) Administrative Services credential.

1600.2 OSSE shall issue a credential to any applicant who meets the criteria in this chapter including the criteria for a specific credential type, the criminal background check requirements described in Section 1606 and the submission of required application fees described in Section 1608.

1600.3 All credentials that are in effect as of the effective date of this rulemaking shall remain in effect until the date of their expiration.

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1600

5-A DCMR § 1601 TEACHER CREDENTIALS

1601.1 An individual shall hold a teaching credential to serve as a teacher in the District of Columbia Public Schools for the sub-specializations enumerated in this section.

1601.2 All individuals required to hold a teaching credential to serve as a teacher in a local education agency (LEA) in the District of Columbia must do so in accordance with the sub-specializations enumerated in this chapter.

1601.3 OSSE shall issue an initial, standard, and provisional teaching credential in accordance with the provisions of this chapter.

1601.4 All teaching credentials shall specify the discipline(s) and/or sub-specialization(s) in which the holder is authorized to teach.

1601.5 All applicants seeking an initial teaching credential in the District of Columbia shall:

(a) Have earned a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education, or have earned the equivalent of a bachelor’s degree from a college or university located outside the United States;

(b) Have successfully passed an examination approved by OSSE and developed to assess general reading, writing, mathematics skills and other general content knowledge as designated by OSSE, with a qualifying score determined by OSSE; or have earned a minimum overall 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education, or the equivalent of a 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university located outside the United States;

(c) Have successfully passed a subject matter content exam approved by OSSE, in the discipline(s) and/or sub-specializations(s) of the credential being sought; and

(d) Meet the requirements of Subsection 1601.6.

1601.6 An applicant shall be issued an initial teaching credential by meeting the requirements described in Subsection 1601.5 and submitting the following:

(a) Documentation satisfactory to OSSE to confirm that the applicant

Is admitted into an OSSE-approved teacher preparation program aligned with the content discipline of the credential being sought, or in a teacher preparation program approved by another state approved by OSSE in accordance with the interstate agreement provisions outlined in this chapter; and

Is employed or contracted as a teacher or has an offer of employment to be a teacher by an LEA operating in the District of Columbia; or

(b) Documentation satisfactory to OSSE to confirm that the applicant:

Has at least two (2) years of effective full-time teaching experience in another state as measured by a summative evaluation rating or two (2) years of effective or equivalent teaching as measured by the student growth component of an evaluation rating. The experience shall have been completed within the previous five (5) years, and the final year shall show a rating of effective or higher; and

Has a valid, current teaching credential, in good standing, issued from another state approved by OSSE in accordance with the interstate agreement provisions outlined in this chapter; or

(c) Documentation satisfactory to OSSE to confirm that the applicant is employed as a teacher or has an offer of employment to be a teacher by an LEA operating in the District of Columbia.

1601.7 The term of the initial teaching credential shall expire on July 31st of the third (3rd) calendar year after issuance.

1601.8 The initial teaching credential is not renewable.

1601.9 An applicant shall be issued a standard teaching credential by meeting the following requirements and submitting the following:

(a) Documentation satisfactory to OSSE to confirm that the applicant:

Has earned a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education, or have earned the equivalent of a bachelor’s degree at a college or university located outside the United States;

Completed an educator preparation program approved by OSSE or an approved program in another state approved by OSSE in accordance with the interstate agreement provisions outlined in this chapter;

Successfully passed an examination approved by OSSE, developed to assess general reading, writing, mathematics skills, and other general content knowledge as designated by OSSE; or earned a minimum overall 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education, or the equivalent of a 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university located outside the United States;

Successfully passed a subject matter content examination approved by OSSE, in the content discipline for which a credential is sought; and

Successfully passed a grade-appropriate pedagogy examination approved by OSSE, or performance-based assessment, as designated by OSSE, with a qualifying score determined by OSSE; or

(b) Documentation satisfactory to OSSE to confirm that the applicant:

Held an initial teaching credential in the District of Columbia;

Completed at least two (2) years of effective or equivalent full-time teaching experience at an LEA in the District of Columbia within the five (5) year period prior to the application, as demonstrated by the applicant’s summative evaluation rating from the employing LEA; and

Successfully passed a grade-appropriate pedagogy examination approved by OSSE, or performance-based assessment, as designated by OSSE, with a qualifying score determined by OSSE; or

Holds a teaching credential issued by another state approved by OSSE in accordance with the interstate agreement provisions outlined in this chapter;

Successfully passed an examination approved by OSSE and developed to assess basic reading, writing, mathematics skills, and other general content knowledge designated by OSSE; or earned a minimum overall 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education, or the equivalent of a 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university located outside the United States;

Successfully passed a subject matter content examination approved by OSSE in the content discipline for which a credential is sought;

Successfully passed a grade-appropriate pedagogy examination or performance-based assessment, as designated by OSSE; and

Has at least two (2) years of effective or equivalent full-time teaching experience in another state, as measured by a summative evaluation rating of two (2) years of effective or equivalent teaching based upon the student growth component of an evaluation rating. The experience shall have been completed within five (5) years prior to an application for the credential, and the final year shall show a rating of effective or higher; or

(d) Documentation satisfactory to OSSE to confirm that the applicant:

Is currently or has been employed as a teacher by an LEA operating in the District of Columbia;

Has completed at least two (2) years of effective or equivalent full-time teaching experience at an LEA in the District of Columbia within the three (3) years prior to the application, as demonstrated by the applicant’s summative evaluation rating from the employing LEA;

Successfully passed an examination approved by OSSE, developed to assess general reading, writing, mathematics skills and other general content knowledge as designated by OSSE; or earned a minimum overall 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education, or the equivalent of a 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university located outside the United States;

Successfully passed a subject matter content examination approved by OSSE, in the content discipline for which a credential is sought; and

Successfully passed a grade-appropriate pedagogy examination or performance-based assessment, as designated by OSSE, with a qualifying score determined by OSSE.

1601.10 A standard teaching credential shall be valid for a term of four (4) years.

1601.11 A standard teaching credential may be renewed if the requirements for renewal of this credential are met, in accordance with this chapter. A renewal period shall be for a term of four (4) years.

1601.12 An applicant seeking a one-year, nonrenewable provisional teaching credential shall provide documentation satisfactory to OSSE to confirm that the applicant:

Has earned a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education or has earned the equivalent of a bachelor’s degree at a college or university located outside the United States;

Has successfully passed an examination approved by OSSE and developed to assess general reading, writing, mathematics skills and other general content knowledge as designated by OSSE, with a qualifying score determined by OSSE; or has earned a minimum overall 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education, or the equivalent of a 3.0 grade point average on a 4.0 scale culminating in a bachelor’s degree at a college or university located outside the United States; and

Is employed as a teacher or has a conditional offer of employment to be a teacher by an LEA operating in the District of Columbia.

1601.13 A provisional teaching credential shall be valid for a term of one (1) calendar year from the date of issuance.

1601.14 A provisional teaching credential is not renewable.

1601.15 An LEA that hires a provisionally-credentialed teacher who is required to be licensed in accordance with D.C. Official Code § 47-2853.04(a)(36) shall:

Describe in writing to OSSE the reason the LEA needed to fill the teaching role of the applicant seeking a provisional credential;

Detail in writing to OSSE the steps taken by the LEA to attempt to hire for the teaching position an individual who holds an initial or standard teacher credential;

Provide OSSE with the name and school placement of the individual who is teaching under the provisional teaching credential no more than thirty (30) calendar days after the start of each school year; and

Make the name and school placement of any individual teaching under a provisional teaching credential public on its website no more than thirty (30) calendar days after the start of each school year.

1601.16 For an individual holding a provisional teaching credential, the provisional teaching credential shall serve as a temporary waiver of the requirement that the individual hold an initial or standard teaching credential in accordance with this chapter.

1601.17 An LEA that employs a teacher who holds a provisional teaching credential shall continue to comply with all requirements of the Elementary and Secondary Education Act (ESEA), 20 U.S.C. § 6301 et seq., including without limitation the educator equity requirements in Section 1112(b)(2) of the ESEA (20 U.S.C. § 6312(b)(2)) and the Parent Right to Know provisions in Section 1112(e)(1) of the ESEA (20 U.S.C. § 6312(e)(1)).

1601.18 With respect to examinations referenced in this section as requiring OSSE approval, OSSE shall publish information regarding such approval on its website. The information shall include, as applicable, the name of each particular examination approved by OSSE and information regarding scores needed to pass the examination.

1601.19 The District of Columbia Public Schools shall publish on its website, no more than thirty (30) calendar days after the start of each school year, the name and school placement of any individual serving as a teacher in the District of Columbia Public Schools that does not hold an active OSSE teacher credential.

1601.20 All applicants seeking a specialized performing or visual arts teaching credential in the District of Columbia shall provide documentation satisfactory to OSSE to confirm that the applicant:

(a) Has successfully earned, at a minimum, a secondary school diploma or the equivalent;

(b) Has successfully completed one or more of the following requirements:

(1) Professional training in the performing or visual arts discipline for which the credential is being sought from a recognized institution or organization culminating in a certificate recognizing successful completion;

(2) A minimum of five (5) years of professional experience in the performing or visual arts discipline for which the credential is being sought; or

(3) A sustained record of unique and extraordinary contributions to the performing or visual arts discipline for which the credential is being sought, which may include a history of national recognition and awards, such as exhibition history, artist talks, press and media representation, a history of being included in public and private collections, performance and directing experiences, and artistic residencies; and

(c) Is employed as a teacher of record or has a conditional offer of employment to be a teacher of record in a performing or visual arts discipline in an LEA operating in the District of Columbia.

1601.21 A specialized performing or visual arts credential shall be valid for a term of four (4) years.

1601.22 A specialized performing or visual arts credential may be renewed if the requirements for renewal of this credential are met in accordance with this chapter. A renewal period shall be for a term of four (4) years.

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 012826 (October 21, 2022); as amended by Final Rulemaking published at 71 DCR 015867 (December 20, 2024). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1601

5-A DCMR § 1602 TEACHER CREDENTIALS: SUB-SPECIALIZATIONS

1602.1 OSSE shall establish criteria for the preparation of teachers in the following sub-specializations:

Adult Basic Education (Adult);

Adult Education (Academic Subjects);

Art (Pre-kindergarten – Grade 12);

Bilingual Education (Pre-kindergarten – Grade 12);

Bilingual Special Education (Pre-kindergarten – Grade 12);

Biology (Grades 7 – 12);

Business Education (Grades 7 – 12);

Chemistry (Grades 7 – 12);

Computer Education Laboratory Teacher (Pre-kindergarten – Grade 12);

Computer Science (Grades 7 – 12);

Early Childhood Education (Pre-kindergarten – Grade 3);

Early Childhood Education, Montessori Primary (Pre-kindergarten – Grade 3);

Early Childhood Education, Special Education (Pre-kindergarten – Grade 3);

Educational Technology Teacher Trainer (Pre-kindergarten – Grade 12);

Elementary Education (Grades 1 – 6);

Elementary Education, Montessori (Grades 1 – 6);

Elementary Mathematics Resource (Grades 1 – 6);

Elementary Science Resource (Grades 1 – 6);

English (Grades 7 – 12);

English as a Second Language (Pre-kindergarten – Grade 12);

Foreign Languages (Pre-kindergarten – Grade 12);

General Science (Grades 7 – 12);

Gifted and Talented Education (Pre-kindergarten – Grade 12);

Health Education (Pre-kindergarten – Grade 12);

Home Economics (Grades 7 – 12);

Industrial Arts (Grades 7 – 12);

Instrumental Music (Pre-kindergarten – Grade 12);

Marketing Education (Grades 7 – 12);

Mathematics (Grades 7 – 12);

Middle School Education (Grades 4 – 8);

Performing Arts – Dance (Pre-kindergarten – Grade 12);

Performing Arts – Drama and Theatre (Pre-kindergarten – Grade 12);

Performing Arts – Music (Pre-kindergarten – Grade 12);

Physical Education (Pre-kindergarten – Grade 12);

Physics (Grades 7 – 12);

Reading (Pre-kindergarten – Grade 12);

Social Studies (Grades 7 – 12);

Special Education, Categorical (Pre-kindergarten – Grade 12);

Special Education, Non-Categorical (Pre-kindergarten – Grade 12);

Specialized Performing or Visual Arts – Dance (Pre-kindergarten – Grade 12);

Specialized Performing or Visual Arts – Drama and Theatre (Pre-kindergarten – Grade 12);

Specialized Performing or Visual Arts – Instrumental Music (Pre-kindergarten – Grade 12);

Specialized Performing or Visual Arts – Technical Design and Production (Pre-kindergarten – Grade 12);

Specialized Performing or Visual Arts – Visual Arts (Pre-kindergarten – Grade 12);

Specialized Performing or Visual Arts – Vocal Music (Pre-kindergarten – Grade 12);

Technical and Industrial Occupations (Grades 7 – 12); and

Visual Arts (Pre-kindergarten – Grade 12); and

Vocal Music (Pre-kindergarten – Grade 12).

1602.2 OSSE shall not issue credentials in the following sub-specializations:

(a) Athletic Trainer;

(b) Athletic Coach;

(d) Military Science and Tactics.

1602.3 Individuals in possession of OSSE-issued credentials enumerated in Subsection 1602.2 that are in effect on the date of this regulation shall remain in effect until the credential’s expiration date. After expiration, individuals employed to fulfill these roles shall be subject to the qualifications and conditions established by their employing LEA for these roles.

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016); as amended by Final Rulemaking published at 71 DCR 015867 (December 20, 2024). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1602

5-A DCMR § 1603 ADMINISTRATIVE SERVICES CREDENTIALS

1603.1 An individual shall hold an administrative services credential to serve as principal or assistant principal in the District of Columbia Public Schools.

1603.2 All individuals required to hold an administrative services credential to serve as a principal or assistant principal in a local education agency in the District of Columbia must do so in accordance with this section.

1603.3 OSSE shall issue an initial, standard, and advanced administrative services credential in accordance with the provisions of this section.

1603.4 An applicant shall be issued an initial administrative services credential by meeting the following requirements, as demonstrated by submitting documentation satisfactory to OSSE to confirm that the applicant:

Has earned a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education;

Earned a graduate degree or higher at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education or successfully completed the requirements of a state approved program approved by OSSE for educational administrators, or holds a valid administrative services credential from another state; and

Has two (2) years full-time preschool-grade 12 school-based teaching or instructional leadership experience, or full-time preschool- grade 12 school-based experience in guidance counseling, social work, psychological services, or rehabilitative services for students with disabilities; but has not passed the School Leaders Licensure Assessment (SLLA).

1603.5 An initial administrative services credential shall be valid for a term of two (2) years.

1603.6 An initial administrative services credential is not renewable.

1603.7 An applicant shall be issued a standard administrative services credential by meeting the following requirements and submitting the following:

Documentation satisfactory to OSSE to confirm the applicant:

Has earned a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education;

Earned a graduate degree or higher from an accredited institution of higher education or successfully completed the licensure requirements of a state approved program approved by OSSE for educational administrators, or holds a valid administrative services credential from another state;

Successfully completed four years of full-time preschool-grade 12 school-based teaching, instructional leadership experience, guidance counseling, social work, psychological services, or rehabilitative services for students with disabilities; and

Successfully completed the SLLA, with a qualifying score determined by OSSE;

Documentation satisfactory to OSSE to confirm the applicant:

Has earned a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education;

Successfully completed two years of effective or the equivalent, full-time preschool-grade 12 school-based teaching or instructional leadership experience, or two years of effective or the equivalent, full-time preschool-grade 12 school-based experience in guidance counseling, social work, psychological services, or rehabilitative services for students with disabilities; as demonstrated by the applicant’s summative evaluation rating from his or her LEA; and

Successfully completed the SLLA, with a qualifying score determined by OSSE; or

Documentation satisfactory to OSSE to confirm the applicant:

Has earned a bachelor’s degree at a college or university accredited by one of the regional accrediting bodies approved by the U.S. Department of Education;

Holds a valid administrative services credential issued by another state approved by OSSE in accordance with the interstate agreement provisions outlined in this chapter;

Successfully completed two years of effective or equivalent, full-time preschool-grade 12 school-based teaching or instructional leadership experience, in another state, as measured by a summative evaluation rating of two (2) years of effective or equivalent teaching based upon the student growth component of an evaluation rating; or, two years of effective or the equivalent, full-time preschool-grade 12 school-based experience in guidance counseling, social work, psychological services, or rehabilitative services for students with disabilities, as demonstrated by the applicant’s summative evaluation rating from his or her LEA; and

Successfully completed the SLLA, with a qualifying score determined by OSSE.

1603.8 A standard administrative services credential shall be valid for a term of four (4) years.

1603.9 A standard administrative services credential may be renewed if the requirements for renewal of this credential are met in accordance with this chapter. A renewal period shall be for a term of four (4) years.

1603.10 [RESERVED]

1603.11 [RESERVED]

1603.12 [RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1603

5-A DCMR § 1604 CREDENTIAL STATUSES AND RENEWAL REQUIREMENTS

1604.1 The following statuses shall apply to the credentials described in this chapter:

Active;

Expired;

Revoked; and

Suspended

1604.2 Each credential holder shall be responsible for knowing the requirements needed to maintain a valid District of Columbia credential. When a teaching credential is renewed, all sub-specializations for which the credential holder is authorized will be renewed.

1604.3 To renew a standard teaching or a specialized performing or visual arts credential, credential holders shall present:

Documentation showing that the credential holder has achieved a summative LEA teacher evaluation rating of effective or equivalent for a minimum of three (3) years during the four (4) year term of validity; or

Evidence showing that the credential holder has engaged in a minimum of one hundred twenty (120) hours of professional development activities during the four (4) year term of validity.

1604.4 A standard teaching or a specialized performing or visual arts credential that has expired cannot be renewed but may be reinstated by submitting and meeting the requirements for a new application.

1604.5 [RESERVED]

1604.6 [RESERVED]

1604.7 To renew a standard administrative services credential, credential holders will present:

Documentation showing that the credential holder has achieved summative LEA administrator evaluation rating of effective or equivalent for a minimum of three (3) years during the four (4) year term of validity; or

Evidence showing that the credential holder has engaged in a minimum of one hundred twenty (120) hours of professional development activities during the four (4) year term of validity.

1604.8 A standard administrative services credential that has expired cannot be renewed but may be reinstated by submitting and meeting the requirements for a new application.

1604.9 [RESERVED]

1604.10 [RESERVED]

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016); as amended by Final Rulemaking published at 71 DCR 015867 (December 20, 2024). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1604

5-A DCMR § 1605 INTERSTATE AGREEMENT ON QUALIFICATION OF EDUCATIONAL PERSONNEL

1605.1 OSSE shall conduct periodic reviews to determine whether any state has established teacher preparation standards that are at least comparable or equivalent to teacher preparation standards in the District of Columbia.

1605.2 If OSSE determines that the teacher preparation standards established by any state are at least comparable or equivalent to teacher preparation standards in the District of Columbia, OSSE shall initiate negotiations with that state to provide reciprocity in teacher or administrative services credentialing.

1605.3 OSSE shall award a credential to any applicant who holds or qualifies for an equivalent credential awarded by a state that has established a reciprocity agreement with the District of Columbia.

1605.4 OSSE shall grant an appropriate credential to any applicant from another state that has completed teacher preparation that is at least comparable or equivalent to preparation that meets teacher preparation standards in the District of Columbia, as determined by OSSE, if both of the following circumstances exist:

(a) A reciprocity agreement with the other state is pending completion, or the other state has declined to enter into a reciprocity agreement with the District of Columbia; and

(b) The applicant has met the requirements of the District of Columbia for obtaining a credential in accordance with this section.

1605.5 An interstate agreement established pursuant to this section shall not exempt an out-of-state applicant from being required to submit to, and comply with, a background or criminal history record check, in conjunction with obtaining a credential under this chapter.

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1605

5-A DCMR § 1606 REQUIRED CRIMINAL BACKGROUND CHECKS

1606.1 Each applicant for a credential under this chapter shall be required to undergo a criminal history record check prior to receiving the credential, and shall be required to submit to additional checks for purposes of renewing or continuing to hold the credential.

1606.2 OSSE shall develop policies or directives setting forth the criteria for the review of such records in accordance with applicable law.

1606.3 Criminal convictions, in accordance with Section 1607, and pending criminal charges shall be taken into account by OSSE with regard to criminal background information in determining whether or not an individual is qualified to hold the credential.

1606.4 Holding a credential issued by OSSE shall not exempt an individual from the criminal background check requirements of any employer.

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1606

5-A DCMR § 1607 DENIAL, SUSPENSION OR REVOCATION OF TEACHING AND ADMINISTRATIVE SERVICES CREDENTIALS

1607.1 An application for a credential shall be denied by OSSE and a credential issued pursuant to this chapter shall be denied for renewal, suspended for a period determined by OSSE, or revoked by OSSE if the applicant or credential holder has:

(a) Fraudulently or deceptively obtained or attempted to obtain the credential;

(b) Pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of, one of the following crimes as defined in the District of Columbia Official Code or a comparable crime in another state or federal law:

(1) Murder;

(2) Child abuse;

(3) Rape or sexual abuse;

(4) A sexual offense involving a minor or non-consenting adult;

(5) Child pornography;

(6) Kidnapping or abduction of a child;

(7) Illegal possession, use, sale, or distribution of controlled substances;

(8) Illegal possession or use of weapons;

(9) A felony involving moral turpitude to be defined as one characterized by behavior or acts that gravely violate moral sentiments or accepted moral standards of this community and are of a morally culpable quality; or

(10) A crime of violence as defined in District of Columbia Official Code Section 23-1331(4);

(c) Failed to report suspected child abuse or neglect, as required by District of Columbia Official Code Section 4-1321.02; or

(d) Been denied a credential or had his/her credential denied, suspended, or revoked in another jurisdiction within the previous five (5) years for a cause which would be grounds for denial, suspension, or revocation under this section.

1607.2 The following reporting procedures shall govern this chapter with regard to conduct in this section:

(a) Employees, agents, and contractors of local education agencies in the District of Columbia shall notify OSSE in writing if they become knowledgeable of a person with a current credential issued under this chapter or an applicant for a credential under this chapter who engages in an act listed in Subsection 1607.1.

(b) The written notice shall include the following information:

(1) Name and current or last known address of the person being reported;

(2) Type of credential held or applied for by the person; and

(3) Specific act set forth in Subsection 1607.1 engaged in by the individual at issue.

(c) OSSE shall establish and implement policies and procedures for the review of documents associated with the reporting of actions listed in Subsection 1607.1.

1607.3 OSSE shall send a potential or current credential holder written notification before denying an application for, denying the renewal of, suspending or revoking a credential for reasons set forth in Subsection 1607.1; or before denying an application or renewal for failure to achieve a summative evaluation rating of effective or highly effective (or their equivalent). The written notification shall include the following:

The intent to deny the application or to deny the renewal of, suspend, or revoke the credential, specifying the basis for the intended action;

Notice that a potential or current credential holder has the right to appeal the proposed action at a hearing;

Notice that, if the potential or current credential holder requests a hearing to appeal the proposed action, the decision to deny, suspend or revoke shall not become final until the conclusion of the hearing.

Notice that at a hearing the standard of proof shall be a preponderance of the evidence and that the burden of proof shall rest upon:

(1) OSSE to sustain a decision to suspend or revoke a credential; and

(2) The applicant to reverse a decision to deny a credential.

Notice that an individual appealing the proposed action shall have the right, at his/her own expense, to be represented by an attorney or other representative at the hearing.

Notice that a request for a hearing to appeal the proposed action shall be filed within ten (10) business days of the date of the written notification of the intent to deny the application or deny, suspend or revoke the credential as a result of moral character and fitness issues.

Notice that, absent the timely filing of a request for a hearing, the decision shall become final on the eleventh (11th) business day after written notification of the intent to deny the application or deny the renewal of, suspend or revoke the credential as a result of character and fitness issues.

1607.4 If an application for or renewal of a credential is intended for denial by OSSE as a result of the failure to meet the requirements of Subsections 1601.12, 1603.4, 1606.7, or 1606.10, and the applicant requests a hearing under Subsection 1607.3, the LEA(s) that issued the summative evaluation(s) shall cooperate with OSSE in defense of the intended action.

1607.5 OSSE shall notify all other states of denial, suspension, and revocation decisions as part of the interstate certification data exchange.

1607.6 If the decision of denial, suspension, or revocation is based on Subsection 1607.1 (b), and if the decision subsequently is overturned in an appeal or other post decision proceeding, an applicant may re-apply for a credential, and a credential suspension or revocation shall end on the date a conviction or plea of guilty is overturned.

1607.7 A credential which has been suspended under this chapter shall be automatically reinstated at the end of a suspension period; provided that the credential has not expired during the period of suspension.

1607.8 If a credential expired during the period of suspension, a person may reapply and shall be required to meet the credential requirements in effect at the time the application is submitted for a new credential.

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1607

5-A DCMR § 1608 FEES

1608.1 Each application for a credential submitted to OSSE for processing under this chapter shall be accompanied by a fee established by OSSE.

OSSE shall determine the amount of revenue that shall be required to administer the teacher and administrator credentialing process, and shall establish an application processing fee in the amount deemed necessary for such purposes;

As required by Section 3 of the State Education Office Establishment Act of 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602), all revenue collected by OSSE under this subsection for the processing of credentials shall be deposited in the OSSE “Academic Certification and Testing Fund,” which shall be separate from the Local Operating Funds of the District of Columbia. Any unexpended funds in the Academic Certification and Testing Fund at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia pursuant to Section 3(c)(2) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(c)(2)).

All revenue collected by OSSE under this subsection for the processing of credentials shall be used for the purposes directly related to credentialing activities, shall include:

Travel, including per diems;

(2) Educator professional training and development, including food and beverages, pursuant to 5 U.S.C. § 4109;

(3) Award programs, including food and beverages pursuant to 5 U.S.C. § 4503;

(4) Stipends;

(5) Professional organization membership dues;

(6) Day-to-day office operational needs related to credentialing activities;

(7) Salaries of individuals who perform, manage, monitor or oversee credentialing or support the processing and issuing of credentials; and

(8) The maintenance of credentialing program systems and records, including the creation and maintenance of any electronic or online system.

Fees shall be made payable to the D.C. Treasurer as specified by OSSE.

OSSE shall establish and publish on its website the application fee for first time applicants and renewals, and for requests for duplicate credentials.

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1608

5-A DCMR § 1699 DEFINITIONS

1699.1 When used in this chapter, the following terms shall have the ascribed meanings:

“Credential” means a document issued under this chapter to a person who has met the eligibility standards and other requirements of this chapter and who is therefore authorized to perform the services permitted by law and regulation to be performed by a person holding such a credential, and to hold himself or herself out as authorized to perform such services.

“Local Education Agency” or “LEA” means an educational institution at the local level that exists primarily to operate a publicly funded school or schools providing elementary or secondary education in the District of Columbia, including the District of Columbia Public Schools (DCPS) and a District of Columbia public charter school.

“Office of the State Superintendent of Education” or “OSSE” means the District of Columbia state education level agency established by Section 2 of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2601 (2012 Repl. & 2015 Supp.)).

“School Leaders Licensure Assessment” means the statewide assessment of school administration knowledge and skills that has been adopted by OSSE as a requirement for issuance of the administrative services credential.

“Stipends” means payments issued to a District of Columbia teacher, administrator, or other school-based professional in exchange for performing a service related to credentialing activities under this chapter.

“Sub-specialization” means the designation on a credential issued under this chapter authorizing a person to practice a specialty within a credential category.

History

SOURCE: Final Rulemaking published at 63 DCR 9071 (July 1, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1699

5-A17 STATE APPROVAL OF EDUCATOR PREPARATION PROVIDERS AND SUBJECT AREA PROGRAMS

5-A DCMR § 1700 AUTHORITY AND PURPOSE

1700.1 This Chapter is authorized by section 1002 of the Second Omnibus Regulatory Reform Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code §§ 47-2853.04(a)(22),(a)(36), and (c)(3) (2012 Repl. and 2018 Supp.)) and sections 3(b)(11), (12), (15), and (17) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(11), 38-2602(b)(12), 38-2602(b)(15), and 38-2602(b)(17)) (2012 Repl. and 2018 Supp.)).

1700.2 The purpose of this Chapter is to establish the requirements for state approval of educator preparation providers and subject area programs that prepare candidates who are eligible to earn an educator credential in the District of Columbia to teach in the District of Columbia Public Schools. The intent of the approval process is to ensure that candidates and program completers of educator preparation providers and subject area programs who seek an educator credential in the District of Columbia receive the training and practicum experiences to enable them to provide effective and high-quality education to District of Columbia Public School students.

1700.3 This Chapter is further intended to help ensure that the District of Columbia’s educator preparation providers and subject area programs contribute to efforts to eliminate the District’s existing opportunity gap along racial and ethnic group status. Research consistently demonstrates that all students, and particularly students from certain disadvantaged groups, benefit from access to racially and ethnically diverse teachers and school leaders.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1700

5-A DCMR § 1701 GENERAL PROVISIONS

1701.1 District of Columbia regulations on the manner in which a person may obtain an educator credential are set forth in Chapter 16, District of Columbia Municipal Regulations, Title 5, Subtitle A.

1701.2 The several methods by which a person may obtain an educator credential include the successful completion of a subject area program approved by the Office of the State Superintendent of Education (OSSE), among other requirements.

1701.3 A person required to hold an educator credential to serve in a school-based role in the District of Columbia Public Schools shall do so in accordance with subject area sub-specializations contained in Chapter 16, District of Columbia Municipal Regulations, Title 5, Subtitle A, Section 1601.2.

1701.4 A subject area program, operating within or independently of an educator preparation provider, is required to obtain OSSE’s approval of the program.

1701.5 If the approval of an educator preparation provider or subject area program expires thirty (30) days after the effective date of this chapter, OSSE shall extend the approval upon written request by the educator preparation provider or subject area program. The duration of the extension shall be in accordance with the scheduled timeframe for renewal as set by OSSE pursuant to Section 1701.6.

1701.6 Within thirty (30) days after the effective date of this chapter, OSSE shall issue a schedule including the timeframes by which an educator preparation provider or subject area program granted an extended approval in accordance with Section 1701.5 shall apply for renewal, if continued OSSE approval is desired by the educator preparation provider or subject area program.

For education preparation providers with an active approval by an external accreditor and subject area programs with an active recognition by a specialized professional association, the schedule shall be based on the expiration of such approval or recognition, as applicable.

For education preparation providers that do not have an active approval by an external accreditor and subject area programs that do not have an active recognition by a specialized professional association, the schedule shall be based on the date of last approval by OSSE and in the order of such approval, with the programs approved earlier in time being the first scheduled to apply for renewal.

1701.7 Educator preparation providers and subject area programs approved by OSSE shall comply with the provisions of this chapter unless otherwise exempted by District of Columbia laws or regulations.

1701.8 Educator preparation providers operating within an institution required to be licensed by the Higher Education Licensure Commission shall maintain compliance with all applicable requirements of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. § 38-1301 et seq.) and its implementing regulations.

1701.9 Educator preparation providers operating outside of an institution required to be licensed by the Higher Education Licensure Commission shall maintain compliance with all applicable federal or District of Columbia laws or regulations or any policy, procedures, or standards of an entity that has governing authority of the educator preparation provider.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1701

5-A DCMR § 1702 APPLICABILITY

1702.1 This chapter shall apply to educator preparation providers and subject area programs that prepare candidates eligible to earn an educator credential from the District of Columbia and teach in the District of Columbia Public Schools, including:

A traditional educator preparation provider operating within or as part of the offerings of an Institution of Higher Education (IHE);

An educator preparation provider offered by an alternate route organization or institution operating within or as part of the offerings of an IHE;

An educator preparation provider offered by an alternate route organization or institution operating independently of an IHE;

A subject area program operating within an educator preparation provider; and

A subject area program operating outside of an educator preparation provider but only if the subject area program operates within an IHE.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1702

5-A DCMR § 1703 NEEDS ASSSESSMENT

1703.1 Before an educator preparation provider or subject area program submits a request for an initial or renewal of approval in accordance with this chapter, the educator preparation provider or subject area program shall submit a needs assessment. The intent of the needs assessment is to allow the educator preparation provider or subject area program to consider critically whether there is a demonstrated need for the preparation it is proposing to provide before it applies for state approval.

1703.2 A needs assessment shall include at a minimum:

A description and evidence of how the educator preparation provider or subject area program, as applicable:

Examines its enrollment practices to assess whether its candidates and completers reflect the racial and ethnic diversity of the student populations of the District of Columbia Public Schools;

Ensures its candidates and completers are provided practicum and clinical experience opportunities to practice the application of course knowledge in different school and classroom settings; at various times during the school day; and to provide whole class, small group, and one-on-one instruction; and

Makes efforts to provide its candidates and completers with coursework, practicum, and clinical experience opportunities with racially and ethnically diverse faculty, to appropriately adapt instruction to meet the needs of all students.

A description and evidence of how the educator preparation provider or subject area program, as applicable, is responsive to:

OSSE-identified data-driven current and anticipated national, regional, or local workforce needs for schools and subject areas; and

Evidence of demonstrated potential candidate interest for enrolling in a specific provider or program.

A description and evidence of how the educator preparation provider or subject area program, as applicable, plans to sustain its operation, including actual candidate enrollment at a level that is sufficient to sustain the provider or program.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1703

5-A DCMR § 1704 APPLICATION FOR INITIAL STATE APPROVAL

1704.1 An educator preparation provider or subject area program shall submit to OSSE an application for state approval in such a form as OSSE may prescribe.

1704.2 Except as permitted in Section 1704.8, an educator preparation provider shall submit evidence of accreditation by an external accreditor. If the provider is accredited, OSSE shall make an approval determination based on the provider’s accreditation status and information that the education preparation provider submits in its application.

1704.3 An application for state approval of an educator preparation provider shall include the following:

A statement signed by an authorized official of the educator preparation provider certifying that the information in the application is current, true, and accurate;

The mailing address, telephone number, and website address;

Organizational background and history;

The names and qualifications of key administrative and programmatic staff and faculty;

A statement describing the program structure and requirements;

A statement describing any authorization, license or approval, other than accreditation, which the educator preparation provider has or previously held from another jurisdiction, which shall include the following:

The type of authorization, license, or approval;

The name of the issuing agency;

The term and expiration date of the authorization, license, or approval;

Any conditions to which the authorization, license, or approval is subject;

Any pending application for authorization, license, or approval; and

Any revocation or other action limiting the authorization, license, or approval that occurred during the five (5) years preceding application for state approval and the reasons for the revocation or other action limiting the authorization, license, or approval; and

Such other information as OSSE may reasonably require to render an approval determination.

1704.4 Except as provided in Section 1704.9, a subject area program shall submit documentation that the program is recognized by a specialized professional association (SPA). If the program is recognized by the applicable SPA, OSSE shall make an approval determination based on the recognition by the SPA and information that the subject area program submits in its application.

1704.5 An application for state approval of a subject area program shall include the following:

A statement signed by an authorized official of the subject area program certifying that the information in the application is current, true, and accurate;

The mailing address, telephone number, and website address of the program;

Organizational background and history of the program;

The names and qualifications of key administrative and programmatic staff and faculty of the program;

A statement describing the program structure and requirements;

A statement describing any recognition, license or approval, which the subject area program has or previously held from another jurisdiction, which shall include the following:

The type of recognition, license, or approval;

The name of the issuing agency or specialized professional association;

The term and expiration date of the recognition, license, or approval;

Any conditions to which the recognition, license, or approval is subject;

Any pending application for recognition, license, or approval; and

Any revocation or other action limiting the recognition, license, or approval that occurred during the five (5) years preceding application for state approval and the reasons for the revocation or other action limiting the recognition, license, or approval; and

Such other information as OSSE may reasonably require to render an approval determination.

1704.6 An elementary education subject area program, early childhood education subject area program, special education subject area program, reading subject area program, and any other subject area program preparing educator candidates with primary responsibility for literacy instruction shall be required to demonstrate to OSSE that its candidates are required to complete coursework that addresses competency and requires candidates to demonstrate competency in each of the five (5) components (phonemic awareness, phonics, oral reading fluency, vocabulary, and comprehension) of scientifically-based reading instruction.

1704.7 A subject area program that does not operate within an educator preparation provider shall submit evidence to OSSE that it operates within an IHE and has notified the educator preparation provider operating within that IHE. The subject area program and IHE shall submit a written agreement to OSSE that will govern in the event of a closure of the subject area program. This agreement shall address how the subject area program and IHE will meet data collection and reporting requirements included in this chapter after closure of the program.

1704.8 An educator preparation provider may request state review by OSSE if the provider is an alternate route organization or institution that does not have accreditation by an external accreditor and either:

Operates solely in the District of Columbia; or

Can demonstrate that fifty percent (50%) or more of its program completers are employed by local educational agencies in the District of Columbia per year, in each of the three (3) years preceding submission of the application.

1704.9 A subject area program may request state review by OSSE if either:

A specialized professional association does not exist for the subject area program; or

The educator preparation provider in which the subject area program operates is an alternate route organization or institution that

meets one of the conditions set forth in 1704.8.

1704.10 The purpose of a state review is for OSSE to determine whether the educator preparation provider or subject area program meets the same or comparable standards to those established by an external accrediting body, a specialized professional association, or other OSSE standards, as applicable.

1704.11 OSSE shall adopt standards for purposes of determining the approval status of an educator preparation provider or subject area program during a state review, as follows:

In the case of an educator preparation provider, OSSE shall adopt the standards established by an external accrediting body and make those standards publicly available; and

In the case of a subject area program for which a specialized professional association does not exist, OSSE shall adopt the same or comparable standards to those established by a specialized professional association and make those standards publicly available.

1704.12 A state review shall include:

The designation of a review team by OSSE, which shall have external peer reviewers and other persons as determined by OSSE;

Examination of documentary evidence by the review team;

A virtual or on-site visit by the review team;

Preparation of a report by OSSE, which shall contain the review team’s recommendation for state approval;

Submission of OSSE’s report to the educator preparation provider or subject area program, as applicable;

An opportunity for the education preparation provider or subject area program, as applicable, to submit a written response setting forth any factual errors and any available documentation to support its claims of factual errors;

Review by the review team of each response submitted by the educator preparation provider or subject area program, as applicable, and submission by the review team of amendments to the OSSE report, as determined necessary by the review team; and

Review by OSSE of the review team’s amendments to the report and a determination by OSSE to accept or reject the review team’s recommendation.

1704.13 OSSE shall approve or deny the application and provide written notice of the decision to the educator preparation provider or subject area program.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1704

5-A DCMR § 1705 APPROVAL STATUS

1705.1 OSSE may, at its discretion, grant fully approved status to an educator preparation provider or subject area program if the program has received accreditation by an external accreditor or recognition by a specialized professional association, as applicable, or, if the provider or program meets requirements from a state review. Full approval status shall be valid for up to seven (7) years from the date of issuance.

1705.2 OSSE may, in its discretion, award approval with stipulations to an educator preparation provider or subject area program if the program receives an accreditation with stipulations status from an external accreditor or a recognition with conditions from a specialized professional association, as applicable, or, if the provider or program sufficiently meets all standards to earn approval from a state review, but has one or more deficiencies that require resolution within two (2) years. Approval with stipulations shall be valid for two (2) years.

1705.3 OSSE may, in its discretion, award probationary approval to an educator preparation provider or subject area program if the provider or program receives a probationary accreditation status from an external accreditor or probationary approval from a specialized professional association, as applicable, or, if the application and supporting documents do not meet all standards from a state review. OSSE shall identify the standards that have not been met and the conditions and duration of the probation. Probationary approval shall not exceed two years.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1705

5-A DCMR § 1706 RENEWAL OF STATE APPROVAL

1706.1 An educator preparation provider or subject area program may request that OSSE renew state approval of the provider or program beyond the initial state approval period.

1706.2 An application for renewal shall be submitted by the educator preparation provider or subject area program, as applicable, no later than one hundred and eighty (180) calendar days prior to the expiration date of the current approval.

1706.3 Except as provided in Section 1706.9, an educator preparation provider shall submit a renewal accreditation determination by an external accreditor. If the provider accreditation has been renewed, OSSE shall make an approval determination based on the provider’s accreditation status and information that the educator preparation provider submits in its application for renewal.

1706.4 An application for renewal of an educator preparation provider shall include the following:

A statement signed by an authorized official of the educator preparation provider certifying that the information in the application is current, true, and accurate;

The mailing address, telephone number, and website address of the provider;

Organization background and history of the provider;

The names and qualifications of the provider’s key administrative and programmatic staff and faculty;

A statement describing the program structure and requirements of the provider;

A statement describing any authorizations, licenses or approvals, other than accreditation, which the educator preparation provider has or previously held from another jurisdiction, which shall include the following:

The type of authorization, license, or approval;

The name of the issuing agency;

The term and expiration date of the authorization, license, or approval;

Any conditions to which the authorization, license, or approval is subject;

Any pending application for authorization, license, or approval; and

Such other information as OSSE may reasonably require to render an approval determination. Data that an educator preparation provider reports to OSSE in accordance with Section 1709 may serve as a basis for OSSE to require additional information for purpose of the approval determination.

1706.5 Except as provided in Section 1706.10, a subject area program shall submit documentation as evidence that it continues to be recognized by an SPA. If the program continues to be recognized by the applicable SPA, OSSE shall make an approval determination based on the recognition by the SPA and information that the subject area program submits in its application.

1706.6 An application for renewal of a subject area program shall include the following:

A statement signed by an authorized official of the subject area program certifying that the information in the application is current, true, and accurate;

The mailing address, telephone number, and website address of the program;

Organizational background and history of the program;

The names and qualifications of program’s key administrative and programmatic staff and faculty;

A statement describing the program structure and requirements;

A statement describing any recognition, license or approval, which the subject area program has or previously held from another jurisdiction, which shall include the following:

The type of recognition, license, or approval;

The name of the issuing agency or specialized professional association;

The term and expiration date of the recognition, license, or approval;

Any conditions to which the recognition, license, or approval is subject;

Any pending application for recognition, license, or approval; and

Such other information as OSSE may reasonably require to render an approval determination.

1706.7 An elementary education subject area program, early childhood education subject area program, special education subject area program, reading subject area program, and any other subject area program preparing educator candidates with primary responsibility for literacy instruction shall be required to demonstrate to OSSE that its candidates are required to complete coursework that addresses competency and requires candidates to demonstrate competency in each of the five (5) components (phonemic awareness, phonics, oral reading fluency, vocabulary, and comprehension) of scientifically-based reading instruction.

1706.8 A subject area program that does not operate within an educator preparation provider shall submit evidence to OSSE that it operates within an IHE and has notified the educator preparation program operating within the IHE of its operating status.

1706.9 An educator preparation provider may request state review by OSSE of its renewal application if the provider is an alternate route organization or institution that does not have accreditation by an external accreditor and either:

Operates solely in the District of Columbia; or

1706.10 A subject area program may request state review by OSSE if either:

A specialized professional association does not exist for the subject area program; or

If the educator preparation provider in which the subject area program operates is an alternate route organization or institution that meets one of the conditions set forth in Section 1706.9(a) or Section 1706.9(b).

1706.11 State review for a renewal application shall be conducted in accordance with § 1704.12, except that after reviewing the renewal application, OSSE may determine that a virtual or on-site visit is not necessary. If an on-site visit is determined necessary, OSSE and the review team shall meet with representatives of the educator program provider or subject area program, as applicable, to review the application.

1706.12 OSSE shall approve or deny the application and provide written notice of OSSE’s decision to the educator preparation provider or subject area program.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1706

5-A DCMR § 1707 DENIAL, PROBATION, SUSPENSION, AND REVOCATION OF STATE APPROVAL

1707.1 OSSE may deny state approval to an educator preparation provider or subject area program pursuant to sections 1704, 1706, and 1711.

1707.2 An educator preparation provider or subject area program may be placed on probation for failing to meet any federal or District of Columbia law or regulation, or to comply with data collection obligations set forth by this chapter.

1707.3 Probation may last for two (2) years unless the educator preparation provider or subject area program presents evidence that would otherwise qualify the program for full state approval. If the provider or program provides sufficient evidence, as determined by OSSE, then the program may be granted or returned to fully approved status.

1707.4 While an educator preparation provider or subject area program is on probation, it shall continue to provide all annual reporting, as described in Section 1709.1.

1707.5 Throughout the probationary period, OSSE shall monitor the progress of an educator preparation provider or subject area program towards attaining full approval. Monitoring shall include review of required data reports and monitoring visits as deemed necessary.

1707.6 OSSE may revoke state approval if, after the two-year probation period, it deems an educator preparation provider or subject area program to have not made satisfactory progress toward meeting the standards, reporting or compliance requirements as set forth in this chapter.

1707.7 If the educator preparation provider or subject area program is deemed to be making satisfactory progress by the end of the two-year probationary period, the period of probation may be extended for an additional two years. Within thirty (30) days of the notification to the program that its probation is renewed for an additional two-year probationary period, the program shall notify each candidate individually in writing of its probationary status and provide documentation of the notification to OSSE.

1707.8 OSSE may suspend or revoke state approval of an educator preparation provider or subject area program that is placed on a probationary approval by OSSE, an external accreditor, or an applicable specialized professional association if the program fails to correct deficiencies under the timeline required by OSSE, the accreditor, or the association, respectively.

1707.9 The notice of intent by OSSE to assign probationary approval shall be in writing and include the following:

A statement of the proposed probationary approval, specifying the bases for the proposed action;

Notice of the effective date of the proposed probationary approval; and

A description and timeline of the required evidence, data reports, and monitoring visits as deemed necessary to address the deficiency that resulted in the probationary approval.

1707.10 OSSE may suspend or revoke state approval of an educator preparation provider or subject area program without first placing the provider or program on probation, if the provider or program fails to comply with any provision of this chapter after OSSE has given notice of that failure to comply and under the timeline required by OSSE.

1707.11 The notice of intent to deny, suspend, or revoke approval shall be in writing and include the following:

A statement of the proposed denial, suspension, or revocation, specifying the bases for the proposed action;

Notice of the effective date of the proposed denial, suspension, or revocation;

Notice that an educator preparation provider or subject area program may request an administrative review of the proposed denial, suspension, or revocation by submitting a written request to the State Superintendent or designee, subject to the requirements set forth in subsection 1708.1, within fifteen (15) business days of the date of the written notice; and

Notice that the proposed action shall become final without an administrative review on the sixteenth (16) business day after the date of the notice of the proposed action if the educator preparation or subject area program fails to request an administrative hearing within the time and in the manner specified.

1707.12 OSSE shall provide written notice of its final action to the educator preparation provider or subject area program if no administrative review is requested.

1707.13 The education preparation provider or subject area program shall notify each candidate individually in writing of a final action by OSSE to deny, suspend, or revoke approval of the program no later than fifteen (15) business days of the date of OSSE’s final action or administrative determination and provide documentation of the notification to OSSE.

1707.14 An educator preparation provider shall notify the Higher Education Licensure Commission (established in accordance with the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1301 et seq.) in writing, of a final action or administrative determination by OSSE to deny, suspend, or revoke approval of the program no later than fifteen (15) business days of the date of OSSE’s final action.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1707

5-A DCMR § 1708 ADMINISTRATIVE REVIEW

1708.1 OSSE shall conduct an administrative review requested by an educator preparation provider or subject area program alleging that OSSE has failed to follow the procedures as outlined in sections 1701 through 1706.

1708.2 The written request for administrative review shall:

Not exceed twenty (20) double-spaced pages;

Be limited to evidence or information previously provided to or collected by OSSE;

Include a concise statement of the facts giving rise to the request for administrative review;

Include a statement explaining the contention that OSSE failed to follow the outlined procedures; and

Include a statement of the specific relief sought.

1708.3 Within ten (10) business days of receipt of a written request for administrative review, the State Superintendent, or his/her designee, shall designate a three (3) member intra-agency review panel of OSSE employees to conduct an off-site review of written documentation and materials.

1708.4 The intra-agency review panel shall not include an OSSE employee who had direct involvement in the proposed decision to deny, suspend, or revoke the approval status of the educator preparation or subject area program requesting review.

1708.5 Within thirty (30) business days of the State Superintendent's designation, the intra-agency review panel shall convene to review the written request for administrative review, the agency record, and any permissible supporting documentation.

1708.6 The intra-agency review panel may affirm or reverse the OSSE proposed action.

1708.7 The panel shall provide the educator preparation provider or subject area program with the panel’s written decision, including the panel’s basis for its decision, within thirty (30) business days of the convening of the panel.

1708.8 A written decision by the panel to affirm or reverse OSSE’s proposed action shall be deemed the final administrative determination.

1708.9 If an educator preparation provider or subject area program fails to request administrative review within fifteen (15) business days of the date of the proposed notice to deny, suspend, or revoke its approval, then OSSE’s intended action shall become OSSE’s final administrative determination.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1708

5-A DCMR § 1709 DATA COLLECTION AND REPORTING

1709.1 OSSE shall annually collect and publicly report data from an educator preparation provider, including:

All data required for collection under the Higher Education Act of 1965, 20 U.S.C. § 1001 (2012);

Educator candidate and program completer demographic information;

Educator candidate and program completer certification information;

Enrolled candidate and recent graduate Praxis or equivalent licensing exams pass rates;

Enrolled candidate and recent graduate employment and placement outcomes; and

Candidate and program completer performance.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1709

5-A DCMR § 1710 ONGOING REPORTING REQUIREMENTS

1710.1 An educator preparation provider or subject area program that is approved by OSSE and is approved by another jurisdiction shall report to OSSE within forty-five (45) days any probation, suspension, denial, or revocation determination by another accreditor, specialized professional association, state, or jurisdiction concerning its accreditation, approval or recognition status for the following reasons:

The provider made a misrepresentation to the public, a program participant, or a potential participant regarding the requirements for program completion or educator credentialing in the state or jurisdiction in which it is approved; or

The provider intentionally obtained or attempted to obtain approval through misrepresentation, fraud, misleading or incomplete information.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1710

5-A DCMR § 1711 PROHIBITED ACTIVITIES AND REPRESENTATIONS

1711.1 An educator preparation provider or subject area program shall not make any representation suggesting that it:

Is approved by the District of Columbia prior to OSSE’s issuance of an initial approval;

Has received renewed approval prior to OSSE’s issuance of a renewal approval;

Is fully approved during a period of approval with stipulations or probationary approval; or

Is approved during a period of suspension.

1711.2 An educator preparation provider or subject area program shall not:

Misrepresent to the public, a program participant, or a potential participant the requirements for program completion or educator credentialing in the District of Columbia; or

Intentionally obtain or attempt to obtain approval through misrepresentation, fraud, misleading or incomplete information.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1711

5-A DCMR § 1712 REQUIREMENTS FOR LOSS OF STATE APPROVAL AND VOLUNTARY CLOSURE

1712.1 An educator preparation provider or subject area program that expects to close due to a decision to voluntarily close or the revocation of its state approval shall submit a written closure plan to OSSE and shall plan for the safekeeping of its records.

1712.2 An educator preparation provider that expects to close shall submit its written closure plan in the form and manner set by OSSE, not less than ninety (90) days before the expected date of closure.

1712.3 A subject area program that expects to close shall provide the educator preparation provider in which it operates with sufficient information such that the educator preparation provider shall:

Notify OSSE of the subject area program’s intent to close not less than forty-five (45) days before the expected date of closure; and

Provide a completed copy of the subject area program closure plan to OSSE not more than fifteen (15) days prior to the date of closure for the subject area program.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1712

5-A DCMR § 1713 FEES

1713.1 Each request for state review and approval under subsections 1704.8, 1704.9, 1706.9, and 1706.10 submitted pursuant to this chapter shall be accompanied by a fee established by OSSE.

1713.2 The fee for an educator preparation provider seeking initial state approval pursuant to section 1704.8 shall be five thousand dollars ($5,000).

1713.3 The fee for an educator preparation provider seeking renewed state approval pursuant to section 1706.9 shall be two thousand five hundred dollars ($2,500).

1713.4 The fee for a subject area program seeking initial state approval pursuant to 1704.9 shall be one thousand dollars ($1,000).

1713.5 The fee for a subject area program seeking renewed state approval pursuant to section 1706.10 shall be five hundred dollars ($500).

1713.6 Fees shall be made payable to the D.C. Treasurer, as specified by OSSE.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1713

5-A DCMR § 1714 WAIVERS

1714.1 OSSE may waive compliance with one (1) or more provisions of sections 1703, 1709, or 1713 of this chapter, if OSSE determines that the following conditions have been satisfied, and the waiver request does not conflict with the intent and purposes of this chapter as determined by OSSE:

The demonstrated immediate economic impact or hardship on the educator preparation provider or subject area program is sufficiently great to make immediate compliance impractical despite diligent efforts; or

The educator preparation provider provides evidence to OSSE demonstrating that it meets or exceeds the intent of the specific regulation for which the waiver is requested in a manner other than that prescribed by the regulation.

1714.2 An educator preparation provider or subject area program may apply for a waiver by submitting a written request to OSSE that shall include the following:

Citation of the section(s) in this chapter for which a waiver is being sought;

The waiver sought;

Clear and convincing evidence of:

The immediate economic impact or hardship on the educator preparation provider or subject area program; or

How the intent of the specific regulation shall be achieved in a manner other than that prescribed by the regulation.

1714.3 Any waiver issued in accordance with Section 1714.1 may be revoked by OSSE at any time with reasonable notice, either upon violation of any condition attached to it, or upon the determination by OSSE that continuance of the waiver is no longer required.

1714.4 OSSE shall provide notification of waiver approval. Any waiver issued shall expire on the date as indicated in the notification of waiver approval.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1714

5-A DCMR § 1799 DEFINITIONS

1799.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Accreditation -- The decision rendered by a national or regional accrediting body for an educator preparation provider affirming that an educator preparation provider meets the body’s standards and requirements.

Alternate Route Organization or Institution -- A type of educator preparation provider in which candidates must possess a baccalaureate degree earned or equivalent to a baccalaureate degree earned in the United States and serve as the teacher of record in a classroom, a school service provider, a school administrator, or participate in a year-long educator preparation residency in a school or local educational agency. An alternate route organization or institution may be based in an Institution of Higher Education or operate independently from an Institution of Higher Education.

Candidate -- An individual enrolled in an educator preparation program who is preparing for or serving in a position as a teacher of record in a school that may serve students from pre-school through adult education.

Educator -- a teacher, school service provider, or school administrator in a District of Columbia school or local educational agency

Educator Preparation Provider -- An institution or organization that offers and directs the training and experiences that may lead to a candidate’s eligibility to apply for an educator credential.

External Accreditor -- A national or regional accreditor whose standards have been approved by the State Board of Education of the District of Columbia.

Graduate -- An individual who has met all the requirements of a state-approved educator preparation program and earned a Bachelor’s or Master’s degree from that program.

Institution of Higher Education -- A college, university, or other postsecondary educational institution authorized to confer degrees or certificates and approved by the Higher Education Licensure Commission to operate in the District of Columbia, in accordance with D.C. § 38-1301 et seq.) and its implementing regulations.

Literacy Instruction -- The teaching and assessment of the ability to talk, listen, read and write, leading to the ability to communicate and learn. Literacy is a combination of skills in vocabulary, receptive and expressive language, phonological awareness, knowledge of print, comprehension and printed materials.

Local Educational Agency (LEA) -- A publicly funded educational institution having administrative control and direction of a public elementary or secondary school in the District of Columbia. As used in this chapter, the term includes the District of Columbia Public Schools and District of Columbia public charter schools.

Performance -- An LEA's determination of a teacher as either effective or ineffective.

Program Completer -- An individual who has met all the program requirements of a state-approved educator preparation provider.

Specialized Professional Association -- A national organization that defines content area standards for a specific subject area program and upon application by a subject area program issues periodic recognition to programs that meet such content standards.

Standard -- The level of programmatic quality and organizational performance to which educator preparation providers and subject area programs are held.

State Superintendent -- The head of OSSE appointed by the Mayor pursuant to D.C. Official Code § 38-2601.

Subject Area Program -- A program that provides a sequence of required courses and experiences for the preparation of candidates to become educators in a specific area, subject, or category and that operates: (i) within an educator preparation provider; or (ii) within an IHE but not under the auspices of an educator preparation provider.

History

SOURCE: Final Rulemaking published at 69 DCR 007389 (June 24, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 1799

5-A21 COMPULSORY EDUCATION AND SCHOOL ATTENDANCE

5-A DCMR § 2100 GENERAL PROVISIONS

2100.1 The legal authority for this chapter is based upon Article II of An Act to provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, effective February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-201 et seq.); Mayor's Order No. 2012-116, dated July 26, 2012; Sections 3(b)(11), 3(b)(15) and 7c of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38- 2602(b)(11), 2602(b)(15) and 2609(c)(2)); Section 403 of the State Board of Education Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-2652(a)(14)).

2100.2 This chapter shall apply to a public educational institution as defined in this chapter to include any elementary or secondary educational program operating in the District of Columbia that is subject to the control or oversight of a local educational agency.

2100.3 Unless otherwise approved by the Office of the State Superintendent of Education (OSSE), a school year for attendance purposes, whether in-person or distance, shall include a minimum of one hundred eighty (180) regular instructional days and the following requirements:

An instructional day shall be at least six (6) hours in length for students, including time allotted for lunch periods, recess, and class breaks;

The six (6) hour minimum instructional day requirement shall not be applicable to an evening school program, adult program, prekindergarten program, or kindergarten program.

2100.4 [Reserved]

2100.5 [Reserved]

2100.6 Daily attendance shall include participation in school-sponsored field trips; participation in an off-site school sponsored or approved activity during a regularly scheduled school day; in-school suspensions; and the number of days a student receives instructional services while expelled or while serving an out-of-school suspension.

History

SOURCE: Final Rulemaking published at 24 DCR 1005 (July 29, 1977); as amended by Final Rulemaking published at 39 DCR 2060 (March 27, 1992); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by Final Rulemaking published at 60 DCR 9725 (June 28, 2013); as amended by Final Rulemaking published at 61 DCR 222 (January 10, 2014); as amended by Final Rulemaking published at 68 DCR 013604 (December 17, 2021); as amended by Final Rulemaking published at 70 DCR 001084 (January 27, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2100

5-A DCMR § 2101 ATTENDANCE RECORDS AND REPORTING

2101.1 Each educational institution operating in the District of Columbia shall maintain an accurate, contemporaneous, and daily attendance record for each student who is enrolled in or who attends the educational institution.

2101.2 (a) Attendance shall be recorded and reported as follows:

The requirement to record and report attendance for a student who is registered in the education institution’s Student Information System shall begin on the educational institution’s first (1st) official school day and continue throughout the school year unless the student:

Officially withdraws from the educational institution;

Fails to attend at least one (1) day of school in the first (1st) three (3) weeks of school without notification to the educational institution for such absence; or

Enrolls in another educational institution; and

Expulsion or suspension of a student during the school year does not relieve the educational institution of the duty to record and report the student’s daily attendance for the school year in which the expulsion or suspension occurred until such time as the student officially withdraws from the educational institution or enrolls in another educational institution; or such time as the educational institution determines that, despite best efforts, it is unable to contact the student’s parent(s) or guardian(s).

(b) Attendance records and reports required by this section shall be maintained by the educational institution for a minimum of five (5) years.

2101.3 The attendance record for each student shall contain the following:

Dates of enrollment;

Daily legible or machine-readable records of daily attendance, noting the student as: fully present, partially present, fully absent, or partially absent;

The nature of each absence as excused, unexcused, suspension-related, or expulsion-related;

Dates of withdrawal from the educational institution or confirmed enrollment in another educational institution, including the name and location of the educational institution in which the student enrolled and follow up notation(s) to confirm the child's new educational institution, if applicable;

Dates of each referral to the school-based student support team, the Child and Family Services Agency, the Court Social Services Division of the Superior Court of the District of Columbia; or the Office of the Attorney General Juvenile Section related to absenteeism or truancy;

Dates of marking periods;

Dates on which a law enforcement officer enforcing compulsory attendance laws returns the student to the educational institution, if applicable;

Daily late arrival time, if applicable;

Dates and times of early dismissals from the school day, as authorized by the educational institution, if applicable;

Dates and brief description of communications with the student’s parent(s) or guardian(s) with regard to school attendance and absences, including the record of or a cross-reference to the record documenting:

Contact with parent(s) or guardian(s); and

Interventions, services, and service referrals related to absences other than those listed in subparagraph (e), if applicable;

Underlying cause(s) for student’s absenteeism or truancy as determined by the school-based student support team;

Action plans and strategies implemented by the school-based student support team to eliminate unexcused absences; and

Services utilized by the student to reduce unexcused absences, if applicable.

2101.4 Prior to the beginning of each school year, an educational institution shall designate an individual to be responsible for collecting, maintaining, and reporting the attendance data required for each student consistent with federal and District requirements. This designated individual shall:

Ensure timely submission of attendance in conformance with this chapter;

Submit corrected attendance records via an automated, electronic feed, or such other format; and provide any corrections to attendance records according to deadlines provided by OSSE; and

Timely respond to requests for clarification of submitted attendance records.

2101.5 The name and contact information of the designated attendance monitor(s) shall be reported by the educational institution prior to the first (1st) official school day of each school year to the Office of the State Superintendent of Education (OSSE) and posted in a conspicuous space on the educational institution’s website.

2101.6 Within sixty (60) days after the completion of each school year, an educational institution shall submit to OSSE the report described in D.C. Official Code § 38- 203(i). Such report shall include attendance information in aggregate form, excluding individual student data.

2101.7 By November 30 of each year, OSSE shall issue a report including the following information:

Truancy rates and chronic absenteeism rates for each educational institution;

Progress in improving attendance and reducing truancy for each educational institution; and

Each educational institution’s compliance with key attendance and truancy

requirements.

2101.8 An educational institution shall maintain attendance records as part of the student’s permanent record and for such periods of time as may be otherwise specified by applicable laws and regulations.

2101.9 Within two (2) business days of a student’s tenth (10th) full day unexcused absence during a school year, the educational institution shall:

[REPEALED];

Send the student’s parent(s) or guardian(s) a letter, under signature of the Chief of the Metropolitan Police Department, notifying the parent(s) or guardian(s) that they may be in violation of the school attendance requirements and subject to prosecution under District of Columbia laws; and

Notify OSSE that the student has accrued ten (10) full day unexcused absences.

2101.10 Upon notification from the educational institution under Section 2101.9, OSSE shall provide the parent(s) or guardian(s) with a copy of the Truancy Prevention Resource Guide published by OSSE.

2101.11 An educational institution that is approved to offer instruction through a distance learning model on a regular or otherwise routine basis must submit an attendance plan to OSSE for approval on an annual basis. This attendance plan shall:

Comply with the instructional day requirements defined in Section 2100.3 by dividing the instructional day into modules;

Identify modules as synchronous or asynchronous;

Require every student to have at least one (1) in-person class or synchronous module on their daily schedule every day;

Identify how the educational institution will document and preserve attendance records that demonstrate compliance with Sections 2101.12 and 2101.13; and

Identify how the educational institution will communicate attendance expectations to parents and guardians, including an expectation for adequate supervision of their child(ren) during distance learning instruction.

2101.12 To be considered present in a synchronous module, a student’s physical presence must be verified by an instructor through a synchronous video camera where the instructor can temporarily visually verify the student’s presence through a responsive action by the student.

2101.13 To be considered present in an asynchronous module, a student must complete an output during the module.

2101.14 For routine distance learning, a student shall be marked “fully present” if the student satisfies the requirements in 2101.12 for one hundred percent (100%) of the instructional day’s synchronous modules and satisfies the requirements in 2101.13 for one hundred percent (100%) of the instructional day’s asynchronous modules.

2101.15 For routine distance learning, a student shall be marked “partially present” if the student:

Is present for at least one (1) or synchronous module, as defined in 2101.12; and

Is present for modules that account for between sixty percent (60%) and ninety-nine and nine tenths percent (99.9%) of the instructional day.

2101.16 For routine distance learning, a student shall be marked “partially absent” if the student:

Is present for at least one (1) asynchronous module but absent for all synchronous modules scheduled on that day, or

Is marked as present for modules that account for between one percent (1%) and fifty-nine and nine tenths percent (59.9%) of the instructional day.

2101.17 For routine distance learning, a student shall be marked as “fully absent” if the student is marked as present for zero percent (0%) of the instructional day.

2101.18 For situational distance learning, the educational institution shall comply with the following standards:

To mark a student as “present,” the educational institution shall, at a minimum, require:

An instructor to verify the student’s presence through one-on-one contact with the student, including but not limited to a phone call, through a synchronous video platform, or through the educational institution’s learning management system; and

The student to complete at least one (1) output for the instructional day;

Document and preserve attendance records that demonstrate compliance with Section 2101.18(a); and

Communicate attendance expectations to parents and guardians, including but not limited to an expectation for adequate supervision of their child(ren) during situational distance learning.

History

SOURCE: Final Rulemaking published at 24 DCR 1005 (July 29, 1977); as amended by Final Rulemaking published at 40 DCR 1573 (February 26, 1993); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by § 304 of the South Capitol Street Memorial Amendment Act of 2012, effective June 7, 2012 (D.C. Law 19-141; 59 DCR 3083, 3087 (April 20, 2012)); as amended by Final Rulemaking published at 60 DCR 9725 (June 28, 2013); as amended by Final Rulemaking published at 61 DCR 222 (January 10, 2014); as amended by the School Attendance Clarification Amendment Act of 2016, effective July 26, 2016 (D.C. Law 21-0140; 63 DCR 8207 (June 10, 2016)); as amended by Final Rulemaking published at 68 DCR 2076 (February 19, 2021); as amended by Final Rulemaking published at 68 DCR 013604 (December 17, 2021); as amended by Final Rulemaking published at 70 DCR 001084 (January 27, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2101

5-A DCMR § 2102 ABSENCES

2102.1 Any absence, including an absence from any portion of the instructional day, without a valid excuse shall be presumed to be an unexcused absence.

2102.2 An educational institution shall define categories of valid excuses for an absence, which shall include the following categories:

Illness or other bona fide medical cause experienced by the student;

Exclusion, by direction of the authorities of the District of Columbia, due to quarantine, contagious disease, infection, infestation, or other condition requiring separation from other students for medical or health reasons;

Death in the student’s family;

Necessity for a student to attend a judicial proceeding, administrative proceeding, or court-ordered event or activity during school hours as a party to the action or under subpoena;

Observance of a religious holiday;

Lawful suspension or exclusion from school by school authorities;

Temporary suspension of classes due to severe weather, official activities, holidays, malfunctioning equipment, unsafe or unsanitary conditions, or other condition(s) or emergency requiring a temporary suspension of classes;

Failure of the District of Columbia to provide transportation in cases where the District of Columbia has a legal responsibility for the transportation of the student;

Medical or dental appointments for the student;

Absences to allow students to visit their parent or guardian, who is in the military during, immediately before, or immediately after deployment; and

An emergency or other circumstances approved by an educational institution.

2102.3 An educational institution shall publish and make available to students, parents, and guardians the attendance policies and procedures of the educational institution, including a list of valid excused absences.

2102.4 An educational institution shall obtain an explanation from the student’s parent or guardian verifying the reason for an absence within no more than five (5) days upon the student’s return to school, otherwise the absence shall be deemed unexcused.

2102.5 If a student is receiving home or hospital instruction in accordance with D.C. Official Code § 38-251.01 et seq. and Chapter 25, Subtitle A, of Title 5 of the District of Columbia Municipal Regulations, the LEA shall maintain the student on the regular attendance roll and count the student as medically excused, except when a student is not available for home or hospital instruction, in which event the student may be counted by the LEA as absent.

History

SOURCE: Final Rulemaking published at 24 DCR 1005 (July 29, 1977); as amended by Final Rulemaking published at 32 DCR 3668 (June 28, 1985); as amended by Final Rulemaking published at 39 DCR 1218 (February 28, 1992); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by Final Rulemaking published at 60 DCR 9725 (June 28, 2013); as amended by the School Attendance Clarification Amendment Act of 2016, effective July 26, 2016 (D.C. Law 21-0140; 63 DCR 8207 (June 10, 2016)); as amended by Final Rulemaking published at 70 DCR 001084 (January 27, 2023); as amended by Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2102

5-A DCMR § 2103 ABSENTEE INTERVENTION AND SCHOOL-BASED STUDENT SUPPORT TEAMS

2103.1 An educational institution shall implement a specific protocol for absenteeism (absenteeism protocol) including a focus on preventing unexcused absences and academic and behavioral interventions to address the needs of students.

2103.2 Each educational institution shall incorporate evidence-based practice(s) into its absenteeism protocol, considering procedures to address the following:

A description of valid excused absences consistent with this chapter;

A process for informing, training, and educating school staff, students, parents, guardians, and the community with regard to enhancing school attendance, implementing truancy reduction methods, administering attendance policies and procedures, and, when applicable, collaborating with related service providers; and

Procedures for monitoring, reporting, addressing, and evaluating attendance and absences consistent with District of Columbia attendance and absence reporting requirements including:

A procedure requiring reasonable and diligent attempts to make personal contact with the parent(s) or guardian(s) of a student, or the adult student, as applicable, on the same day, and each time, a student has the equivalent of one (1) day of unexcused absence, with daily follow-ups as necessary;

A continuum of school practices and services, which shall not include off-site suspension or expulsion as intervention strategies, but shall include:

Meaningful supports, incentives, intervention strategies, and consequences for dealing with absenteeism; and

Consultation with parent(s) or guardian(s), both at the onset of absenteeism and in those circumstances where chronic absenteeism persists;

A referral process whereby, within two (2) school days after a student has accumulated five (5) full day unexcused absences in one (1) marking period or other similar time frame, the student shall be referred to a school-based student support team which will meet within five (5) school days of the referral and regularly thereafter to:

Review and address the student's attendance and determine the underlying cause(s) for the student's unexcused absences;

Employ reasonable and diligent efforts to communicate and to collaborate with the student and the student’s parent(s) or guardian(s);

Communicate and collaborate with the student's existing Individualized Education Program (IEP) team, as applicable;

Provide timely response to the student's truant behavior;

Make recommendations for academic, diagnostic, or social work services, as applicable;

Use school and/or community resources to abate the student's truancy, including referral to a community-based organization when available; and

Develop and implement an action plan in consultation with the student and student’s parent(s) or guardian(s);

The school-based student support team assigned to a student who accumulates ten (10) full day unexcused absences during a school year shall notify the school administrator within two (2) school days after the tenth (10th) full day unexcused absence with a plan for immediate intervention, including delivery of community-based programs and any other assistance or services to identify and address the student’s needs on an emergency basis;

A process including specific due process procedures, for a parent, guardian, or student to appeal any attendance violation decisions

made by the educational institution; and

A process to ensure that the educational institution maintains complete, accurate, and contemporaneous records of the work of the school-based student support team to reduce unexcused absences, including records of all meetings that take place after a student accumulates five (5) or more full day unexcused absences in one (1) marking period or other similar time frame and after a student accumulates ten (10) unexcused absences at any time during a school year.

2103.3 In addition to the report required at the end of each school year pursuant to D.C. Official Code § 38-203(i), an educational institution shall provide to OSSE, upon request, student-level data and records evidencing the work of school-based student support teams.

2103.4 A school-based student support team shall be guided by the following principles:

Prior to performing school-based student support team functions, appointed team members shall be provided training on the compulsory attendance laws, regulations, and policies of the District of Columbia and OSSE; absenteeism and truancy intervention strategies and best practices; and available remedies and services to ameliorate the causes of absenteeism and truancy;

A school-based student support team shall include the educational institution's designated attendance monitor(s);

Core school-based student support team membership should typically include a:

General education teacher;

School nurse, psychologist, counselor, and/or social worker, if applicable; and

School administrator with decision-making authority.

Selection of additional members of a team should be guided by the needs of the particular student, which may include the following:

IDEA/Section 504 coordinator and/or special education personnel;

Early learning/Head Start teacher;

Bilingual or English as a second language teacher;

Representatives of the Child and Family Services Agency and/or Department of Youth Rehabilitation Services;

McKinney-Vento homeless liaison; and/or

Guardian ad litem.

2103.5 Each educational institution shall develop a process to refer students to District of Columbia entities under the following circumstances:

Students ages five (5) through thirteen (13) shall be referred by the educational institution to the Child and Family Services Agency not later than two (2) business days after the accrual of ten (10) full day unexcused absences within a school year; and

Students ages fourteen (14) through seventeen (17) shall be referred by the educational institution to the Court Social Services Division of the Superior Court of the District of Columbia and to the Office of Attorney General Juvenile Section no later than two (2) business days after the accrual of fifteen (15) full day unexcused absences within a school year.

2103.6 Copies of the following documents shall be provided with a referral made pursuant to this chapter:

The student’s attendance and absence record;

The student’s action plan;

Documentation related to referrals and outcome of such referrals;

Documentation representing evidence of communications, services, and attendance related interventions taken by the school;

Documentation of suspected educational neglect;

Documentation of personal contacts with, and written notification to, parent(s) or guardian(s) with regard to the unexcused absences; and

If applicable, the student's Individualized Education Program pursuant to IDEA or Section 504 services plan, with any supporting evaluations or assessments.

History

SOURCE: Final Rulemaking published at 40 DCR 1573 (February 26, 1993); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by § 304 of the South Capitol Street Memorial Amendment Act of 2012, effective June 7, 2012, D.C. Law 19-141, 59 DCR 3083, 3087 (April 20, 2012); as amended by Final Rulemaking published at 60 DCR 9725 (June 28, 2013); as amended by Final Rulemaking published at 61 DCR 222 (January 10, 2014); as amended by Final Rulemaking published at 70 DCR 001084 (January 27, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2103

5-A DCMR § 2104 REPORTING REQUIREMENTS

2104.1 An educational institution shall submit to the Office of the State Superintendent of Education, upon request, information relating to attendance and compulsory education in conformance with this chapter.

2104.2 Each educational institution subject to this chapter shall provide to the State Superintendent of Education, upon request, information relating to a report of enrollments and withdrawals in conformance with D.C. Official Code §38-205.

2104.3 The reports required under this chapter shall, to the extent practicable, conform to the format requested by the Office of the State Superintendent of Education and include the name, address, sex, date of birth, and student identification number as appropriate, of each minor residing permanently or temporarily in the District of Columbia who enrolls in, withdraws from, or transfers from an educational institution.

2104.4 An educational institution shall notify the Office of the State Superintendent of Education immediately upon information, reason, or belief that a student of compulsory attendance age, as defined by D.C. Official Code § 38-202(a), who has been withdrawn from a school has not been re-enrolled in a school following withdrawal from school or is not receiving private instruction.

History

SOURCE: Notice of Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by Final Rulemaking published at 70 DCR 001084 (January 27, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2104

5-A DCMR § 2199 DEFINITIONS

2199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

“Absence” -- a school day when a student is either fully absent or partially

absent.

“Absenteeism” -- a pattern of a high frequency of absences.

“Action plan” -- a written document that is designed to meet the individual and specialized needs of the student and contains the relevant details of the student's attendance record, the school-based or third-party-provided interventions toward addressing the underlying causes of unexcused absences as determined by the school-based student support team, and expected attendance goals.

“Asynchronous” -- non-simultaneous distance instruction where a student completes work independently without a teacher providing real time instruction.

“Attendance monitor” -- the person(s) designated by the principal or chief school administrator of an educational institution to be responsible for collecting, maintaining, and reporting attendance records that are required pursuant to District of Columbia compulsory education and school attendance laws, regulations, and OSSE policies for each student enrolled in the educational institution.

“Chronic absenteeism” -- the incidence of a student missing more than 10 percent of instructional school days, including excused and unexcused absences.

“Chronic truancy rate” -- the incidence of students of compulsory attendance age, as defined by D.C. Official Code § 38-202(a), enrolled at a school at any point in a given school year who are absent without a valid excuse on ten (10) or more occasions within a single school year, divided by the total number of students of compulsory attendance age ever enrolled during the corresponding school year.

“Chronically truant” -- a student of compulsory attendance age, as defined by D.C. Official Code § 38-202(a), who is absent from school without a legitimate excuse for ten (10) or more days within a single school year.

“Consultation” -- a meeting or conversation between the school-based student support team of an educational institution and a student’s parent(s) or guardian(s) in which the team, on the part of the educational institution, engages in meaningful discussions about the issues underlying the student’s absenteeism prior to making any decision about action plans, interventions, or services to address the student's absenteeism.

“Distance” -- instruction that takes place when the student is not physically present in the educational institution in which the student is enrolled or where the student is assigned to attend.

“Educational institution” -- a school in the District of Columbia Public Schools system, or a public charter school.

“Educational neglect” -- the failure of a parent or guardian to ensure that a child attends school consistent with the requirements of the law including, without limitation, the failure to enroll a student of compulsory attendance age, as defined by D.C. Official Code § 38-202(a), in an educational institution or provide appropriate private instruction; permitting chronic absenteeism from school; inattention to special education needs; refusal to allow or failure to obtain recommended remedial education services; or the failure to obtain treatment or other special education services without reasonable cause.

“Elementary/secondary educational program” -- a course of instruction and study from and including pre-Kindergarten through the end of high school, any portion thereof, or its equivalent. This does not include an adult education or evening school program.

“Enrollment” -- a process through which a student obtains admission to a District of Columbia Public School or District of Columbia public charter school that includes, at a minimum the following stages:

Application by student to attend the school;

Acceptance and notification of an available slot to the student by the school;

Acceptance of the offered slot by the student (signified by completion of enrollment forms and, for minor students, parent or guardian signature on a “letter of enrollment agreement form”);

Registration of the student in the Student Information System (SIS) by school upon receipt of required enrollment forms and letter of enrollment agreement; and

Receipt of educational services, which are deemed to begin on the first official school day.

The LEA’s obligation to determine eligibility for special education services or to provide special education services on an existing IEP is triggered upon completion of registration (stage 4).

“Full school day” -- the entirety of the instructional hours regularly provided on a single school day.

“Fully absent” -- the designation for a school day when a student is not in attendance for the entire instructional day. This designation applies to both excused and unexcused full school day absences.

“Fully present” -- the designation for a school day when a student is present for the entire instructional day.

“IDEA” -- the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 191; 20 U.S.C. § 1400 et seq.).

“In-person” -- instruction that takes place when the student is physically present in the educational institution in which the student is enrolled or at the specified off-site in-person learning location.

“Late arrival” -- arrival by a student at the educational institution after the official start of the school day as defined by the educational institution.

“LEA” or “Local Educational Agency” -- the District of Columbia Public Schools or a District of Columbia public charter school operator.

“Marking period” -- a portion of a school year between two dates, at the conclusion of which period students are graded or marked.

“McKinney-Vento” -- the McKinney-Vento Homeless Assistance Act, approved July 22, 1987 (101 Stat. 482; 42 U.S.C. §§ 11431-11435).

“Module” -- A subdivision of the instructional day (as defined in 5-A DCMR § 2100.3) for distance learning.

“Office of the State Superintendent of Education” -- The State Education Agency (SEA) for the District of Columbia established by the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Official Code §§ 38-2601 et seq.), with all operational authority for state-level functions, except that delegated to the State Board of Education in D.C. Official Code § 38-2652.

“OSSE” -- the Office of the State Superintendent of Education.

“Output” -- an instructional activity completed by the student during a module of distance learning that reflects the instruction delivered in that module.

“Parent” -- a parent, guardian, or other person who resides in the District of Columbia and who has legal custody or control of a minor.

“Partially absent” -- the designation for a school day when a student is present for less than sixty percent (60%) of the instructional day but did attend at least part of the school day. This designation applies to both excused and unexcused absence.

“Partially present” -- the designation for a school day when a student is present for at least sixty percent (60%) of the instructional day but not the full day, regardless of whether the absent period was excused.

“Present” -- a school day when the student is either fully present or partially present.

“Routine distance” -- the use of distance instruction by a school on a regular or otherwise routine and predictable, nonemergency, basis.

“Section 504” -- Section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794).

“STEM” -- educational instruction in science, technology, engineering, and mathematics.

“Situational distance” -- the use of distance instruction by a school otherwise providing in-person instruction to address a temporary, emergency need.

“Synchronous” -- in synchronous modules, teaching and learning occur simultaneously such that the teacher is able to react and respond to students in the moment and vice-versa.

“Truant” -- a student of compulsory attendance age, as defined by D.C. Official Code § 38-202(a), who is not in attendance for an entire instructional school day without a valid excuse for absence pursuant to Section 2102.2 of this chapter.

“Truancy” -- the act or pattern of being truant from school for an entire instructional school day without a valid excuse (an unexcused full school day absence).

“Unexcused absence” -- the designation of a day when a student is either fully absent or partially absent without a valid excuse.

History

SOURCE: Final Rulemaking published at 47 DCR 989 (February 18, 2000); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by Final Rulemaking published at 60 DCR 9725 (June 28, 2013); as amended by Final Rulemaking published at 61 DCR 222 (January 10, 2014); as amended by the School Attendance Clarification Amendment Act of 2016, effective July 26, 2016 (D.C. Law 21-0140; 63 DCR 8207 (June 10, 2016)); as amended by Final Rulemaking published at 68 DCR 013604 (December 17, 2021); as amended by Final Rulemaking published at 70 DCR 001084 (January 27, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2199

5-A22 GRADUATION

5-A DCMR § 2201 STATE DIPLOMA

2201.1 A resident who has successfully passed 2014 Series General Educational Development (GED®) test in compliance with Title 5-E DCMR §§ 2320 et seq., (General Educational Development (GED®) Testing), or successfully completed the requirements of the National External Diploma Program (NEDP), shall be eligible for a state diploma from the Office of the State Superintendent of Education.

2201.2 The diploma of a resident eligible under § 2201.1 shall bear the signature of the State Superintendent of Education and the seal of the Office of the State Superintendent of Education.

2201.3 A diploma granted pursuant to § 2201.1 shall be recognized as equivalent to a high school diploma granted pursuant to Title 5-E DCMR § 2203 (Graduation: Academic Requirements).

2201.4 Pursuant to the regulatory requirements of the United States Department of Education (34 C.F.R. § 200.19), a state diploma provided for passing the GED® test or successfully completing the NEDP shall not be included in the District’s calculation of the adjusted cohort graduation rate.

History

SOURCE: Final Rulemaking at 63 DCR 1249 (February 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2201

5-A DCMR § 2203 ACADEMIC REQUIREMENTS

2203.1 The course work set forth in Subsections 2203.3 shall be required of students who enrolled in ninth (9th) grade in school year 2007-2008 and thereafter in order to be certified as eligible to receive a high school diploma.

2203.2 At the beginning of the ninth (9th) grade, students shall develop a graduation plan pacing the courses they will take to complete high school. This shall be done with the assistance of the school counselor or other school official designated by the local education agency (LEA).

2203.3 (a) A total of twenty-four (24) Carnegie Units in corresponding subjects and required volunteer community service hours shall have been satisfactorily completed for graduation.

(b) The following Carnegie Units in the following subjects shall be required:

COURSES

UNIT(S)

English

4.0

Mathematics; must include Algebra 1, Geometry, and Algebra II at a minimum

4.0

Science; must include three (3) lab sciences

4.0

Social Studies; must include World History 1 and 2, United States History; United States Government, and District of Columbia History

4.0

World Language

2.0

Art

0.5

Music

0.5

Physical Education/Health

1.5

Electives

3.5

Total

24.0

(c) At least two (2) of the twenty four (24) Carnegie Units for graduation must include a College Level or Career Preparatory (CLCP) course approved by the LEA and successfully completed by the student. The course may fulfill subject matter or elective unit requirements as deemed appropriate by the LEA. CLCP courses approved by the LEA may include courses at other institutions.

(d) All students must enroll in Algebra I no later than tenth (10th) grade commencing with the 2016-2017 school year, unless the school is approved for a waiver pursuant to Subsection 2203.7.

(e) For all students entering the ninth (9th) grade beginning school year 2009-2010, one (1) of the three (3) lab science units, required by paragraph (a) of this subsection, shall be a course in Biology.

(f) In addition to the twenty-four (24) Carnegie Units, community service shall be satisfactorily completed for graduation as set forth in § 2203.12.

(g) One and one half (1.5) Carnegie Units in health and physical education shall not be required for the evening program high school diploma.

2203.4 An LEA may establish specialized or career-focused programs or courses of study, which lead to the high school diploma in accordance with Subsection 2203.3. These courses of study can include academic, performing arts, science and mathematics, and career or vocational education focuses or other areas of concentration. The programs or courses of study may require additional coursework.

2203.5 Electives taken to fulfill the requirements of Subsection 2203.4 shall be required to be taken in courses established by the LEA for each area of concentration in order to receive certification in the area of concentration.

2203.6 Each student who completes the requirements for specialized or career focused courses of study established under Subsection 2203.4 shall receive appropriate recognition on the student's diploma.

2203.7 Beginning with School Year 2016-2017:

The District of Columbia Public Schools (“DCPS”) or the Public Charter School Board (“PCSB”) may waive the Carnegie Unit requirement set forth in Subsection 2203.3 for a school seeking to award competency-based unit(s), as defined in this chapter, accordingly:

A school that seeks a waiver from the Carnegie Unit requirement to award competency-based unit(s) shall submit an application to either the DCPS or PCSB. If a charter school is part of an LEA, the application must be submitted to the PCSB through the LEA;

Applications for a waiver to award competency-based unit(s) shall be in the format established by the Office of the State Superintendent of Education (“OSSE”) and contain the information required by OSSE; and

The DCPS or PCSB, respectively, shall review the school’s application in accordance with the standards and requirements established by OSSE. If the school’s application meets the standards and requirements established by OSSE, the DCPS or PCSB, respectively shall approve the school’s application for a waiver to award competency-based unit(s);

(b) [RESERVED]

(c) OSSE shall make publicly available aggregated evidence of annual implementation of Subsections 2203.7(a) in a summative report no later than three years after initial implementation, and annually thereafter, to share best practices and lessons learned from implementation.

2203.8 A student with special needs who does not achieve a diploma, as set forth in Subsection 2203.3 shall be eligible to receive an Individual Educational Program (IEP) Certificate of Completion. The decision to pursue a program leading to an IEP Certificate of Completion shall be made by the IEP team including the parent(s) and where possible, the student. The decision shall be made no earlier than the ninth (9th) grade and shall be attached in writing to the student’s IEP. An LEA shall comply with the requirements of the Individuals with Disabilities Education Act of 2004 (20 U.S.C. §§ 1400 et seq.) (IDEA) and District law with regard to appropriate transition assessments.

2203.9 [REPEALED]

2203.10 [REPEALED]

2203.11 [REPEALED]

2203.12 (a) The following community service requirement, referred to in § 2203.3(f), shall be satisfactorily completed for graduation, except as provided in paragraph (b):

Students graduating in 2023 shall satisfactorily complete a minimum of twelve (12) hours of community service to graduate;

Students graduating in 2024 shall satisfactorily complete a minimum of fifty (50) hours of community service to graduate;

Students graduating in 2025 shall satisfactorily complete a minimum of seventy-five (75) hours of community service to graduate; and

Students graduating in 2026 or thereafter shall satisfactorily complete a minimum of one hundred (100) hours of community service to graduate.

(b) High school students who transfer to a District of Columbia local education agency (LEA) from a school outside of a District of Columbia LEA shall satisfactorily complete the following number of community service hours:

Students who transfer during their senior year shall have the community service graduation requirement waived;

Students who transfer during their junior year or as rising seniors shall have to satisfactorily complete twenty-five (25) hours of community service;

Students who transfer during their sophomore year or as rising juniors shall have to satisfactorily complete fifty (50) hours of community service; and

Students who transfer during their freshman year shall have to satisfactorily complete seventy-five (75) hours of community service;

(c) A District of Columbia LEA that enrolls a student transferring from another District of Columbia LEA shall accept all community service hours approved by the prior LEA.

(d) The specific volunteer projects eligible to satisfy the community service requirement shall be approved by the LEA. LEAs shall approve unpaid community service conducted in person or virtually that is intended to provide a societal benefit through activities organized by the school, organized by students, or organized by individuals outside the school, including through a government, non-profit, or for-profit entity.

History

SOURCE: Final Rulemaking published at 63 DCR 5221 (April 8, 2016); as amended by Errata Notice published at 70 DCR 014192 (October 27, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2203

5-A DCMR § 2299 DEFINITIONS

2299.1 When used in this chapter, the following terms shall have the ascribed meanings:

“Carnegie Unit” - one hundred and twenty (120) hours of classroom instruction over the course of an academic year.

“Competency-based Unit” - a unit equivalent to a Carnegie Unit that is earned toward graduation for successful completion of an approved competency-based learning course or course series per Subsection 2203.7.

“Local Education Agency” - pursuant to Section 9101 of the No Child Left Behind Act of 2001, approved January 8, 2002 (115 Stat. 1956; 20 U.S.C. § 7801(26)(A)), a public board of education or other public authority legally constituted within a state for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a state, or of or for a combination of school districts or counties that is recognized in a state as an administrative agency for its public elementary schools or secondary schools.

“Office of the State Superintendent of Education” or “OSSE” - the District of Columbia state level education agency established by Section 302(a) of the Public Education Reform Amendment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-2601 (2012 Repl.)).

“School” - means a school within the District of Columbia Public School system or a public charter school in the District of Columbia.

History

SOURCE: Final Rulemaking published at 63 DCR 5221 (April 8, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2299

5-A23 STATE-WIDE ACADEMIC ASSESSMENTS

5-A DCMR § 2300 ADMINISTRATION OF STATE-WIDE ACADEMIC ASSESSMENTS

2300.1 The State Superintendent shall establish and implement an annual State-wide program for academic assessments.

2300.2 The State Superintendent shall publicize the schedule for State-wide academic assessments prior to the beginning of each school year. All schools shall follow the schedule announced by the State Superintendent.

2300.3 The state-wide assessment program shall be administered each school year in conformance with guidelines established by the State Superintendent to include, at a minimum, the testing and reporting of results for all students enrolled in the District of Columbia Public Schools system and public charter schools who participated in the state-wide assessment program that year.

2300.4 The State-wide assessment program shall be aligned to the District of Columbia state-level content standards, including without limitation, content standards in English language arts, mathematics, and science.

History

SOURCE: Final Rulemaking at 56 DCR 4101 (May 22, 2009); as amended by Final Rulemaking published at 62 DCR 15676 (December 4, 2015). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2300

5-A DCMR § 2301 PARTICIPATION IN STATE-WIDE ACADEMIC ASSESSMENTS

2301.1 All students enrolled in grades three (3) through eight (8) shall participate in the state-wide mathematics and English language arts assessments.

2301.2 All students enrolled in grades five (5) and eight (8) shall participate in the state-wide science assessment.

2301.3 All students enrolled in grades nine (9) through twelve (12) shall participate in the state-wide mathematics assessment and English language arts assessment at least once in high school, as appropriate to the student’s curricula and course progression or as determined by OSSE.

2301.4 All students enrolled in grades nine (9) through twelve (12) shall participate in the state-wide science assessment. Students shall take the assessment at least once in high school, as appropriate to their curricula and course progression or as determined by OSSE.

2301.5 The State Superintendent shall issue guidance annually to prescribe how students enrolled in grades nine (9) through twelve (12) are selected to participate in the state-wide assessments under this chapter.

2301.6 All District of Columbia students enrolled in nonpublic schools and receiving educational services funded by the District of Columbia shall participate in the annual academic assessments administered by the District of Columbia in conformance with this chapter. Wards of the District of Columbia receiving educational services funded by the District of Columbia, living outside the District of Columbia and attending a public school in another jurisdiction shall be exempt from participating in the District of Columbia’s statewide academic assessment, provided they participate in the statewide system of assessment in the jurisdiction in which they are enrolled.

2301.7 The State Superintendent shall issue guidance to prescribe how students with disabilities and English language learners are to be assessed under this chapter, including the use of appropriate testing accommodations.

History

SOURCE: Final Rulemaking at 56 DCR 4101 (May 22, 2009); as amended by Final Rulemaking published at 62 DCR 15676 (December 4, 2015). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2301

5-A DCMR § 2302 REPORTING OF ASSESSMENT RESULTS

2302.1 The State Superintendent shall publish annually the results of the State-wide testing based upon the assessment data.

2302.2 Summary reports of State-wide testing results shall be prepared and distributed by the Office of the State Superintendent of Education.

2302.3 Individual student test results shall be available to the parent or guardian of a student, and to an adult student.

2302.4 Any data that identifies individual student information shall be reported or made public in conformance with District and federal laws.

History

SOURCE: Final Rulemaking at 56 DCR 4101 (May 22, 2009). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2302

5-A DCMR § 2399 DEFINITIONS

Public Charter School means a public school in the District of Columbia approved by an eligible chartering authority including the District of Columbia Public Charter School Board or any entity authorized as an eligible chartering authority in the District of Columbia.

Public school means a school within the District of Columbia Public School system or a public charter school in the District of Columbia.

State Superintendent means the State Superintendent of Education for the District of Columbia.

State-wide means District-wide.

History

SOURCE: Final Rulemaking at 56 DCR 4101 (May 22, 2009). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2399

5-A24 DUAL ENROLLMENT PROGRAM REGULATIONS

5-A DCMR § 2400 DUAL ENROLLMENT PROGRAMS

2400.1 A dual enrollment program is a program through which an eligible District of Columbia high school or adult education student can enroll in an approved college course at an institution of higher education and have the opportunity to earn college credit for successfully completing the course while working toward their secondary credential.

2400.2 Dual enrollment programs may be offered in various settings, including in-person at a high school, adult charter school, or campus of an institution of higher education; using an online or virtual learning platform offered by the institution of higher education; or through a hybrid of in-person and virtual settings.

2400.3 No dual enrollment program shall be operated by a District of Columbia local education agency or institution of higher education, or facilitated by a third-party partner, except as authorized by, and in compliance, with, this chapter.

History

SOURCE: Final Rulemaking published at 59 DCR 1141 (September 28, 2012); as amended by Final Rulemaking published at 72 DCR 000906 (January 31, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2400

5-A DCMR § 2401 STUDENT ELIGIBILITY

2401.1 To be eligible to participate in a dual enrollment program, a student must:

(a) Be enrolled in a traditional public high school, public charter high school, alternative high school, or adult charter school of a District of Columbia local education agency (LEA) that is participating in an approved dual enrollment program;

(b) Be working towards a secondary academic credential (as defined in 5-A DCMR §7599); and

History

SOURCE: Final Rulemaking published at 59 DCR 1141, 1142 (September 28, 2012); as amended by Final Rulemaking published at 72 DCR 000906 (January 31, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2401

5-A DCMR § 2402 DUAL ENROLLMENT PARTNERSHIP AGREEMENT

2402.1 To create a dual enrollment program, OSSE or an LEA(s) must establish a Dual Enrollment Partnership Agreement with an institution of higher education (IHE) or a third-party partner in a form prescribed by OSSE.

2402.2 A Dual Enrollment Partnership Agreement shall specify the terms of the dual enrollment program, including mutually-agreed upon:

(a) Student eligibility requirements;

(b) Student selection process;

(d) Student supports;

(e) Student obligations and requirements (e.g., code of conduct, attendance, and behavior expectations);

(f) Rights and responsibilities assigned to parties such as the partnering LEA(s), partnering IHE(s), third-party partner(s), participating students, and participating students’ parents or guardians, including but not limited to:

(1) Data sharing and data privacy expectations;

(2) Requirements for reporting and programmatic audit and evaluation purposes;

(3) LEA responsibility to notify parents that employees of institutions of higher education and third-party partners are not subject to the criminal background checks that are applicable to the elementary and secondary school environment; and

(4) Funding and cost sharing requirements; and

(g) Information on program offerings available from IHEs or third-party partners, including but not limited to course offerings, locations, and credit opportunities, or the location where this information may be found.

2402.3 Unless otherwise stipulated in the Dual Enrollment Partnership Agreement, an institution of higher education partnering with OSSE, an LEA, or a third-party partner shall not be required to admit or enroll students in a dual enrollment course.

2402.4 (a) A proposed Dual Enrollment Partnership Agreement between an LEA(s) and an IHE(s), or between an LEA(s) and a third-party partner, must be approved by OSSE before the proposed dual enrollment program may operate.

(b) Each such proposed Dual Enrollment Partnership Agreement shall be submitted to OSSE no less than forty-five (45) calendar days before the start of the proposed dual enrollment program.

History

SOURCE: Final Rulemaking published at 59 DCR 1141, 1142 (September 28, 2012); as amended by Final Rulemaking published at 72 DCR 000906 (January 31, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2402

5-A DCMR § 2403 OPERATIONAL REQUIREMENTS

2403.1 No student shall be charged for tuition, books, fees, or other associated costs to enroll in coursework offered within the dual enrollment program.

2403.2 LEAs shall include dual enrollment courses, grades, and credits awarded on the student’s high school transcript.

2403.3 LEAs may calculate a student’s grade point average for dual enrollment courses using grade point equivalents no greater than those for Advanced Placement or International Baccalaureate courses, as outlined in §2200.7 of subtitle E of this title.

2403.4 LEAs with a school participating in publicly funded dual enrollment programs must implement a plan to notify all students and their parents of the availability of dual enrollment programming and the qualifications for enrolling.

2403.5 IHEs participating in a Dual Enrollment Partnership Agreement with an LEA, OSSE, or a third-party partner must be accredited and licensed, or authorized as required by the appropriate governing and licensing bodies having jurisdiction over each respective IHE. Further, participating IHEs must remain in compliance with their accrediting and licensing bodies during their participation in the dual enrollment program.

History

SOURCE: Final Rulemaking published at 59 DCR 1141, 1142 (September 28, 2012); as amended by Final Rulemaking published at 72 DCR 000906 (January 31, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2403

5-A DCMR § 2404 COMPLIANCE, MONITORING, AND RECORDKEEPING

2404.1 Any LEA that implements a dual enrollment program shall provide information on the operation of the program, and on student participation in the program, to OSSE in a manner prescribed by a dual enrollment data collection policy to be issued by OSSE.

2404.2 OSSE may issue document and record retention requirements applicable to Dual Enrollment Partnership Agreement participants.

History

SOURCE: Final Rulemaking published at 59 DCR 1141, 1142 (September 28, 2012); as amended by Final Rulemaking published at 72 DCR 000906 (January 31, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2404

5-A DCMR § 2499 DEFINITIONS

2499.1 For the purposes of this chapter, the following terms shall have the meanings ascribed:

IHE – an institution of higher education.

Institution of higher education – an accredited, public or not-for-profit, two- or four-year degree granting college or university duly licensed to operate (or exempt from licensure) in the District of Columbia.

LEA – a local education agency.

Local education agency – an entity that operates a public school in the District of Columbia offering primary or secondary education, including the District of Columbia Public Schools and an individual or group of public charter schools operating under a single charter.

OSSE – the Office of the State Superintendent of Education.

Third-party partner – an entity other than an LEA or IHE, such as an organization that is a service provider or vendor approved by a District of Columbia LEA, that facilitates student access to a dual enrollment program between the student’s LEA and an institution of higher education.

History

SOURCE: Final Rulemaking published at 59 DCR 1141, 1143 (September 28, 2012); as amended by Final Rulemaking published at 72 DCR 000906 (January 31, 2025). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2499

5-A25 STUDENTS’ RIGHT TO HOME AND HOSPITAL INSTRUCTION

5-A DCMR § 2500 AUTHORITY AND PURPOSE

2500.1 This chapter is authorized by the Students’ Right to Home or Hospital Instruction Act of 2020, effective March 16, 2021 (D.C. Law 23-204, D.C. Official Code §§ 38-251.01 – 38-251.10)).

2500.2 The purpose of this chapter is to establish the requirements applicable to District of Columbia public schools and public charter schools for the adoption and implementation of a home and hospital instruction program that provides academic instruction and support to students who have been or will be absent from their school of enrollment for ten (10) or more consecutive or cumulative school days during a school year due to a health condition and to establish an appeal and mediation process, to be administered by the Office of the State Superintendent of Education (OSSE), for the approval or denial of an application for home or hospital instruction by the student’s local educational agency (LEA).

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2500

5-A DCMR § 2501 HOME AND HOSPITAL INSTRUCTION PROGRAM

2501.1 Beginning in school year 2022-23, every LEA shall adopt and implement a home and hospital instruction program.

2501.2 An LEA’s home and hospital instruction program shall:

Be designed by the LEA to promote a participating student’s academic progress, allow the student to stay current with classroom instruction in core subjects to the greatest extent possible, foster coordination between the student's classroom teachers and the home or hospital instructors, and facilitate the rapid reintegration into classroom instruction when the student returns to school;

For a student with an individualized education program (IEP), ensure that home or hospital instruction is provided in accordance with the IEP; and

Provide content aligned to that being provided in the student’s classroom at their school of attendance, including without limitation a nonpublic special education day school or residential facility.

2501.3 Each LEA shall designate at least one employee to manage the LEA’s home and hospital instruction program.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2501

5-A DCMR § 2502 HOME AND HOSPITAL INSTRUCTION PROGRAM POLICY

2502.1 Beginning in school year 2022-23, every LEA shall adopt and implement a written home and hospital instruction program policy.

2502.2 A home and hospital instruction program policy shall:

Set forth the process for applying for home or hospital instruction;

Include the requirements for a medical certification and recertification of need;

Include information on the availability of appeal and mediation through OSSE for approval or denial of an application for home or hospital instruction;

Be published online on the LEA’s website in a reader-friendly format;

Be provided to a parent after the parent makes an initial request for home or hospital instruction for a student in a school year and again after a subsequent request by the parent if the LEA has revised the policy; and

Be provided to a parent after the parent submits a first request for medical recertification of need in a school year and again after a subsequent request by the parent for medical recertification of need if the LEA has revised the policy.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2502

5-A DCMR § 2503 HOME AND HOSPITAL INSTRUCTION FOR STUDENTS WITH DISABILITIES UNDER THE IDEA

2503.1 Nothing in this chapter shall be construed to supersede the requirements of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. § 1400 et seq.) with regard to an LEA’s obligation to determine the educational placement in the least restrictive environment for a student with a disability under the IDEA.

2503.2 When a parent makes a request for home or hospital instruction for a student who is suspected of being or is eligible for special education services under the IDEA, the LEA shall:

Provide the parent with notice of the procedural safeguards under the IDEA defined by 34 CFR § 300.504; and

Consider whether the request for home or hospital instruction could impact the student’s educational placement in the least restrictive environment, and if so, convene a placement determination team to review and revise the educational placement of the student, as appropriate, and to review and revise the student’s IEP, as appropriate.

2503.3 If an LEA convenes a placement determination team to review whether the educational placement of a student with a disability should be changed, the determination and eligibility for home or hospital instruction shall be governed by the IDEA and any applicable District law or regulation governing IDEA rather than the standards in this chapter.

2503.4 If a student with a disability is placed in home or hospital instruction in accordance with the IDEA, the provision and duration of services shall be governed by the IDEA and any applicable District law or regulation governing IDEA rather than the standards in this chapter.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2503

5-A DCMR § 2504 HOME AND HOSPITAL INSTRUCTION APPLICATION

2504.1 A parent seeking home or hospital instruction for a child may submit an oral or written request to the LEA in which the student is enrolled, provided that the LEA shall not grant the request until the parent submits a written application in accordance with this section.

2504.2 An application requesting home or hospital instruction shall include:

The student’s name, and date of birth;

The name of the LEA the student is enrolled in and the name of the student’s current school of attendance;

The parent’s name, address, phone number, and email address as available;

A medical certification of need as defined in Section 2506;

The requested start date and duration of home or hospital instruction services;

The consent of the parent for disclosure of information contained in or related to the medical certification of need; and

The parent’s signature.

2504.3 An application requesting home or hospital instruction shall not be considered complete unless it complies with all of the requirements in Section 2504.2.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2504

5-A DCMR § 2505 HOME AND HOSPITAL INSTRUCTION APPROVAL PROCESS

2505.1 Every LEA shall have in effect a home and hospital instruction approval process. The approval process shall require the LEA to:

Not later than two (2) school days after receipt of the request, document a parent’s request for the LEA to provide home or hospital instruction for a student in the student’s record;

Within two (2) school days after receiving a request:

(1) Make available to the parent a written application (that includes information on the requirements in Section 2504.2) for home and/or hospital instruction, as applicable; and

(2) Provide information to the parent explaining the process for submitting a written application for home or hospital instruction and obtaining a medical certification of need;

Deny an application for home or hospital instruction only if the application or a medical certification of need is missing information or otherwise incomplete, or if a student’s IEP requires home or hospital instruction as the student’s least restrictive environment under IDEA;

Review a completed application for home or hospital instruction and issue a written decision approving or denying a home or hospital instruction program application within five (5) calendar days of receipt of the completed application; and

Provide a written decision on the submitted application that:

Includes a written explanation of the basis for the approval or denial;

If the LEA approves the application, describes a written plan for the delivery of home or hospital instruction that includes the service delivery location, service to be delivered, identification of virtual and/or in-person service delivery as the method of service, identification of the number of hours per week of direct instruction for eligible students according to the medical certification of need, and the schedule for service delivery;

States specifically, if the LEA denies the application, that the basis for the LEA’s determination is that the application or medical certification of need was missing information or incomplete; and

Provides information on the right of a parent to appeal the LEA’s approval or denial of the application to the Office of the State Superintendent of Education (OSSE).

2505.2 If home or hospital instruction is approved, during the provision of such instruction the LEA may make reasonable requests for information from the parent concerning the student’s continuing medical need for home or hospital instruction and work with a student’s parent to develop accommodations or measures that would permit the student to return to school.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2505

5-A DCMR § 2506 MEDICAL CERTIFICATION AND RECERTIFICATION

2506.1 A medical certification of need is a written statement, either on a form provided by OSSE or any other form containing this information, signed by a licensed physician, licensed nurse practitioner, licensed clinical psychologist, licensed mental health counselor or therapist, or physician assistant that:

States the signatory’s license number;

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 unable to attend in-school instruction, on a continuous, partial, or intermittent basis, at the student's school of enrollment or attendance for ten (10) or more consecutive or cumulative school days during a school year;

Contains a recommendation that the student receive home or hospital instruction, to the extent permitted by the student's health condition;

States whether there is a maximum number of direct instructional hours that the student may receive per week based on the student’s health condition;

States the anticipated duration and frequency of the student's health condition, and the needed start date of services; and

States whether the student's health condition is anticipated to cause continuous, partial, or intermittent absence from school.

2506.2 A medical recertification of need is a written statement, either on a form provided by OSSE or any other form containing this information, signed by a licensed physician, licensed nurse practitioner, licensed clinical psychologist, licensed mental health counselor or therapist, or physician assistant that:

States the signatory’s license number;

Verifies the continued need for home or hospital instruction and whether the student requires instruction in a home or hospital;

States whether there is a maximum number of direct instructional hours that the student may receive per week based on the student’s health condition; and

States the anticipated duration and frequency of the student’s health condition.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2506

5-A DCMR § 2507 DURATION OF SERVICES, TERMINATION, OR EXTENSION OF HOME OR HOSPITAL INSTRUCTION

2507.1 The home or hospital instruction services provided by an LEA pursuant to an approved application shall last no longer than the estimated duration of the student’s heath condition, as provided in the student’s medical certification of need, or sixty (60) calendar days, whichever is less.

2507.2 Notwithstanding Section 2507.1, a parent may request an extension to a student’s home or hospital instruction for additional periods of no more than sixty (60) calendar days each by submitting a medical recertification of need at least five (5) calendar days before the date on which the parent desires the extension to commence.

2507.3 A request to extend home or hospital instruction services must include:

The number of calendar days that services are requested to be extended, not to exceed sixty (60) calendar days;

A medical recertification of need, including the estimated duration of the student’s health condition, except when the request is for a period of extension that extends services to a date that is less than sixty (60) calendar days after the date home or hospital instruction commenced.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2507

5-A DCMR § 2508 HOME OR HOSPITAL INSTRUCTION SERVICE DELIVERY AND ATTENDANCE

2508.1 An LEA shall begin delivering home or hospital instruction to a student whose application has been approved no later than five (5) school days after the LEA approved the application.

2508.2 An LEA shall identify and provide a minimum number of hours per week of direct instruction for an approved student based on the medical certification or recertification of need.

2508.3 The LEA may adjust the minimum required amount of direct instruction based on the student’s schedule and amount of in-school instruction the student is expected to receive.

2508.4 Direct instruction shall be provided in-person by a home or hospital instructor, except that with the consent of the parent, direct instruction may be provided by a home or hospital instructor via real-time videotelephony or asynchronous learning.

2508.5 An LEA may provide direct instruction via videotelephone in real-time or asynchronous learning without a parent’s consent in the following circumstances:

During a public emergency, including a public health emergency, declared by the Mayor of the District of Columbia;

When the student has been diagnosed with a communicable disease as defined in 22-B DCMR Chapter 2, or any superseding regulation;

When a household member has been diagnosed with a communicable disease as defined in 22-B DCMR Chapter 2, or any superseding regulation, if the student is to receive instruction at home;

When the LEA determines that safety concerns prevent in-person instruction; or

When the student is receiving medical treatment outside of the District of Columbia.

2508.6 An LEA may satisfy the provisions of this section through employing staff to provide instructional services to a student, contracting with private providers to deliver instructional services, contracting with other LEAs to provide instructional services, or combining any of the foregoing delivery options.

2508.7 An LEA shall maintain a student receiving home or hospital instruction on the regular attendance roll and count the student as medically excused, except when a student is not available for home or hospital instruction, in which event the student may be counted absent.

2508.8 The LEA shall ensure due deference to the medical opinions set forth in the medical certification of need, including any medical opinions regarding the return of the student to in-school instruction when medically feasible, including the use of accommodations or supports recommended by the medical professional.

2508.9 Upon return of the student to in-school instruction, an LEA may propose accommodations to allow the student to remain in school. Such accommodations must be agreed upon in writing by the medical professional signing the medical certification of need who agrees that such accommodations meet the medical needs of the student and permit in-school instruction.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2508

5-A DCMR § 2509 MEDIATION AND APPEALS

2509.1 A parent may appeal an LEA’s decision to approve or deny a request for home or hospital instruction by submitting a written request for an appeal to OSSE. An appeal to OSSE shall be submitted within ten (10) calendar days of receipt by the parent of the LEA’s written decision. The written request for an appeal shall:

Include the student’s name, date of birth, universal student identification number (USI), and the name of the LEA of enrollment and school of attendance at the time of the appeal request;

Describe how the denial or approval decision made by the LEA was not made in accordance with this chapter;

Include a copy of the medical certification or recertification of need in support of the request for home or hospital instruction; and

Include a copy of the written decision of the LEA.

2509.2 If a parent appeals a decision by the LEA to approve a request for home or hospital instruction, the appeal shall be limited to the LEA’s decision to approve and shall not include an appeal of the LEA’s written plan for implementation of home or hospital instruction.

2509.3 Upon receipt of the parent’s request for appeal, OSSE shall provide mediation between the parent and the LEA. OSSE shall provide the parent notice of the proposed mediation date and an opportunity to request an alternative date for mediation. Proposed mediation times must fall within Monday through Friday, 9:00 am through 05:00 pm.

2509.4 The LEA, through the attendance of an authorized decision maker, shall participate in mediation with the parent. OSSE shall deny the appeal of a parent who fails to participate in mediation.

2509.5 If the mediation does not resolve the issues raised by the appeal within eight (8) school days following OSSE’s receipt of the appeal or such other time as mutually agreed to by the parties, the appeal shall be reviewed by a three (3)-member appeals panel within OSSE.

2509.6 The following requirements shall apply to review of an appeal by the three (3)-member appeals panel convened by OSSE:

The parent shall have the burden of proof. If a parent is appealing the approval by the LEA of a request for home or hospital instruction, the parent shall be required to submit evidence from a qualified health professional in order to rebut the presumption in favor of the medical certification supporting the application;

There shall be a presumption in favor of the medical opinion set forth in the medical certification of need submitted in support of the request for home or hospital instruction;

In instances where the medical certification of need submitted in support of the request for home or hospital instruction is deemed by the LEA to be incomplete or missing information, the LEA shall have the burden of proof in seeking to rebut the presumption in favor of the medical opinion set forth in the medical certification of need through the submission of evidence from a qualified health professional;

The parent may request an opportunity for oral argument before the appeals panel; and

The appeals panel shall issue a final written decision no later than ten (10) school days following receipt of the appeal.

2509.7 An LEA shall implement the decision of the appeals panel, as applicable, no later than five (5) calendar days following issuance of the decision.

2509.8 An LEA that fails to implement a decision of the appeals panel within five (5) calendar days following issuance of the decision will be subject to OSSE’s review of the LEA’s home and hospital instruction program and corrective actions to address any identified noncompliance with the requirements of this chapter. Corrective actions required of the LEA may include revisions to LEA policies and required training or technical assistance.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2509

5-A DCMR § 2510 LEA REPORTING

2510.1 All LEAs shall annually report to OSSE,

All parent requests for home or hospital instruction; including student names, USI, and date of request;

Approvals and denials made by the LEA to provide home or hospital instruction, including the outcome of each reported request;

The reason for each denial of a request for home or hospital instruction;

A list of the names of each licensed pediatrician, licensed nurse practitioner, licensed clinical psychologist, licensed mental health counselor or therapist, or physician assistant who provided the medical certification of need for each request for home and hospital instruction; and

Whether instruction was provided in-person or via real-time videotelephony for each approved request for home or hospital instruction.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2510

5-A DCMR § 2599 DEFINITIONS

2599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Direct Instruction – instruction provided by a home or hospital instructor either in-person or via real-time videotelephony.

Health condition – 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.

Home or hospital instruction – academic instruction and support provided to a student participating in a home and hospital instruction program, which includes but is not limited to direct instruction.

Home and hospital instruction program - a program that provides instruction and support to students who cannot or for whom it is anticipated that they cannot attend in-school instruction, on a continuous, partial, or intermittent basis, from their school of enrollment for ten (10) or more consecutive or cumulative school days during a school year due to a health condition.

IDEA - the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. §§ 1400 et seq.), as amended, and its implementing regulations.

IEP – an individualized education program.

Individualized education program - 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)).

In-school – instruction that takes place when the student is either physically present in the educational institution in which the student is enrolled or assigned by the student’s LEA to attend, or when the student is receiving instruction remotely, excluding remote learning as part of a home or hospital instruction program pursuant to this chapter or in accordance with the IDEA.

LEA – local education agency, which as used herein includes the District of Columbia Public Schools and any individual or group of public charter schools operating under a single charter in the District of Columbia.

Parent - a parent, guardian, or other person who has custody or control of a student enrolled in a school or in an LEA, who is eighteen (18) years or older and for whom educational rights have transferred, or an emancipated minor.

History

SOURCE: Final Rulemaking published at 70 DCR 006850 (May 12, 2023). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2599

5-A27 [REPEALED]

5-A DCMR § 2700 [REPEALED]

History

SOURCE: Final Rulemaking published at 58 DCR 6015 (July 22, 2011); as amended by Final Rulemaking published at 59 DCR 10858 (September 14, 2012); as amended by Final Rulemaking published at 60 DCR 16052 (November 22, 2013); as amended by Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2700

5-A DCMR § 2701 [REPEALED]

History

SOURCE: Final Rulemaking published at 58 DCR 6015, 6016 (July 22, 2011); as amended by Emergency and Proposed Rulemaking published at 58 DCR 7984 (September 9, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 10605 (December 16, 2011); as amended by Final Rulemaking published at 59 DCR 10858, 10860 (September 14, 2012); as amended by Final Rulemaking published at 60 DCR 16052 (November 22, 2013); as amended by Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2701

5-A DCMR § 2702 [REPEALED]

History

SOURCE: Final Rulemaking published at 58 DCR 6015, 6024 (July 22, 2011); as amended by Final Rulemaking published at 59 DCR 10858, 10867 (September 14, 2012); as amended by Final Rulemaking published at 60 DCR 16052 (November 22, 2013); as amended by Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2702

5-A DCMR § 2703 [REPEALED]

History

SOURCE: Final Rulemaking published at 58 DCR 6015, 6024 (July 22, 2011); as amended by Final Rulemaking published at 59 DCR 10858, 10868 (September 14, 2012); as amended by Final Rulemaking published at 60 DCR 16052 (November 22, 2013); as amended by Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2703

5-A DCMR § 2704 [REPEALED]

History

SOURCE: Final Rulemaking published at 58 DCR 6015, 6025 (July 22, 2011); as amended by Final Rulemaking published at 59 DCR 10858, 10868 (September 14, 2012); as amended by Final Rulemaking published at 60 DCR 16052 (November 22, 2013); as amended by Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2704

5-A DCMR § 2705 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2705

5-A DCMR § 2706 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2706

5-A DCMR § 2707 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2707

5-A DCMR § 2708 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2708

5-A DCMR § 2709 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2709

5-A DCMR § 2710 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2710

5-A DCMR § 2711 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2711

5-A DCMR § 2712 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2712

5-A DCMR § 2713 [REPEALED]

History

SOURCE: Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2713

5-A DCMR § 2799 [REPEALED]

History

SOURCE: Final Rulemaking published at 58 DCR 6015, 6025 (July 22, 2011); as amended by Final Rulemaking published at 59 DCR 10858, 10868 (September 14, 2012); as amended by Final Rulemaking published at 60 DCR 16052 (November 22, 2013); as amended by Final Rulemaking published at 65 DCR 11662 (October 19, 2018); as amended by Final Rulemaking published at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2799

5-A28 NONPUBLIC SPECIAL EDUCATION SCHOOLS AND PROGRAMS SERVING STUDENTS WITH DISABILITIES FUNDED BY THE DISTRICT OF COLUMBIA AND SPECIAL EDUCATION RATES

5-A DCMR § 2800 AUTHORITY AND PURPOSE

2800.1 This chapter is promulgated pursuant to section 101 et seq. of the Placement of Students with Disabilities in Nonpublic Special Schools Act, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code §§ 38-2561.01 through 38-2561.11) (2009 Supp.) (Placement Act); Mayor’s Order 2007-149 (June 28, 2007); sections 3(b)(8) and (11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §38-2602(b)(8) and 38-2602(11)) (2010 Supp.); and Article II of An Act to provide for compulsory school attendance, and for other purposes, approved February 4, 1925 (43 Stat. 805; D.C. Official Code §§ 38-201 et seq.).

2800.2 The Office of the State Superintendent of Education (OSSE) may issue a certificate of approval to a nonpublic special education school or program, including a residential treatment or psychiatric residential treatment facility (PRTF) operating an educational program, serving students with disabilities funded by the District of Columbia. The purpose of the certificate of approval process is to maintain oversight of nonpublic special education schools or programs, including residential treatment or psychiatric residential treatment facilities, to ensure that every District of Columbia student with a disability is afforded a high quality education in the least restrictive environment.

2800.3 Any school or program defined within this chapter as a nonpublic special education school or program shall not accept a placement of a District of Columbia student with a disability whose education is funded by the District of Columbia government unless it receives and maintains a certificate of approval issued by OSSE; except if a student is ordered placed and located at a specific uncertified school by order of a court or a due process hearing officer decision pursuant to 34 C.F.R. 300.513; and then only in exceptional circumstances where the student, because of the student’s unique and highly specialized needs, cannot be served by a nonpublic special education school or program with a certificate of approval.

2800.4 A nonpublic special education school or program with a current certificate of approval issued by OSSE shall comply with the provisions of this chapter unless otherwise exempted by District of Columbia laws or regulations.

2800.5 A nonpublic special education school or program without a certificate of approval that accepts a District of Columbia student ordered placed and located specifically in that school or program by a court of law or due process hearing officer decision must apply for a certificate of approval within ninety (90) calendar days after the date of accepting that student and must immediately comply, at a minimum, with the following sections of this chapter as to the student placed before accepting the student: sections A-2805 through A-2822; sections A-2830 through A-2834; A-2836; A-2837; and A-2844, unless otherwise exempted by OSSE. The nonpublic special education school or program shall give OSSE an assurance as to its compliance under this section before accepting the student.

2800.6 If OSSE denies an application for, refuses to renew, suspends or revokes a certificate of approval for a nonpublic special education school or program subject to this chapter, the following shall occur:

(a) OSSE shall provide written notification of its decision to any sending local education agency (sending LEA) with children in the nonpublic school or program;

(b) Each responsible LEA shall schedule an Individualized Education Program (IEP) team meeting for each of its District of Columbia students and notify the parent that the nonpublic school or program has failed to qualify for a certificate of approval; and

2800.7 The denial of an application, refusal to renew, suspension or revocation of a certificate does not invalidate a student placement by court order or hearing officer decision (HOD). The responsible LEA shall convene an IEP team to determine if the placement is appropriate and, if necessary, seek a modification of the court order or HOD.

History

Source: Final Rulemaking published at 57 DCR 9444 (October 8, 2010).

5-A DCMR § 2801 AWARD OF A CERTIFICATE OF APPROVAL

2801.1 In determining whether to grant or renew a certificate of approval, OSSE shall review the applicant’s program for compliance with the standards of this chapter and other applicable laws and regulations, including, without limitation, the requirements of the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act.

2801.2 A nonpublic special education school or program shall not be granted or allowed to maintain a certificate of approval unless it obtains and maintains documentation verifying compliance with all applicable fire, safety, building code, health, and sanitation requirements.

2801.3 A certificate of approval does not relieve a nonpublic special education school or program of its obligation to comply with all applicable local or federal statutory or regulatory requirements. OSSE may withhold, revoke, or deny approval consistent with the provisions of this chapter if, in its discretion, circumstances warrant such action.

History

Source: Final Rulemaking published at 57 DCR 9444, 9446 (October 8, 2010).

5-A DCMR § 2802 VALIDITY OF CERTIFICATE OF APPROVAL

2802.1 A certificate of approval is valid for up to three (3) years after the date of issuance. The expiration date shall be clearly indicated on the certificate.

2802.2 In its discretion, OSSE may grant a certificate of approval for a period

shorter than three (3) years. In such a circumstance, the nonpublic special

education school or program shall be informed in writing of the reasons for the decision.

2802.3 OSSE may issue a provisional certificate of approval that shall continue in effect pending OSSE’s review of an application for renewal that is timely submitted to OSSE in conformance with this chapter, unless OSSE provides written notification of other action affecting the status of the certificate of approval.

2802.4 A certificate of approval shall be considered void if:

(a) The nonpublic special education school or program ceases operating educational programs or files for bankruptcy or dissolution;

(b) The certificate of approval expires and an application for renewal has not been completed and submitted within the applicable timelines for a renewed certificate of approval; or

History

Source: Final Rulemaking published at 57 DCR 9444, 9446 (October 8, 2010).

5-A DCMR § 2803 LEVELS OF APPROVAL

2803.1 OSSE may, at its discretion, grant a certificate of approval that confers full approval status, probationary approval status, or provisional approval status.

OSSE shall grant full approval status to a nonpublic special education school or program based upon a finding that the application meets all of the standards and requirements of this chapter.

2803.2 In no case shall approval at any level be awarded unless the nonpublic special education school or program demonstrates to the satisfaction of OSSE that the health and safety of students is protected and that the school or program is able to implement the provisions in each student’s IEP.

2803.3 A nonpublic special education school or program shall operate in a manner consistent with the specifications of the certificate of approval and may not extend, assign, or transfer a certificate of approval status to additional operating sites.

2803.4 A nonpublic special education school or program shall notify OSSE in writing and submit an application to amend its certificate of approval before a change in circumstances occurs. A change in circumstances includes without limitation, a change of ownership, accreditation status, location, or other form of change in operation that is inconsistent with information or specifications submitted to OSSE. If a nonpublic special education school or program expects to experience a change in circumstances, it shall:

(a) Notify OSSE in writing at least sixty (60) calendar days before a change in circumstance(s); and

(b) Submit to OSSE specific documentation to describe the change, including any additional information requested by OSSE.

2803.5 OSSE may place a nonpublic special education school or program on probationary approval status at any time, based upon circumstances which, in OSSE’s discretion, compromise the school or program’s ability to provide a safe, healthy, and appropriate educational environment, or to comply with the standards of this chapter. A school or program in probationary approval status shall complete and document in writing specific corrective actions within timelines specified by OSSE. Based on evidence of compliance with the corrective action(s), OSSE may revoke or reinstate the nonpublic school or program certificate of approval with full approval status, or probationary approval status with specific timelines for additional correction.

2803.6 A nonpublic special education school or program with a probationary certificate of approval may not accept or enroll any additional students from the District of Columbia until OSSE issues a certificate of approval with full approval status, or a student placement at the school or program is ordered by a court of law or a hearing officer decision pursuant to 34 C.F.R. 300.513.

2803.7 OSSE may grant provisional approval status for a time period not to exceed six (6) months after the date of approval of an initial application. OSSE may revoke provisional approval status at any time for any reason.

2803.8 If provisional approval status is granted, OSSE shall indicate the specific conditions and timeline that the nonpublic special education school or program shall meet to establish full approval status.

2803.9 If OSSE finds that the nonpublic special education school or program has failed to meet the specified conditions within the provisional approval status period or does not grant full approval status, the provisional approval status shall expire automatically.

2803.10 A nonpublic special education school or program with a provisional certificate of approval may not accept or enroll any additional students from the District of Columbia until OSSE issues a certificate of approval with full approval status, or a student placement at the school or program is ordered by a court of law or a hearing officer decision pursuant to 34 C.F.R. 300.513.

History

Source: Final Rulemaking published at 57 DCR 9444, 9447 (October 8, 2010).

5-A DCMR § 2804 CERTIFICATION LIST AND MONITORING REPORTS

2804.1 OSSE shall publish and make available the list of nonpublic special education schools or programs, including the current level of approval of each school or program.

2804.2 OSSE shall produce at least one (1) written monitoring report for each nonpublic special education school or program during the period of the school or program’s certificate of approval. Such reports shall not contain personally identifiable student information.

History

Source: Final Rulemaking published at 57 DCR 9444, 9448 (October 8, 2010).

5-A DCMR § 2805 CURRICULUM REQUIREMENTS

2805.1 Nonpublic special education schools or programs that serve District of Columbia students with disabilities shall provide special education and related services in accordance with the student’s IEP and afford the student all of the rights he or she would have if served by a public agency.

2805.2 Nonpublic special education schools or programs that serve District of Columbia students with disabilities shall ensure instructional alignment with the District of Columbia’s learning standards, grades, promotion, and graduation requirements, consistent with Title 5 of the DCMR, including compliance with any amendments to these respective policies, procedures and rules.

2805.3 Nonpublic special education schools or programs shall ensure all students are appropriately included in the statewide assessment, either by taking the statewide general assessment or an alternate assessment approved by OSSE, in accordance with guidelines established by OSSE.

History

Source: Final Rulemaking published at 57 DCR 9444, 9449 (October 8, 2010).

5-A DCMR § 2806 LEARNING TIME

2806.1 The school year of a nonpublic special education school or program shall include a minimum of one hundred eighty (180) regular instructional school days, exclusive of any Extended School Year (ESY) period mandated by an IEP.

2806.2 Each regular instructional school day shall be at least six (6) hours in length for

students, inclusive of time allotted for lunch periods, recesses, and class breaks, except that the six (6) hour minimum instructional school day requirement shall not be applicable to any evening school program, prekindergarten program, or other alternative program approved by OSSE.

History

Source: Final Rulemaking published at 57 DCR 9444, 9449 (October 8, 2010).

5-A DCMR § 2807 RESOURCES AND MATERIALS

2807.1 A nonpublic special education school or program shall provide the facilities, textbooks, equipment, technology, materials, and supplies needed to provide the special education and related services specified by the IEPs of its enrolled students.

2807.2 A nonpublic special education school or program shall provide all resources and materials required to accommodate students with disabilities in obtaining, as specified in their IEPs, a diploma, GED, or alternative certificate of completion.

2807.3 A nonpublic special education school or program that does not meet the necessary resources and materials requirements shall not be eligible to apply for a certificate of approval.

History

Source: Final Rulemaking published at 57 DCR 9444, 9449 (October 8, 2010).

5-A DCMR § 2808 INDIVIDUALIZED EDUCATION PROGRAMS

2808.1 The sending LEA responsible for the District of Columbia student with a disability placed in a nonpublic special education school or program and the nonpublic special education school or program are both responsible for ensuring that the student has a complete and current IEP. A nonpublic special education school or program shall work with the sending LEA to maintain compliance with the IDEA as follows:

(a) If the nonpublic special education school or program becomes unable to implement any portion of the student’s IEP, including compensatory education, the school or program shall immediately notify the sending LEA in writing and consult with the sending LEA about whether an IEP team meeting is required;

(b) If the nonpublic special education school or program becomes aware that the student’s IEP is not being fully implemented due to factors beyond its control (for example, transportation), the school or program shall immediately notify the sending LEA in writing and consult with the sending LEA about whether an IEP team meeting is required;

(c) If it appears to the nonpublic special education school or program that a required timeline for an evaluation, reevaluation or any other timeline specified in the IDEA has lapsed or will imminently lapse, the school or program shall immediately notify the sending LEA in writing; and

(d) In the event that the sending LEA must call an IEP team meeting, whether

as a result of a situation outlined in paragraphs (a) and (b) above or otherwise, the nonpublic special education school or program shall assist the sending LEA in convening the meeting and respect the due process rights afforded to a student and his or her parents under the IDEA.

2808.2 The sending LEA shall ensure that all data required by OSSE regarding a student with a disability enrolled in a nonpublic special education school or program is entered into the District of Columbia’s Special Education Data System (SEDS) and that such data is accurate, up-to-date and complete. OSSE shall provide SEDS access to a nonpublic special education school or program limited to the students enrolled in the school or program and in a manner consistent with the Family Educational Rights and Privacy Act of 1974 (FERPA). Each nonpublic special education school and program shall cooperate with the LEA to maintain each enrolled student’s IEP in SEDS. The failure to maintain current data shall be considered a failure to cooperate, as will other actions or omissions that lead to incomplete records. Under no circumstances shall a nonpublic special education school or program issue a change in location using SEDS.

2808.3 A nonpublic special education school or program shall implement all components of each student’s IEP, including any items of compensatory education, unless it has been specifically agreed by the IEP team and documented in writing that an entity other than the school or program will implement an item or items on the IEP.

2808.4 Pursuant to 34 C.F.R. 300.325I, the sending LEA shall remain responsible for

compliance with the requirements of the IDEA for students served by nonpublic special education schools or programs, and OSSE shall monitor the sending LEA’s compliance with these requirements.

2808.5 In the event that the sending LEA has an agreement with the nonpublic special education school or program for the nonpublic special education school or program to administer or arrange assessments (including reevaluations) to determine continued eligibility for special education and related services or for any other purpose under the IDEA:

(a) The nonpublic special education school or program shall administer or arrange for the provision of assessments consistent with the IDEA and any hearing officer decision governing the assessment pursuant to 34 C.F.R. 300.513; and

(b) The nonpublic special education school or program shall submit an invoice to OSSE for the assessment in the next invoicing period at OSSE established rate in the manner prescribed by OSSE’s guidance or agreements. In the event that OSSE has not established a rate for the assessment in question, the nonpublic special education school or program must first notify OSSE and receive written approval prior to administering or arranging for the assessment. OSSE shall respond to such requests within 10 business days. OSSE shall only pay for assessments at an established rate consistent with the Placement Act.

2808.6 Pursuant to 34 C.F.R. 300.325(b), IEP team meetings may be initiated and conducted by the nonpublic special education school or program at the request or discretion of the sending LEA.

The nonpublic special education school shall provide written notification to and invite the sending LEA to the student’s IEP team meeting.

The notice shall include the time, date, and location of the meeting.

The nonpublic special education school shall document its attempts to invite the sending LEA to the IEP team meeting, as well as the LEA’s involvement with any IEP team decision and the LEA’s agreement with any proposed changes to the IEP which result from any meeting.

2808.7 As part of the IEP team process, staff members of the nonpublic special education school or program who are members of the student’s IEP team shall ensure that each IEP:

(a) Meets all the requirements of the IDEA, 20 U.S.C. §1414(d); and 34 C.F.R. 300; 320; 300.321; 300.322 and 300.324;

(b) Contains a Behavior Intervention Plan (BIP), whenever appropriate, that is based on a Functional Behavior Assessment (FBA) and includes a plan for crisis management; and

(c) Provides for extended school year services (ESY) only if the IEP team decides, on an individual basis, that ESY services are necessary for the provision of a free appropriate public education (FAPE) to the student.

2808.8 A nonpublic special education school or program shall ensure that the appropriate members of its staff attend all IEP team meetings related to District of Columbia students. If an interpreter is necessary to ensure parent participation, the nonpublic special education school or program shall access the necessary services to ensure that it meets the requirements of the District of Columbia Language Access Act, D.C. Law 15-167, effective April 1, 2004. In the event an interpreter is not available, the nonpublic special education school or program shall reschedule the meeting.

2808.9 A nonpublic special education school or program shall monitor how each student is making progress toward meeting the annual goals of the IEP and produce written reports for the parent(s) and the sending LEA on at least a quarterly basis.

2808.10 A nonpublic special education school or program shall ensure that the confidentiality of student records is kept strictly in accordance with the FERPA, and any other applicable privacy laws and regulations.

History

Source: Final Rulemaking published at 57 DCR 9444, 9450 (October 8, 2010).

5-A DCMR § 2809 IMPLEMENTATION OF HEARING OFFICER DECISIONS AND SETTLEMENT AGREEMENTS

2809.1 A nonpublic special education school or program shall implement all services ordered by any Hearing Officer Decision (HOD) pursuant to 34 C.F.R. 300.513 and/or a Settlement and Mediation Agreements (SA) entered into pursuant to 34 C.F.R. 300.510(d) and 300.506(b)(6) with respect to each attending student, including all assessments and any items of compensatory education, unless it is specifically agreed and documented by the IEP team that a service or services shall be provided by an entity other than the nonpublic special education school or program. Failure of an LEA to timely notify a nonpublic school or program of an HOD or SA will not result in any adverse findings against the nonpublic school or program. Compensatory education shall be invoiced to and paid for by the LEA that is a party to the HOD or SA.

2809.2 In the event that the nonpublic special education school or program becomes unable to implement any aspect of a student’s HOD or SA, including by reason that the language of a HOD or SA is unclear, not sufficiently specific or not in accordance with subsequent decisions made by the IEP team, the nonpublic special education school or program shall immediately notify in writing the LEA that is a party to the HOD or SA, consult with the LEA regarding whether an IEP team meeting is required and assist the LEA with any IEP team meeting it may schedule.

2809.3 A nonpublic special education school or program shall immediately notify in writing the LEA that is a party to the HOD or SA if it appears to the nonpublic special education school or program that a required timeline for an evaluation, reevaluation or other compliance requirement of a HOD or SA has lapsed or will imminently lapse. The nonpublic special education school or program shall also consult with the LEA that is a party to the HOD or SA, regarding whether an IEP team meeting is required and assist the LEA with any IEP team meeting it may schedule.

History

Source: Final Rulemaking published at 57 DCR 9444, 9452 (October 8, 2010).

5-A DCMR § 2810 TRANSITIONS TO THE LEAST RESTRICTIVE SETTING

2810.1 In accordance with the IDEA requirement of placing students in the least restrictive environment as well as the Placement Act, IEP planning and service delivery by sending LEAs and nonpublic special education schools or programs shall be designed to support a transition of the student to a less restrictive setting when determined appropriate by the IEP team. The nonpublic special education school or program shall ensure that the IEP teams for students enrolled at the school or program consider a student’s transition status at least annually as a component of annual IEP review.

2810.2 When an IEP team member believes that a District of Columbia student is ready for a less restrictive setting, an IEP team meeting shall be convened to discuss a change in placement, consistent with the IDEA.

History

Source: Final Rulemaking published at 57 DCR 9444, 9453 (October 8, 2010).

5-A DCMR § 2811 REPORTING SUSPECTED ABUSE OR NEGLECT

2811.1 A nonpublic special education school or program shall make reports of suspected neglect or abuse as defined in D.C. Official Code §§16-2301(9) and (23), respectively (including compliance with the law on compulsory school attendance) as required by all relevant federal, state and local law.

History

Source: Final Rulemaking published at 57 DCR 9444, 9454 (October 8, 2010).

5-A DCMR § 2812 STATE-WIDE ASSESSMENTS

2812.1 In accordance with chapter A-23 and section 3019 of chapter E-30 of Title 5 of the DCMR, every nonpublic special education school or program shall ensure that every District of Columbia student with an IEP enrolled in a nonpublic special education school or program is appropriately included in either the District of Columbia statewide assessment system or alternate assessment approved by OSSE.

2812.2 A nonpublic special education school or program shall ensure that statewide

assessments are administered according to the test security guidelines published by OSSE.

2812.3 The nonpublic special education school or program shall ensure a student’s IEP shall include a specific finding that the student is eligible for participation in the alternate assessment based upon the alternate academic achievement standards, OSSE state level guidelines for participation in alternate assessments, and other applicable guidance issued by OSSE.

2812.4 Unless specifically required by a student’s IEP, the nonpublic special education school or program and the sending LEA shall not substitute an alternate assessment based on alternate academic achievement standards for the general statewide assessment for any student.

History

Source: Final Rulemaking published at 57 DCR 9444, 9454 (October 8, 2010).

5-A DCMR § 2813 GRADES AND PROMOTIONS

2813.1 A nonpublic special education school or program shall adhere to the grades and promotion policies and procedures of the sending LEA in which each student is enrolled as well as state graduation requirements.

History

Source: Final Rulemaking published at 57 DCR 9444, 9454 (October 8, 2010).

5-A DCMR § 2814 INDIVIDUALIZED BEHAVIOR SUPPORT AND DISCIPLINE

2814.1 Behavior support programs and plans used by a nonpublic special education school or program shall be based on an individual behavior intervention plan and the utilization of school-wide positive behavior intervention supports. If the behavior of a student impedes the student’s learning or the learning of other students, the IEP team shall consider the use of positive behavioral supports and other strategies to address that behavior in conformance with the IDEA and its implementing regulations (20 U.S.C. §1414(d)(3)(B)(i); 34 C.F.R. 300.324(a)(2)(i)). Further, if the student’s behavior that impedes learning is not addressed in the IEP, the IEP team must review and revise the IEP to ensure that the student receives appropriate positive behavioral interventions and supports and other strategies (34 C.F.R. 300.324(a)(2)(i) and 300.324(a)(3)(i)).

2814.2 All nonpublic special education schools and programs must ensure compliance with the IDEA’s discipline procedures and related procedural safeguards. Any behavioral intervention strategies shall be designed to enhance the delivery of the IEP to support minimal interruption of the academic program. When determining whether a change in placement is appropriate for a student with a disability who violates a code of student conduct, the nonpublic special education school or program shall implement procedures consistent with the IDEA and its implementing regulations (20 U.S.C. §§1415(k)(1) and (7), 34 C.F.R. 300.530).

2814.3 All nonpublic special education schools and programs shall be prohibited from using demeaning, violent or coercive treatment with District of Columbia students. Nonpublic special education schools and programs shall not use restraints or seclusion in any form on District of Columbia students, other than in an emergency circumstance as defined below in section A-2816 below. Seclusion and restraint shall not be used, under any circumstances, as a means of coercion, discipline, convenience or retaliation by staff with District of Columbia students. When an emergency intervention is needed to address problem behavior, the type of intervention chosen shall be the least intrusive necessary.

History

Source: Final Rulemaking published at 57 DCR 9444, 9454 (October 8, 2010).

5-A DCMR § 2815 STUDENT-INITIATED TIME AWAY FROM STRUCTURED

ACTIVITY

2815.1 A nonpublic special education school or program shall allow students to initiate time away from structured activity as a means of regaining self-control. Student-initiated time away from structured activity:

Shall occur in designated areas within the classroom or as appropriate, and as outlined and measured in a student’s Behavior Intervention Plan, in other areas within the school, as long as there is direct supervision;

Be documented in a student’s Behavior Intervention Plan;

(d) May not be imposed upon a student as a form of seclusion or punishment.

History

Source: Final Rulemaking published at 57 DCR 9444, 9455 (October 8, 2010).

5-A DCMR § 2816 PHYSICAL AND CHEMICAL RESTRAINTS

2816.1 The use of physical restraints is prohibited in all nonpublic special education schools and programs except when the intervention is necessary in emergency circumstances, as defined in this chapter, to protect the child or other person from imminent, serious physical harm and other less intrusive, non physical interventions have failed or been determined inappropriate.

2816.2 Any physical restraint shall be applied only by nonpublic special education school or program personnel who are trained and certified in the appropriate use of specific, authorized techniques. Copies of those certifications shall be maintained on file at the nonpublic special education school or program.

2816.3 The use of physical restraints shall be limited to the use of the least amount of force necessary and to the shortest time period necessary to protect the student or other person from imminent, serious physical harm. The restraint must end as soon as the student or other person is no longer in imminent danger. Nonpublic special education school or program personnel shall provide the student with an explanation of the behavior that resulted in the restraint and instructions on the behavior required to be released from the restraint. A member of the staff shall personally observe the student during the entire duration of the use of the restraint in order to assess the need for continued restraint.

2816.4 Physical restraint is prohibited as a means of punishment or as a response to property destruction, disruption of school order, a student’s refusal to comply with a nonpublic special education school or program rule or staff directive, or language that does not constitute a threat of imminent, serious physical harm.

2816.5 No physical restraint shall be administered if the student has a medical or psychological condition contraindicative to restraint. No physical restraint shall be administered in such a way that the student’s breathing or speaking is restricted. During the restraint, a staff member shall continuously monitor the physical status of the student, including skin color and respiration. The restraint shall be released immediately upon a determination by a staff member that the student or other person is no longer at risk of causing imminent, serious physical harm. A staff member shall continuously assess the student to determine if medical attention is required.

2816.6 If the student uses sign language or an augmentative mode of primary communication, the student shall be permitted to have the student’s hands free of restraint for brief periods, unless the staff member determines that such freedom appears likely to result in harm to self or others. The restraint must end as soon as the student is no longer at risk of causing imminent, serious physical harm.

2816.7 [REPEALED]

2816.8 A nonpublic special education school or program shall only use a chemical restraint on a District of Columbia student to the extent the chemical restraint is determined to be medically necessary. Any usage of a chemical restraint must be ordered by a physician, determined to be medically necessary, and administered in conformance with the student’s medical treatment plan.

History

SOURCE: Final Rulemaking published at 57 DCR 9444, 9455 (October 8, 2010); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2816

5-A DCMR § 2817 MECHANICAL RESTRAINT

2817.1 A nonpublic special education school or program shall not use any form of mechanical restraint on a District of Columbia student. Use of such restraints as a policy or practice shall be grounds for denying or revoking a certificate of approval.

History

Source: Final Rulemaking published at 57 DCR 9444, 9457 (October 8, 2010).

5-A DCMR § 2818 PRONE RESTRAINT

2818.1 A nonpublic special education school or program shall not use any form of prone restraint on a District of Columbia student. Use of such restraints as a policy or practice shall be grounds for denying or revoking a certificate of approval.

History

Source: Final Rulemaking published at 57 DCR 9444, 9457 (October 8, 2010).

5-A DCMR § 2819 SECLUSION

2819.1 A nonpublic special education school or program shall not use any form of seclusion on a District of Columbia student unless it is an emergency, as defined in section A-2816.1. Use of seclusion as a policy or practice shall be grounds for denying or revoking a certificate of approval.

2819.2 A space used for seclusion shall, at a minimum:

(a) Be free of objects and fixtures with which a student could self-inflict

bodily harm;

(b) Provide school personnel an adequate view of the student from an adjacent

area in accordance with this section; and

controls.

2819.3 In the event of seclusion, nonpublic special education school or program personnel shall view a student placed in seclusion at all times, by remaining within sight of the student, consistent with section A-2819.5 herein, and shall provide the student with an explanation of the behavior that resulted in the seclusion and instructions on the behavior required to be released from the seclusion.

2819.4 Seclusion shall only be applied by nonpublic special education school or program personnel who are trained in the appropriate use of the specific, authorized technique and knowledgeable of these regulatory provisions and any other guidance issued by OSSE. Copies of those certifications shall be maintained on file at the nonpublic special education school or program.

2819.5 Nonpublic special education school or program personnel shall continuously monitor a student placed in seclusion and speak with the student every ten (10) minutes at minimum. After thirty (30) minutes, the Director, Head of Special Education or other senior personnel shall personally observe the student to assess the need for continued seclusion. No seclusion shall continue longer than one (1) hour.

2819.6 If the space used for seclusion has a locking mechanism, it must only be engaged

when it is held in position by a person, or if electronically engaged, must

automatically release if the building’s fire alarm system is activated.

History

Source: Final Rulemaking published at 57 DCR 9444, 9457 (October 8, 2010).

5-A DCMR § 2820 RESTRAINT AND SECLUSION REPORTING AND FOLLOWUP

2820.1 If any form of restraint or seclusion is used, the nonpublic special education school or program shall prepare and file a written report consistent with the requirements of this section.

2820.2 A written incident report shall include the following information:

(a) The student’s name;

(b) The date of the incident;

times of actual restraint or seclusion;

(d) A description of relevant events leading up to the incident;

(e) A description of any interventions used prior to the implementation of restraint or seclusion;

(f) A log of events during the restraint, including the restraint technique(s) used;

(g) A log of events during the seclusion;

(h) A description of any injuries (whether to students, personnel or others) and/or property damage;

(i) A list and signatures of the school personnel who participated in the implementation, monitoring, and supervision of the restraint or seclusion event; and

(j) A description of the short-term planned approach to addressing the student’s behavior in the future.

2820.3 The written incident report shall be prepared for each individual incident involving a restraint or seclusion, and shall be placed in the student’s permanent file within twenty four (24) hours of the incident.

2820.4 A copy of the written incident report shall be sent within one (1) business day of the incident to the student’s parent(s), the sending LEA and any other District of Columbia agency involved in the student’s placement.

2820.5 Except in the case where a child’s IEP authorizes the use of restraint and/or seclusion and a BIP had been created, the IEP team shall meet within ten (10) school days of the incident to consider the need for a FBA and BIP and to discuss non-physical and non-restrictive de-escalation strategies. If the student has a BIP in place, the IEP team shall review and revise as appropriate. If the student is unable or unwilling to attend the IEP team meeting, the nonpublic special education school or program shall meet with the student individually to discuss the incident as appropriate after consulting with the sending LEA.

History

Source: Final Rulemaking published at 57 DCR 9444, 9458 (October 8, 2010).

5-A DCMR § 2821 ATTENDANCE AND TRUANCY

2821.1 Consistent with An Act To require the payment of tuition on account of certain persons who attend the public schools of the District of Columbia, and for other purposes, approved September 8, 1960 (74 Stat. 854; D.C. Official Code §§ 38-201, et seq.(2001)), a nonpublic special education school or program shall require that a District of Columbia student enrolled in its school or program shall attend every regular instructional school day and remain in school until the official closure of the school day, unless otherwise excused.

2821.2 A nonpublic special education school or program shall maintain a policy to allow a student to enter and attend school when the student arrives late for school and shall record the student’s tardiness or partial absence if a student fails to attend school for the entire day.

2821.3 A nonpublic special education school or program shall adhere to and maintain

policies and procedures in conformance with the attendance and truancy policies and procedures of each sending LEA (except as provided in subsection 2821.4(b)) and the District of Columbia as set forth in chapter 21 of subtitle A of title 5 of the DCMR.

2821.4 If a nonpublic special education school or program serves students placed in its school or program from multiple District of Columbia LEAs, it is the responsibility of the nonpublic school or program to have and make available upon request, a written copy of each respective LEA’s attendance and truancy policy. In consultation with each sending LEA, the nonpublic school or program shall either:

Apply the sending LEA’s policy to each student enrolled in that LEA; or

Select one (1) District of Columbia sending LEA’s attendance policy to

apply to all students attending the nonpublic school or program and provide a written notification of such designation to each LEA and OSSE.

2821.5 The designated attendance policy shall meet the minimum requirements of

chapter 21 of subtitle A of Title 5 of the DCMR and each LEA served by the nonpublic school or program.

2821.6 A nonpublic special education school or program shall file with OSSE a copy of the District of Columbia LEA attendance policy governing a student whose services are funded by the District of Columbia and shall provide an attendance report to OSSE or an LEA upon request.

2821.7 The nonpublic special education school or program shall submit to the sending LEA and OSSE the same attendance report at the time an invoice is submitted to OSSE for payment. The attendance report shall accurately reflect each student’s attendance for every regular instructional school day, or portion thereof, for the respective billing cycle, identifying excused and unexcused absences. All absences shall be presumed to be unexcused unless otherwise marked as excused in an attendance report.

2821.8 A nonpublic special education school or program shall notify the sending LEA in

writing no later than two (2) instructional school days after the accrual of five (5) unexcused absences by a District of Columbia student in a marking period or similar time frame so that the student’s LEA may take actions including, but not limited to, the steps required by 5 DCMR A §2103.

9 A nonpublic special education school or program shall notify the sending LEA, in writing, not later than two (2) instructional school days after the accrual of ten (10) unexcused absences at any time within the school year. In each such case the:

(a) Nonpublic special education school or program shall consult with

the sending LEA regarding whether or not the current placement or location assignment is appropriate; and

(b) Sending LEA shall convene an IEP team meeting as soon as possible to review the student’s absences, to make recommendations as appropriate with regard to intervention strategies including, but not limited to those required by 5 DCMR A §2103, and to make a determination regarding the continued appropriateness of the current placement.

2821.10 A copy of each notice required by section 2821.9 shall be submitted with the nonpublic school or program’s next invoice submission to OSSE.

2821.11 Failure by a nonpublic special education school or program to comply with the attendance requirements of an LEA, or the attendance documentation required in this chapter, shall limit payment for tuition and related services to the instructional school days that the student was in attendance.

2821.12 A nonpublic special education school or program shall obtain written authorization from the responsible LEA to hold a placement open and to continue billing for tuition if a student has accrued:

Ten (10) unexcused absences at any time during the school year; or

Seven (7) consecutive unexcused absences.

2821.13 A nonpublic special education school or provider shall not invoice OSSE and OSSE will not pay for tuition or services beginning the fifteenth (15th) consecutive day of a student’s unexcused absence. LEAs remain responsible for ensuring a free and appropriate education (FAPE) is continuously provided to students regardless of OSSE’s authority to pay tuition under this section.

2821.14 In its discretion, and upon written request from an authorized official of a sending LEA, OSSE may continue to pay educational tuition to a nonpublic special education school or program in order to ensure that a student will be allowed to return to the school or program after an excused absence and receipt of written confirmation that the student was unable to attend due to a medical disability, hospitalization, incarceration, detention, or placement in a residential facility.

2821.15 Except as provided for in subsection 2821.14 above, if a student has accrued an extended period of excused absences, a nonpublic school or program may not charge fees for that student’s placement for more than fourteen (14) school days; except, that holds of not more than thirty (30) days may be negotiated on a case-by-case basis, upon written request to OSSE from the responsible LEA, with a written explanation of exceptional circumstances. OSSE may, in its discretion, accept or deny a written request from the sending LEA to extend the period of time payments shall continue to be made to a nonpublic school or program.

2821.16 Upon notification from any source that a District of Columbia student placed at a nonpublic special education school or program has been hospitalized, incarcerated, detained, placed at a residential facility, or placed at any other school or program, the nonpublic special education school or program shall:

(a) Notify the sending LEA immediately in writing and request written

information regarding the student’s status and whether or not the student is to be withdrawn from the nonpublic special education school or program;

(b) Comply within two (2) business days to a request from the receiving

facility or the sending LEA for records or other input for the purpose of providing appropriate academic instruction and related services to the student at the new placement; and

Inform OSSE, in the attendance report accompanying its next invoice, of

the student’s status, the date on which the nonpublic special education school or program learned of the new placement and, if known, the date on which the new placement was made.

2821.17 Unless payment has stopped under any of the provisions above, the final date for

which OSSE shall provide payment is the date on which the nonpublic special education school or program was notified of a student’s changed placement status consistent with provisions of this chapter or the last instructional school day prior to the date a subsequent placement begins billing for educational expenses, whichever date is earlier.

2821.18 OSSE, in its discretion, may seek a credit or refund for a payment made to a nonpublic special education school or program after the appropriate end date specified in this chapter.

2821.19 Unless a detailed written plan has been submitted to and approved by OSSE in advance, no nonpublic special education school or program shall implement a system of rewards or incentives that provides monetary awards to students for attendance.

History

Source: Final Rulemaking published at 57 DCR 9444, 9459 (October 8, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 5442 (July 1, 2011).

5-A DCMR § 2822 TERMINATION OF ENROLLMENT

2822.1 A nonpublic special education school or program shall not terminate the enrollment of any student, unless and until the sending LEA has been informed, in writing, not less than fifteen (15) instructional school days prior to the proposed date of termination.

2822.2 In the event of emergency circumstances, a nonpublic special education school or program shall not terminate the enrollment of any student, unless and until the sending LEA has been informed by the most expedient and appropriate means of communication with subsequent notice in writing.

History

Source: Final Rulemaking published at 57 DCR 9444, 9461 (October 8, 2010).

5-A DCMR § 2823 PERSONNEL QUALIFICATIONS

1 A nonpublic special education school or program shall ensure that its

organizational structure provides for the effective and efficient operation of the

school or program, supervision of the school personnel and supervision of the students.

2823.2 Effective no later than school year 2011-12, each member of the teaching staff shall hold a teaching certification from the state or district in which the school is located, to the same level as required for teaching staff in public schools of that state or district.

2823.3 Related service providers, whether employed or contracted by the nonpublic special education school or program, shall be appropriately certified, licensed or registered in their professional areas in alignment with requirements from the state or district in which the school is located, to the same level as required for teaching staff in public schools of that state or district.

2823.4 A nonpublic special education school or program shall maintain personnel files including, at minimum, resumes, attendance records, contracts, driver’s licenses (or equivalent), and evidence of child protective service and criminal background checks. Access to personnel policies and files shall be available to OSSE upon request, for the purposes of monitoring compliance with the requirements of this chapter.

2823.5 All nonpublic special education schools and programs must conduct child protective service and criminal background checks on school personnel. A nonpublic special education school or program shall complete criminal background checks consistent with the District of Columbia requirements.

History

Source: Final Rulemaking published at 57 DCR 9444, 9461 (October 8, 2010).

5-A DCMR § 2824 POLICIES AND PROCEDURES

2824.1 A nonpublic special education school or program shall maintain on file, at minimum, written policies and procedures that address the following areas:

(a) Mission statement;

(b) Positive behavior support policy statement and school-wide positive behavior plan, including a school-wide crisis plan;

(d) Participation of all District of Columbia students in state-wide assessments;

(e) Opportunities for enrolled students to interact maximally with their non-disabled peers during such time as they are enrolled in the nonpublic special education school or program;

(f) Reintegration plan for return to a less restrictive environment;

(g) Postsecondary transition services and transition planning;

(h) Truancy;

(i) Records management and confidentiality of student records;

(j) Process for a student or parent to make a complaint to the nonpublic special education school or program about the services the student is receiving, including how to access OSSE’s state complaint process;

(k) Employee policies including position descriptions, staff evaluation policies, staff discipline policies (including suspensions and dismissals), procedures for handling complaints by staff, and a statement of equal employment/educational opportunities in regard to race, color, creed, religion, national origin, sex, sexual orientation and disability;

(l) A plan for meaningful participation by the parent and other family members authorized by the parent;

(m) Supervision of students;

(n) A plan for serving students with limited English proficiency;

(o) Admissions and termination criteria;

(p) Reporting of suspected child abuse or neglect;

(q) Timely IEP implementation, including conducting and participating in IEP team meetings;

(r) Conducting evaluations and reevaluations; and

(s) Professional development plan which ensures adequate staff education on policies and procedures.

History

Source: Final Rulemaking published at 57 DCR 9444, 9462 (October 8, 2010).

5-A DCMR § 2825 PROFESSIONAL DEVELOPMENT AND TRAINING

2825.1 A nonpublic special education school or program shall conduct personnel training at least once annually, regarding:

(a) Research-based interventions;

(b) Alignment of curriculum to state standards, including District Learning Standards;

(d) Procedural safeguards for students and parents;

(e) Positive behavior support;

(f) Restraints/seclusion policies in accordance with this chapter;

(g) Reporting of suspected abuse or neglect;

(h) Emergency procedures including evacuation and fire drills;

(i) Truancy; and

(j) Equal employment opportunities.

History

Source: Final Rulemaking published at 57 DCR 9444, 9463 (October 8, 2010).

5-A DCMR § 2826 INFORMATION FOR STUDENTS

2826.1 A nonpublic special education school or program shall provide each student with full and up to date information about its program, including at minimum its academic policies, IEP process, policies on behavior management, student rights and privileges and the process for making a confidential complaint about the services or treatment he or she is receiving at the school or program.

History

Source: Final Rulemaking published at 57 DCR 9444, 9463 (October 8, 2010).

5-A DCMR § 2827 INFORMATION FOR PARENTS

2827.1 A nonpublic special education school or program shall provide every parent with complete and up to date information about its program, including at minimum its academic policies, IEP process, policies on behavior management, student rights and privileges and the process for a parent to make a complaint about the services or treatment a student is receiving at the school or program.

2827.2 In addition to the information set forth in the above subsection, the nonpublic special education school or program shall provide information to all parents regarding monitoring by OSSE, including the fact that students may be asked to participate in interviews or other fact-gathering activities with OSSE representatives.

History

Source: Final Rulemaking published at 57 DCR 9444, 9464 (October 8, 2010).

5-A DCMR § 2828 FACILITIES

2828.1 A nonpublic special education school or program shall have current licenses, approvals, and certificates of inspection by state and local agencies, covering safety, fire, lead paint, health, building code, Americans with Disabilities Act and any other inspections that may be required by local or state authorities.

History

Source: Final Rulemaking published at 57 DCR 9444, 9464 (October 8, 2010).

5-A DCMR § 2829 PUBLIC ACCOUNTABILITY

2829.1 A nonpublic special education school or program shall maintain and keep up to date on an internet website, and make available for public review upon request, the following information:

(a) Statement of purpose, including the number of students served and disability categories served;

(b) Description of the education program;

(d) Discipline and behavior management policies;

(e) Rates and tuition information;

Professional staff listing, including qualifications;

Licensure, certifications and accreditation status; and

Management and ownership.

2829.2 The following documents shall be maintained onsite at the school and

made available for review upon request:

(a) Documentation of current certificate of approval by the District of Columbia and all other relevant certifications and licensing bodies;

(b) Documents granting authority to operate the school, including documents that fully identify ownership, and, as applicable, the names of officers, boards, charters, partnership agreements, articles of organization, and by-laws; and

History

Source: Final Rulemaking published at 57 DCR 9444, 9464 (October 8, 2010).

5-A DCMR § 2830 INCIDENT REPORTING

2830.1 A separate written incident report shall be prepared for each student subject to the use of restraints or seclusion within twenty four (24) hours of the incident in accordance with this chapter.

2830.2 Any other incident involving physical injury to a student shall be reported in writing within one (1) business day to the sending LEA, any other involved District of Columbia agency, and the student’s parent(s).

History

Source: Final Rulemaking published at 57 DCR 9444, 9465 (October 8, 2010).

5-A DCMR § 2831 EMERGENCY REPORTING

2831.1 In the event of fire or any other form of emergency situation, the nonpublic special education school or program must provide the sending LEA and OSSE with written notification as soon as is feasible, and status reports thereafter as requested by OSSE.

History

Source: Final Rulemaking published at 57 DCR 9444, 9465 (October 8, 2010).

5-A DCMR § 2832 MATERIAL EVENT REPORTING

2832.1 The nonpublic special education school or program shall notify the LEA and OSSE of a material event with a written report about such change of circumstances no later than fifteen (15) calendar days after the date of such event.

History

Source: Final Rulemaking published at 57 DCR 9444, 9465 (October 8, 2010).

5-A DCMR § 2833 INVOICING

2833.1 A nonpublic special education school or program shall submit to OSSE invoices for special education services in conformance with the service rates established in this chapter and consistent with policies and procedures applicable to payments to nonpublic special education schools, programs, and providers.

2833.2 DELETED.

2833.3 An invoice shall include the following information for each student:

Student name, date of birth, and the unique student identification

number if one has been assigned;

(b) The name of the District of Columbia agency responsible for placing the student at the nonpublic special education school or program. The responsible agency for:

(1) Day nonpublic special education schools and programs is the LEA that placed the student under IDEA; and

Residential nonpublic special education schools and programs there may be more than one (1) responsible agency, which may include the Department of Youth Rehabilitation Services (DYRS), the Child and Family Services Agency (CFSA), or the Department of Mental Health (DMH).

(d) The tuition rate per diem consistent with this chapter;

(e) The number of tuition days billed for on the invoice;

(f) Specific itemization of related services provided, including the frequency of each service and the unit of service provided on a per hour or per diem basis as appropriate;

(g) The student’s Medicaid number, if provided by the parent or the sending LEA; and

(h) An attendance report including specific days of attendance and absence

(identified as excused or unexcused). All absences will be presumed to be unexcused unless otherwise marked.

2833.4 Policies and procedures related to invoicing shall be published and made available by OSSE.

2833.5 A nonpublic special education school or program or related service provider shall obtain from OSSE a written rate confirmation prior to submission of an invoice.

2833.6 A nonpublic special education school or program or related service provider shall not submit an invoice based upon a bundled or packaged rate methodology when invoicing the District of Columbia government, unless:

(a) OSSE has accepted the per diem rate established by another state, or political subdivision within a state, based upon a rate setting methodology that has been deemed reasonable by OSSE; and

(b) The bundling of related services within the rate submitted to OSSE is permitted or required by that state or political subdivision.

2833.7 If a rate OSSE has previously confirmed is modified, written notification shall be given to OSSE, including copies of any related documents and communications with the rate-setting state or political subdivision regarding budget adjustments, rate adjustments, staffing vacancies, or other rate related matters.

2833.8 OSSE shall not accept for payment invoices submitted more than six (6) months after the date the services were provided, unless such payments are specifically mandated by an HOD or court order resulting from a due process hearing under IDEA.

2833.9 OSSE shall apply a debit to the account or seek a refund from a nonpublic special education school or program determined to have charged a duplicative fee or a fee in excess of a rate approved under this chapter.

2833.10 If a nonpublic special education school or program subcontracts with another individual or entity to deliver some or all of a student’s services, the subcontracted service provider may not bill OSSE directly. The nonpublic special education school or program must incorporate any such legitimate costs into its invoice for the student in accordance with approved rates and applicable invoicing requirements.

2833.11 OSSE shall not pay for services associated with any form of homebound instruction without proof of prior written approval from the responsible LEA and approval from OSSE. OSSE shall determine the applicable rates for such services on case-by-case basis for each individual student.

2833.12 A nonpublic special education school or program may not invoice OSSE for non-educational costs unless specified in a student’s IEP or in an HOD or court order resulting from a due process hearing under IDEA. OSSE shall not be responsible for non-educational costs for students placed into a nonpublic school or program by non-educational District of Columbia agencies including without limitation placements made by the District of Columbia Department of Youth Rehabilitation Services (DYRS), the Child and Family Services Agency (CFSA), and the Department of Mental Health (DMH).

2833.13 The first billing day for a student shall be the first full day of attendance at the nonpublic special education school or program.

2833.14 A nonpublic school or program shall provide a copy of any invoice submitted to OSSE, to an LEA upon request.

History

SOURCE: Final Rulemaking published at 57 DCR 9444, 9465 (October 8, 2010); as amended by Final Rulemaking published at 58 DCR 5442, 5446 (July 1, 2011); as amended by Final Rulemaking published at 59 DCR 7495, 7503 (June 22, 2012).

5-A DCMR § 2834 MEDICAID

2834.1 A nonpublic special education school or program shall adhere to all federal and District of Columbia laws and regulations governing Medicaid reimbursable services, including, but not limited to, documentation of all instances of IEP health-related services delivered to District of Columbia students.

2834.2 A nonpublic special education school, program or related service provider shall keep organized and confidential records that detail client specific information regarding all specific Medicaid reimbursable services provided for each individual recipient of services and retain those records for review. All such documentation shall include with the invoice:

(a) Recipient’s name, date of birth, and Medicaid or unique identification number;

(b) Date, start time, and location of the services;

(d) A description of the services provided, including diagnosis code and level of service;

(e) Duration (or unit) of service, with start time;

(f) Therapy modality (individual or group, including the size of the group);

(g) Dated progress notes with an original signature by the service provider, including credentials (and signature of qualified supervisors for service providers requiring supervision);

(h) A copy of provider health evaluation(s) and assessments(s);

(i) A copy of the current IEP authorizing related service(s);

(j) Individual service provider daily documentation of the nature of the service encounters and progress notes, signed and dated by the provider, and listing the provider’s credentials; and

(k) An attendance report including specific days of attendance and absence

(identified as excused and unexcused) for each student included in an invoice.

2834.3 The frequency, duration and scope of services shall be specified in the student’s

IEP consistent with the IDEA and its implementing regulations.

2834.4 All services shall be documented within fifteen (15) calendar days of delivery and submitted with invoices using the format required by the District of Columbia. .

2834.5 As requested by OSSE, a nonpublic special education school or program shall enter into a contract confirming its rates for Medicaid purposes and consistent with the Placement Act requirements.

2834.6 An LEA shall give placement preference to a Psychiatric Residential Treatment Facility (PRTF) that meets the District of Columbia Department of Health Care Finance (DHCF) standards and requirements specified in 29 DCMR § 948. It is the responsibility of the LEA, with the consent of the child’s parent pursuant to 34 C.F.R. § 300.154(2010), to contact DHCF to determine whether the child is eligible or entitled to Medicaid benefits and should request a certification from the District of Columbia Department of Mental Health (DMH) stating that admission to a PRTF is medically necessary under 29 DCMR § 948.7.

History

Source: Final Rulemaking published at 57 DCR 9444, 9466 (October 8, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 5442, 5448 (July 1, 2011).

5-A DCMR § 2835 ANNUAL CERTIFICATE OF COMPLIANCE

2835.1 Pursuant to D.C. Official Code § 38-2561.08, a nonpublic special education school or program shall certify compliance with this chapter not less than forty-five (45) calendar days prior to the start of the school year, using such forms as shall be provided by OSSE.

History

Source: Final Rulemaking published at 57 DCR 9444, 9467 (October 8, 2010).

5-A DCMR § 2836 DISCLOSURE OF INFORMATON

2836.1 A nonpublic special education school or program shall make available to OSSE, on request, information on all aspects of the school’s program(s), staff credentials, certification by agencies other than OSSE, information regarding any complaints made, health and safety information, the individual records of District of Columbia students, and any other information that OSSE may reasonably require in exercising its duties as the SEA.

History

Source: Final Rulemaking published at 57 DCR 9444, 9467 (October 8, 2010).

5-A DCMR § 2837 MONITORING

2837.1 Pursuant to D.C. Official Code § 38-2561.09, OSSE shall schedule periodic monitoring visits to each nonpublic special education school or program at least once during the validity of each certificate of approval, to verify compliance with this chapter, federal and local law. Prior to a scheduled monitoring visit, a nonpublic special education school or program shall inform all parents of enrolled District of Columbia students that a scheduled monitoring visit shall occur.

2837.2 Representatives of OSSE may make unannounced visits to a nonpublic special education school or program, review student records, and conduct interviews with students and staff. OSSE, as the District of Columbia’s SEA, is entitled to immediate access to all student records for monitoring and investigative purposes and shall maintain their confidentiality as required by law. The nonpublic special education school or program shall cooperate in full with any requests for documentation, file review, interviews and access to the facility during an unannounced visit. OSSE may interview students on site at a school or program without school representatives being present. OSSE shall make its requests in a manner least intrusive to the delivery of services to students.

2837.3 OSSE shall issue to the nonpublic special education school or program a monitoring report at least once in every period of validity for a certificate of approval, to include any findings of noncompliance with D.C. Official Code §38-2561 and this chapter.

History

Source: Final Rulemaking published at 57 DCR 9444, 9468 (October 8, 2010).

5-A DCMR § 2838 INITIAL APPLICATION FOR CERTIFICATE OF APPROVAL

2838.1 A nonpublic special education school or program seeking a certificate of approval from OSSE shall complete an initial application. Any application shall be made on OSSE’s standard form, which shall comply with the requirements of D.C. Official Code § 38-2561.07(e).

2838.2 An initial application by a nonpublic special education school or program shall be made by the nonpublic special education school or program itself. OSSE will not accept an application for a certificate of approval completed and submitted by a parent, advocate, or LEA.

2838.3 OSSE shall not accept or consider incomplete applications.

2838.4 OSSE shall review each application submitted for an initial Certificate of

Approval according to the criteria specified in this chapter and shall consult with other District agencies and agencies of other state and local governments as applicable.

2838.5 OSSE shall not grant approval to the educational component of a nonpublic special education residential school or program until all licenses required by local or state law have been awarded. OSSE shall not grant approval to any nonpublic special education school or program lacking a physical location at the time of its application.

2838.6 A certificate of approval shall become effective as prescribed by OSSE. OSSE may, at its discretion, schedule site visits, interviews, or other inspections, and/or consult with counterparts in the host state, District agencies or other relevant stakeholders prior to granting a certificate of approval. OSSE shall provide the applicant with written notice of its actions and the reasons for such actions.

History

Source: Final Rulemaking published at 57 DCR 9444, 9468 (October 8, 2010).

5-A DCMR § 2839 EXPIRATION OF A CERTIFICATE OF APPROVAL

2839.1 It is the responsibility of the nonpublic special education school or program to submit a timely application for renewal of its certificate of approval. The failure to submit a timely renewal application shall result in an automatic expiration of the certificate of approval as of the date of expiration on the certificate of approval. Upon expiration, the school or program shall be out of compliance with the Placement Act and may not serve District students.

History

Source: Final Rulemaking published at 57 DCR 9444, 9469 (October 8, 2010).

5-A DCMR § 2840 RENEWAL OF AN EXISTING CERTIFICATE OF APPROVAL

2840.1 A nonpublic special education school or program may have its Certificate of

Approval renewed for up to three years at a time. An application for renewal must be submitted not later than one hundred and eighty (180) calendar days prior to the expiration date of the current certificate of approval, using a standard renewal form which shall be published on OSSE’s website. It is the responsibility of the nonpublic special education school or program to apply for renewal of certification.

2840.2 Any corrective actions required by OSSE and in place at the time of application for renewal of a certificate of approval must be completed as a condition of renewal.

2840.3 OSSE may revoke or decline to renew a certificate of approval for any of

the reasons pursuant to D.C. Official Code §38-2561.11 and this chapter.

History

Source: Final Rulemaking published at 57 DCR 9444, 9469 (October 8, 2010).

5-A DCMR § 2841 EXTENSION OF A CERTIFICATE OF APPROVAL

2841.1 OSSE may in its discretion extend a certificate of approval or grant a provisional certificate of approval pending final action on an application.

2841.2 A nonpublic special education school or program must submit an application form for any new branch or campus not covered by the existing certificate of approval.

2841.3 OSSE may modify a certificate of approval to allow a nonpublic special education school or program to reflect a material change at the school, to incorporate campus or program additions or changes, or as OSSE otherwise deems appropriate.

History

Source: Final Rulemaking published at 57 DCR 9444, 9469 (October 8, 2010).

5-A DCMR § 2842 FINDINGS, CORRECTIVE ACTION AND PROCEEDING TO CHANGE CERTIFICATE OF APPROVAL STATUS

2842.1 At least once within the period of validity for each certificate of approval, OSSE shall, based on its monitoring activities, make written findings, documenting noncompliance with the Placement Act and other applicable laws and rules.

2842.2 Any finding of noncompliance that constitutes a violation of D.C. Official Code

§38-2561.11(a) shall be clearly documented.

2842.3 In the event OSSE determines a special education school or program has violated D.C. Official Code §38-2561.11(a), OSSE may in its discretion take action with regard to the status of the school’s certificate of approval.

2842.4 If OSSE makes one or more findings of noncompliance, whether or not such

findings constitute violations of D.C. Official Code §38-2561.11(a), OSSE may order the nonpublic special education school or program to correct the violation(s) within a specific timeframe, and may require the school or program to produce and implement a corrective action plan. Failure to comply with a corrective action, may, at OSSE’s discretion, result in a notification of a proceeding to deny, revoke, refuse to renew or suspend the nonpublic special education school or program’s certificate of approval.

2842.5 Pursuant to D.C. Official Code §38-2561.11(b), OSSE may, in its discretion, issue a notification of a proceeding to deny, revoke, refuse to renew or suspend a certificate of approval at any time OSSE makes a finding of a violation of D.C. Official Code §38-2561.11(a), with or without providing the school or program an opportunity to correct findings that constitute violations of the law or rules thereunder.

2842.6 Pursuant to D.C. Official Code §38-2561.11(b), a written notification of a proceeding to the nonpublic special education school or program shall specify the violations of D.C. Official Code §38-2561.11(a) and the action to be taken, including an intention to deny, revoke, refuse to renew or suspend a certificate of approval; as well as notice of an opportunity for a hearing. In the event a school or program does not timely request a hearing under section A-2843 of this chapter and the Placement Act, OSSE’s intended action shall be final and take effect. OSSE shall deliver notice to the school or program of the final action.

History

Source: Final Rulemaking published at 57 DCR 9444, 9470 (October 8, 2010).

5-A DCMR § 2843 CERTIFICATE OF APPROVAL REVIEW PROCESS

2843.1 A nonpublic special education school or program may request a hearing and opportunity for an oral presentation to review a notification of a violation and intent to take action regarding the school or program’s certificate of approval under D.C. Official Code §38-2561.11(a).

2843.2 A nonpublic special education school or program shall request such hearing in writing, no later than thirty (30) days after the receipt date of a written notification of violation and intent to take action regarding the school or program’s noncompliance. A hearing request involving a nonpublic special education school or program’s aversive intervention policy or practice shall be submitted to OSSE in writing not later than ten (10) days after the receipt date of the written notification of noncompliance.

2843.3 The hearing request and all submissions shall be addressed to the attention of the Office of the State Superintendent of Education, Office of the General Counsel, Attn: Certificate of Approval Review.

2843.4 The hearing shall be conducted by an independent panel (panel) composed of three (3) but not more than five (5) members selected by the State Superintendent of Education.

2843.5 The panel shall not contain any person who has participated in the determination being reviewed or who is a member of the OSSE Department of Special Education (DSE).

2843.6 The nonpublic special education school or program’s written request for a hearing shall be submitted to the OSSE Office of General Counsel and shall include the following:

A concise statement of facts regarding each specific violation, finding, or action of which the school or program seeks review;

The specific basis for opposing each violation, finding or action subject to review, including the identification of any specific document submitted as part of the record to support the nonpublic special education school or program’s position;

The specific relief requested;

The statutory and factual justification for the relief requested;

Two copies of all documentary evidence and an index of the documents for consideration by the panel; and

A request for an oral presentation consistent with section A-2843.10 if the school or program seeks an opportunity for an oral presentation at the hearing.

2843.7 OSSE shall respond in writing to the school or program’s submissions with regard

to the hearing, not later than five (5) days prior to the hearing date. OSSE’s submission shall conform to the process set forth in this chapter.

2843.8 The hearing panel’s decision shall be based upon the written record including the nonpublic special education school or program’s written submission and documentary evidence in support of its request; OSSE’s monitoring report or written determination of violations including any attachments; OSSE’s notification of noncompliance; a response by DSE; and any other documentation considered relevant by the panel, including additional documentation that may be requested by the independent panel.

2843.9 The hearing shall be held not later than thirty (30) days after the receipt date of the written request for a hearing, except that a hearing shall be held within fifteen (15) days after the receipt date of a request for a hearing in a case involving aversive intervention policies or practice.

2843.10 A written request for oral presentation before the panel shall be submitted at the same time as and included with a request for a hearing. The special education school or program and DSE shall make a representative available to appear before the panel at the time scheduled by the panel. The length of an oral presentation shall be limited to twenty (20) minutes unless otherwise specified by the panel.

2843.11 The nonpublic special education school or program shall continue to provide special education and related services to a District of Columbia student consistent with a student’s IEP; and may submit invoices for such services consistent with this chapter and a final decision by the panel.

2843.12 The written decision of the panel shall be issued within ten (10) days after a

hearing is concluded.

2843.13 Pursuant to D.C. Official Code §38-2561.11(b), the decision of the panel is final and not appealable.

2843.14 OSSE shall publish the final decision issued by the panel, and take appropriate action in conformance with the final decision, including specific notification to the nonpublic special education school or program, and other relevant parties as OSSE deems appropriate including LEAs, and other government officials within or outside the District of Columbia.

History

Source: Final Rulemaking published at 57 DCR 9444, 9471 (October 8, 2010).

5-A DCMR § 2844 [REPEALED]

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5448 (July 1, 2011); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2844

5-A DCMR § 2845 RATES – GENERAL

2845.1 OSSE shall establish and publish on an annual basis, or more frequently as needed, maximum rates to be paid for tuition and related services to nonpublic special education schools and programs providing special education and related services to students funded by the District of Columbia.

2845.2 Nothing in this chapter shall prohibit OSSE from:

(a) authorizing and accepting a rate higher than the rates set by this chapter in situations in which there is no other appropriate placement for an individual child;

(b) entering into contracts with nonpublic special education schools or programs for competitive rates or prohibit OSSE from recognizing competitive rates negotiated by District of Columbia LEAs or other District of Columbia agencies; or

(c) paying for all IDEA services ordered in an HOD or court order resulting from a due process complaint filed under IDEA.

2845.3 A nonpublic school or provider shall not submit for approval or charge the District of Columbia at a rate higher than a rate charged to other jurisdictions or to the private-paying general public for the same or a comparable service.

2845.4 A nonpublic special education school or program shall provide, upon request, a copy of all tuition and fee schedules provided to or charged to the private-paying general public.

2845.5 A nonpublic special education school or program shall not require the parents of a student enrolled in its school or program and funded by the District of Columbia, to sign a contract or agreement making the parents responsible for tuition and related services costs.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5451 (July 1, 2011).

5-A DCMR § 2846 NONPUBLIC SPECIAL EDUCATION SCHOOL OR PROGRAM RATES ESTABLISHED IN ANOTHER STATE

2846.1 Pursuant to the following sections, a nonpublic special education school or program may request that OSSE recognize a rate or set of rates approved in another state, or political subdivision within a state, based upon a rate-setting methodology OSSE deems to be reasonable. If another jurisdiction’s rate-setting methodology results in a set of rates for a given school or program(for example, a per diem tuition rate and/or related service(s) rates) the set of rates shall be recognized by OSSE in total..

2846.2 A nonpublic special education school or program shall submit to OSSE documentation that supports the rate(s) established in another state in an appropriate electronic format, annually or within five (5) business days after the date a student is enrolled at the nonpublic special education school or program. The documentation submitted to OSSE shall include the following information:

(a) A complete set of all documents submitted to the rate-setting state or

political subdivision;

(b) Copies of all communications and notices received from the rate-setting

state, or political subdivision within a state, describing all limitations to the rates including, without limitation, the effective dates;

education rate; and

(d) The number of regular school days in the year for which the rate(s) will be paid.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5451 (July 1, 2011).

5-A DCMR § 2847 DAY AND RESIDENTIAL PROGRAM TUITION RATE ESTABLISHED BY THE DISTRICT

2847.1 Effective July 1, 2011, the maximum annual per student tuition rate to be paid by the District of Columbia to a nonpublic special education school or program shall be based on the funding established by the Uniform Per Student Funding Formula (UPSFF) for students with disabilities enrolled in a District of Columbia public school.

2847.2 The maximum per diem tuition rates for non-ESY school days shall be derived by dividing the maximum annual per student tuition rate by one hundred eighty (180).

2847.3 If the District’s annual budget for the next fiscal year (beginning October 1) has not been approved by Congress by July 1, OSSE shall use the UPSFF rate set forth in the supplementary material (Budget Books) provided to Congress with the District’s Budget Request Act, until such time as the District’s annual budget has been approved by Congress.

2847.4 If the final version of the UPSFF enacted into law for a fiscal year differs from the UPSFF submitted to the U.S. Congress, OSSE shall reconcile payments consistent with the final UPSFF. Within sixty (60) business days after the effective date of the final UPSFF, the amounts paid to a nonpublic special education school or program or related service provider shall be reconciled in the following manner:

(a) A debit or a credit shall be posted to the account of each school, program, or provider as appropriate;

(b) Cash reimbursement for a credit may be considered only in exceptional circumstances based upon a written justification from the nonpublic special education school or program or related service provider, and accepted by OSSE.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5452 (July 1, 2011).

5-A DCMR § 2848 MAXIMUM ANNUAL AND PER DIEM PER STUDENT TUITION RATES

2848.1 The Maximum Annual Per Student Tuition Rate to be paid by the District of Columbia for a school year of one hundred eighty (180) regular instructional days shall be calculated according to the following formula:

UPSFF Special Education Schools per Pupil Allocation

UPSFF Level 4: Special Education per Pupil Supplemental

Maximum Annual Per Student Tuition Rate

2848.2 The Maximum Per Diem Tuition Rate to be paid by the District of Columbia for regular instructional days shall be calculated according to the following formula: Maximum Annual Per-Student Tuition Rate divided by one hundred eighty (180) days.

2848.3 Unless the requirements of paragraph (a) of this subsection are met, a school day,

including Extended School Year (ESY) programming that does not meet the six (6) hour minimum instructional school day requirement shall be billed on a pro rata hourly basis based on each school or program’s per diem tuition rate as established in this chapter. OSSE shall apply a debit to the account of or seek a refund from any nonpublic special education school or program found to have overcharged OSSE in violation of this section.

A nonpublic special education school or program that seeks to incorporate a school day that does not meet the six (6) hour minimum into the academic calendar shall submit a verification that other instructional days have been lengthened in order to ensure that the average number of instructional hours over the course of the school calendar meets or exceeds six (6) hours per day. This includes, but is not limited to, a routine early release day held in order to provide documented professional development or other mandatory faculty co-planning.

2848.4 The Maximum Per Diem Tuition Rate does not apply to homebound instruction as described in this chapter.

2848.5 The maximum annual and maximum per diem tuition rates shall be published on the OSSE website at www.osse.dc.gov at least annually.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5453 (July 1, 2011).

5-A DCMR § 2849 RATE SETTING – PER DIEM TUITION RATES FOR NONPUBLIC SPECIAL EDUCATION SCHOOLS AND PROGRAMS

2849.1 Except as described in subsections 2849.1 and 2849.2 below, the per diem tuition rate to be paid by the District of Columbia to a nonpublic special education school or program shall be the lowest of the:

(a) Maximum Per Diem Tuition Rate as calculated consistent with this

chapter;

(b) Per diem tuition rate the nonpublic school or program charges to the private-paying general public, derived by dividing the total annual tuition by the actual number of school days if necessary; or

(c) Per diem tuition rate set by another state, or political subdivision within a state, as the result of a rate-setting methodology that has been deemed to be reasonable by OSSE.

2849.2 OSSE shall accept the per diem tuition rate set by the state or political subdivision within the state in which the school or program is located when the per diem tuition rate is derived from a standardized rate-setting methodology deemed reasonable by OSSE. If the rate set by the state or political subdivision applies to more than one (1) campus or site, OSSE’s acceptance of a combined rate applies to all sites provided all sites have undergone the review and approval process of the rate-setting state.

2849.3 OSSE may accept a rate set by a state or political subdivision within the state other than the state in which the school or program is located that is higher than the Maximum Per Diem Rate as calculated in this chapter, if the higher rate is due to the bundling of related services as permitted by that state.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5454 (July 1, 2011).

5-A DCMR § 2850 EXTENDED SCHOOL YEAR RATES

2850.1 Rates for extended school year (ESY) services, as defined by 34 C.F.R. § 300.106, shall be prorated hourly, calculated according to this chapter, and based on a prorated instructional day.

2850.2 Each nonpublic school or program shall submit an ESY schedule documenting the amount of daily instruction provided in order for OSSE to approve the ESY rate. Such documentation shall be received, annually, no less than sixty (60) sixty days before the first date of expected ESY invoicing.

2850.3 No invoice for ESY services for a student shall be submitted to OSSE prior to the date OSSE has approved an ESY rate.

2850.4 No invoice for ESY services for a student shall be submitted to OSSE unless eligibility for ESY has been documented in the student’s IEP.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5454 (July 1, 2011).

5-A DCMR § 2851 RATE SETTING – RESIDENTIAL COSTS (RESIDENTIAL SCHOOLS)

2851.1 Psychiatric Residential Treatment Facilities (PRTFs).

(a) The residential per diem rate for a residential nonpublic school or program that meets the District of Columbia’s Department of Health Care Finance (DHCF) requirements for a Psychiatric Residential Treatment Facility (PRTF) under 29 DCMR § 948, shall be determined by DHCF under 29 DCMR § 949 and any other applicable rules and regulations.

A PRTF shall submit invoices for all non-tuition costs, as directed by DHCF, for Medicaid-enrolled District of Columbia students with a medical necessity determination from DMH.

Medicaid-enrolled or who have not received a medical necessity certification from DMH, shall invoice OSSE at the same reimbursement rate applicable to District of Columbia Medicaid enrollees.

2851.2 All Other Residential Facilities. Residential per diem rates (excludes all tuition and related services) for all nonpublic residential schools or programs that have not been certified as PRTFs by the District of Columbia shall be, at OSSE’s discretion:

The residential per diem rate set by another state or political subdivision as the result of a rate-setting methodology that has been deemed reasonable by OSSE;

The residential per diem rate the nonpublic school or program charges to the private-paying general public; or

The supplemental special education residential add-on rate established by the UPSFF for a student enrolled in a District of Columbia public school.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5455 (July 1, 2011).

5-A DCMR § 2852 RATE SETTING – RELATED SERVICES

2852.1 The Baseline Hourly Rate used to calculate the Maximum Hourly Rate for each of the following related services, as defined by 34 C.F.R. § 300.34(2010), including the Maximum Evaluation Cost for evaluation services, shall be the mean hourly rate from the United States Department of Labor Bureau of Labor Statistics (BLS) Metropolitan Area Occupational Employment and Wage Estimates for the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Division that corresponds to each of the following Standard Occupational Classification (SOC) system codes:

Audiology services, 34 C.F.R. § 300.34(c)(1)(2010) – SOC code 29-1181(Audiologist);

Counseling services, 34 C.F.R. §300.34(c)(2)(2010) and, for Psychological services provided by a Psychologist only, 34 C.F.R. § 300.34(c)(10):

(1) Provided by a Licensed Mental Health Counselor – SOC code 21-

1014 (Mental Health Counselors);

(2) Provided by a Licensed Social Worker – SOC code 21-1021

(Child, Family, and School Social Workers);

(3) Provided by a Psychologist – SOC code 19-3031 (Clinical,

Counseling, and School Psychologist);

(4) Provided by a Psychiatrist – SOC code 29-1066 (Psychiatrists);

Occupational Therapy services, 34 C.F.R. § 300.34(c)(6)(2010) – SOC code 29-1122 (Occupational Therapists);

Physical Therapy services, 34 C.F.R. § 300.34(c)(9)(2010) – SOC code 29-1123 (Physical Therapists);

Speech-Language Pathology services, 34 C.F.R. § 300.34(c)(15)(2010) – SOC code 29-1127 (Speech-Language Pathologists).

2852.2 Except as provided in (b) and (c) below, the Maximum Hourly Rate for individual related services shall be two and one half (2.5) times the Baseline Hourly Rate. Nonpublic special education schools and programs may not charge OSSE more than the rate charged to any private payer for the same related service. Providers may be required to provide copies of credentials to support any given rate.

For Counseling Services Provided by a Psychologist the Maximum Hourly Rate shall be two and three-quarters (2.75) times the Baseline Hourly Rate.

For Occupational Therapy Services the Maximum Hourly Rate shall be two and three-quarters (2.75) times the Baseline Hourly Rate.

2852.3 A nonpublic special education school, program, evaluator, or related service provider shall obtain from OSSE prior written approval for related service rates that are not provided for in this section. OSSE shall not pay for such a related service unless the rate is specifically approved by OSSE as part of the most recent certificate of approval process or through a separate rate review process.

(a) Unless otherwise set by the District’s Medicaid Program for PRTFs, the

maximum rate a related service provided to a student enrolled in a nonpublic special education day or residential school or program shall be aligned to the United States Department of Labor Bureau of Labor Statistics (BLS) Metropolitan Area Occupational Employment and Wage Estimates for the geographic area in which the day or residential program is located.

2852.4 If the rate of another state or political subdivision has been accepted by OSSE under this chapter is a bundled tuition rate that incorporates related service(s), the nonpublic school or program may not invoice OSSE separately for that service up to the number of bundled hours. OSSE shall apply a debit to the account of or seek a refund from a nonpublic school or program found to have charged OSSE in violation of this section.

2852.5 Group Rates for Related Services. The per-student hourly rate for each student in a group shall be based on the following formula:

(a) Group Size of 2 = (Individual Related Service Rate x 1.85) ÷ 2;

(b) Group Size of 3 = (Individual Related Service Rate x 1.95) ÷ 3;

(d) Group Size of 5 or more = (Individual Related Service Rate x 2.00) ÷ 5.

2852.6 Aides. For IEP-required aides, the baseline annual salary used to calculate the maximum hourly rate will be the mean annual salary from the United States Department of Labor Bureau of Labor Statistics (BLS) Metropolitan Area Occupational Employment and Wage Estimates for the Washington-Arlington-Alexandria, DC-VA-MD-WV Metropolitan Division that corresponds to occupational code 25-9041 (Teacher Assistants). The Maximum Hourly Rate for Aides shall be the mean annual salary divided by one hundred eighty (180) school days divided by six (6) instructional hours.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5455 (July 1, 2011).

5-A DCMR § 2853 RATE SETTING – EVALUATIONS

2853.1 The Maximum Evaluation Cost to be paid for each of the following evaluations will be calculated by multiplying the corresponding individual related service rate as described in section 2852 by the maximum number of hours permitted to be billed for each evaluation, as provided in the following chart:

Evaluation

Relevant DHCF Procedure Code Description(s)

Maximum Number of Hours

Corresponding Related Service Rate

(a) Audiology Evaluation

Evaluation of speech, language, voice, communication, and/or aural rehabilitation status

Audiology, 2852.1(a)

(b) Comprehensive Psychological Evaluation

Psychological testing (includes psychodiagnostic assessment of emotionality, intellectual abilities, personality and psychopathology, for example, MMPI, Rorschach, WAIS), per hour of the psychologist’s or physician’s time, both face-to-face time administering tests to the patient and time interpreting these test results and preparing the report

Counseling by a Psychologist, 2852.1(b)(3)

Neuropsychological testing battery (for example, Halstead-Reitan, Luria, WAIS-R) with interpretation and report

Counseling by a Psychologist, 2852.1(b)(3)

(d) Neuropsychological Evaluation

See the descriptions for the Comprehensive Psychological Evaluation and Neuropsychological Testing Battery

See the maximum hours for (b) + (c) above.

Counseling by a Psychologist, 2852.1(b)(3)

(e) Occupational Therapy Evaluation

Occupational therapy evaluation or re-evaluations

Occupational Therapy, 2852.1(c)

(f) Psychiatric Evaluation

Psychiatric diagnostic interview examination

Counseling by a Psychiatrist, 2852.1(b)(4)

(g) Physical Therapy Evaluation

Physical therapy evaluation or re-evaluation

Physical Therapy, 2852.1(d)

(h) Speech-Language Evaluation

Evaluation of speech, language, voice, communication, auditory processing, and/or aural rehabilitation status

Speech-Language Pathology, 2852.1(e)

2853.2 A nonpublic special education school, program, evaluator, or related service provider shall obtain from OSSE prior written approval for an evaluation rate that is not provided for in this section. OSSE shall not pay for such a related service unless the rate is specifically approved by OSSE as part of the most recent certificate of approval process or through a separate rate review process.

Unless otherwise set by the District’s Medicaid Program for PRTFs, the

Maximum Evaluation Cost for an evaluation provided to a student enrolled in a nonpublic special education day or residential school or program shall be aligned to the United States Department of Labor Bureau of Labor Statistics (BLS) Metropolitan Area Occupational Employment and Wage Estimates for the geographic area in which the day or residential program is located and multiplied by the permitted number of hours.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5457 (July 1, 2011).

5-A DCMR § 2854 RATE-SETTING – ADMINSTRATION AND APPEALS

2854.1 OSSE shall publish and maintain on its website a list of nonpublic special education schools and programs providing special education services to District of Columbia students.

2854.2 OSSE shall be responsible for processing all payments for services provided to students attending nonpublic special education schools or programs paid for by the District of Columbia and shall:

Issue written guidance with regard to OSSE’s payment policies and procedures;

Issue written guidance for dispute resolution with regard to payments made under the Placement Act and this chapter;

Publish rate and payment related guidance on the OSSE website; and

Publish the components of the annual rate calculation formula on the OSSE website.

2854.3 The exclusive means for a nonpublic special education school or program to appeal a rate established by OSSE under the Placement Act or this chapter is the reconsideration review process before the rate reconsideration panel established by the Placement Act.

2854.4 The rate established by OSSE shall remain in effect pending a final decision of the rate reconsideration panel.

2854.5 A rate shall be 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. In order to be heard and considered, a nonpublic special education school or program’s written request for reconsideration of a rate established under this chapter shall:

Be filed with OSSE within thirty (30) calendar days after the school or program receives notification of the rate established by OSSE under this chapter;

State with specificity the relief requested;

Include documented data and analysis to justify the request for a specific rate and an explanation why the special education services required by the District student’s IEP could not be met at the established rate; and

(d) Provide any other information deemed appropriate by the rate reconsideration panel to allow an analysis of the claim.

2854.6 The rate reconsideration panel may in its discretion review individual exceptions for a student the panel determines has unique or highly specialized needs that cannot be properly addressed and funded through the aggregate rate. In the case where reconsideration is being requested for an individual exception to an aggregate rate, the requesting party shall:

(a) Justify with specificity the necessity to pay for services at a rate in excess of an established rate;

(b) Demonstrate the existence of the student’s unique or highly specialized needs;

specific rate and an explanation why the special education services required by the District student’s IEP could not be met at the established rate; and

Provide any other information deemed appropriate by the rate

reconsideration panel to allow an analysis of the claim.

2854.7 Upon receipt of a timely request for reconsideration that conforms with the

requirements of the Placement Act and this chapter, OSSE shall convene and provide administrative support to the rate reconsideration panel in conformance with the Placement Act. OSSE shall establish guidance with regard to the panel hearing process and member conduct, including:

Confidentiality requirements;

Member duties, responsibilities, and prohibitions against representations or public statements related to panel membership;

The rate reconsideration hearing procedures, including a requirement to issue a panel decision within forty-five (45) days after the date of the receipt of a request for reconsideration; and

Specifications regarding the official record.

2854.8 The rate reconsideration panel may require a nonpublic special education school or program requesting reconsideration of a rate to provide the panel with further documentary evidence required to make a decision and may establish deadlines for the submission of such evidence.

History

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5459 (July 1, 2011).

5-A DCMR § 2899 DEFINITIONS

Any term used in this chapter that is not otherwise defined herein, has the same meaning as the D.C. Official Code §§ 38-2561 et seq. and the IDEA 20 U.S.C. §§ 1400 et seq.

Americans with Disabilities Act - Americans with Disabilities Act of 1990, (P.L. 101-336, 104 Stat 327, approved July 26, 1990) as amended, 42 U.S.C. §§ 12101 et seq.

Abuse - as defined in D.C. Official Code § 16-2301.

Behavior Intervention Plan or BIP – is a written plan that describes: how an educational setting will be changed to improve the behavioral success of a student; the teaching that will occur to give the student alternative ways of behaving; the consequences that will be provided to (a) encourage positive behavior, (b) limit inadvertent reward of problem behavior, and (c) where appropriate, discourage problem behavior; and procedures for ongoing assessment to determine if the BIP is being implemented correctly and if implementation is resulting in benefits for the student.

Bundled or Package Rate Methodology - use of a single invoice for groups of services to students with disabilities without documentation of the actual delivery of services or their costs on an individual per student basis, and which therefore does not qualify for Medicaid reimbursement under federal guidance.

Days – calendar days unless otherwise noted.

Emergency circumstances – A temporary and unusual circumstance in which intervention is reasonably believed to be necessary to protect a student or other person from imminent, serious physical harm. Property destruction, disruption of school order, or failure of a student to follow the directive of a school official shall not alone constitute imminent, serious physical harm.

Evaluation --

(a) Procedures used in accordance with 5-A DCMR Chapter 30 to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs;

(b) The process of reviewing:

(1) Information from the parent;

(2) Existing data; and

(3) Results of assessment procedures used to determine the child’s present level of performance, educational needs and whether a child has a disability, and the nature and extent of the special education and related services that the child needs; and

Extended school year services or ESY services – are special education and related services that are provided to a student with a disability beyond the normal school year in accordance with a student’s IEP, provided at no cost to the parents of the student, and meet the standards of the SEA.

Family Educational Rights and Privacy Act or FERPA - Family Educational Rights and Privacy Act of 1974, Elementary and Secondary Education Amendments Act, approved August 21, 1974 (P.L. 93-380; 88 Stat 571 as amended , 20 U.S.C. § 1232g); and implementing rules at 34 C.F.R. Part 99.

Full approval status - the recognition by OSSE that a nonpublic special education school or program has demonstrated an ability to comply with the standards of this Chapter, and has successfully completed an application for a certificate of approval.

Functional behavior assessment or FBA – is a process for identifying (a) observable problem behaviors, (b) the contexts or routines where the problem behaviors are most likely, (c) the specific antecedent events within a context or routine that reliably predict occurrence of problem behaviors, and (d) the consequences that appear to maintain the problem behavior.

Individuals with Disabilities Education Act or IDEA - Individuals with Disabilities Education Act, approved November 29, 1975 (P.L. 94-142; 89 Stat. 773, as amended, 20 U.S.C. §§ 1400 et seq.).

Individualized education program or IEP - a written plan that specifies the special education and related services to be provided to meet the unique educational needs of a student with a disability, in conformance with the IDEA (See 20 USC § 1414(d)).

Material event – a change of circumstances or requirements related to a nonpublic special education school or program’s permit or license; a change in accreditation status; change of financial status or court protection; a major change in program offerings; a change in ownership, management or leadership of the school or program including administrative director, principal or chief executive officer.

Mechanical restraint - the use of a physical device to restrict the movement of a student or the movement or normal function of a portion of his or her body. A protective or stabilizing device ordered by a physician shall not be considered mechanical restraint.

Neglect - as defined in D.C. Official Code § 16-2301.

Nonpublic special education school or program - a privately owned or operated preschool, school, educational organization, or program, no matter how titled, that maintains or conducts classes for the purpose of offering instruction, for a consideration, profit, or tuition, to students with disabilities; provided that the term “nonpublic special education school or program” shall not include a privately owned or operated preschool, elementary, middle, or secondary school whose primary purpose is to provide educational services to students without disabilities, even though the school may serve students with disabilities in a regular academic setting.

OSSE - the Office of the State Superintendent of Education for the District of Columbia.

Parent - as defined in the IDEA, 20 U.S.C. § 1401(23) and 34 C.F.R. 300.30.

Personnel – any individual on site at a special education school or program or a person who works with a student on a full-time, part-time, temporary or contractual basis who is paid for services or volunteers service without monetary or other compensatory benefit.

Physical restraint - a personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely. The term does not include a physical escort, or a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of assisting a student in moving to a safe location.

Placement Act - the Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code §§ 38-2561.01 et seq.).

Probationary approval status - a demotion from full approval status, granted by OSSE, that requires the nonpublic special education school or program to develop and implement a corrective action plan and timelines dictated by OSSE.

Prone restraint – The use of force, use of a physical device, or both, to hold a child face down or stomach down on the floor.

Provider - a facility or person providing a special education or related service to a student with a disability.

Provisional approval status - the less than full approval status granted by OSSE to a nonpublic special education school or program pending the submission of all documentation required for the satisfactory completion of a certificate of approval application.

Psychiatric residential treatment facility or PRTF - a psychiatric facility that is not a hospital and is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on accreditation of Rehabilitation Facilities, the Council on Accreditation of Services for Families and Children, or by any other accrediting organization with comparable standards recognized by the state in which the facility is located and provides inpatient psychiatric services for individuals under the age of twenty-two (22) in conformance with the federal requirements set forth in sections 441.151 through 441.182 of Title 42 of the Code of Federal Regulations (C.F.R.).

Rate - a fee for a special education service, including the per-diem or hourly cost paid to each nonpublic special education day or residential school (including PRTFs) or program, for tuition, and related services delivered in conformance with an IEP, unless otherwise specified in this chapter.

Receipt Date–the date of actual receipt for hand delivered documents and documents sent electronically to a designated contact; or three days after the postmark date of transmittal.

Rehabilitation Act- The Rehabilitation Act of 1973, approved September 26, 1973 (P.L. 93-112, 87 Stat 394, as amended, U.S.C. § 12101 et seq.).

Related Service - as defined in the IDEA, 20 U.S.C. § 1401(26); and 34 C.F.R 300.34(a)

Seclusion – The involuntary confinement of a child alone in a room or area from which he or she is physically prevented from leaving, or from which the child believes he or she may not leave, whether or not in a locked area, except that such term does not include a time out or other similar behavior management technique that may involve the separation of the student from the group, in an unlocked setting, for the purpose of calming.

Sending LEA – refers to the local education agency (LEA) at which the student remains enrolled while attending a nonpublic special education school or program, that remains responsible for ensuring the provision of FAPE to the student and compliance with the IDEA.

Special education - specialized services for students identified as having disabilities, as provided in section 101 of the IDEA, or students who are individuals with a disability as provided in section 7(8)of the Rehabilitation Act of 1973, 29 U.S.C. § 706(8)).

Student with a disability - a student determined to have one of the conditions, disabilities or impairments listed in D.C. Official Code § 38-2561.01(14) or any other condition, disability, or impairment described in Section 602(3) of the IDEA, 20 U.S.C. § 1401; or in Section 7(8) of the Rehabilitation Act, 29 U.S.C. § 796(8)).

Truancy - the absence of a school-age student from any portion of the school day without a valid excuse consistent with the requirements of the attendance and truancy requirements set forth in chapter A-21 of Title 5 of the DCMR.

History

SOURCE: Final Rulemaking published at 57 DCR 9444, 9473 (October 8, 2010).; as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 2899

5-A29 INVOICE PROCESSING FOR SPECIAL EDUCATION PROVIDERS SERVING DISTRICT OF COLUMBIA CHILDREN WITH DISABILITIES FUNDED BY THE DISTRICT OF COLUMBIA

5-A DCMR § 2900 INVOICE PROCESSING FOR SPECIAL EDUCATION PROVIDERS SERVING DISTRICT OF COLUMBIA CHILDREN WITH DISABILITIES FUNDED BY THE DISTRICT OF COLUMBIA

2900.1 The Office of the State Superintendent of Education (OSSE) shall be responsible for processing all payments for services provided to children with disabilities attending nonpublic special education schools or programs and other providers as authorized by the District of Columbia.

2900.2 The rules in this chapter shall apply to all payments and disputes between OSSE, Local Education Agencies (LEAs), and providers authorized to receive payments for services pursuant to chapter 28 of this subtitle.

2900.3 An LEA shall be responsible for payments of authorized services to its students, provided that DCPS shall also be responsible for payments for authorized services provided to students attending a public charter school that has elected DCPS to serve as its LEA for special education purposes pursuant to D.C. Official Code § 38-1802.02(19) (2001 Ed.)

4 OSSE and the LEAs shall post on their websites information about submission of invoices, including where invoices must be sent, verification of the receipt of invoices, the process related to invoice disputes, and contact information with regard to these matters.

History

SOURCE: Final Rulemaking published at 59 DCR 7495 (June 22, 2012).

5-A DCMR § 2901 INVOICE SUBMISSION

2901.1 A provider seeking reimbursement for authorized services shall submit to OSSE or an LEA, as appropriate, invoices for special education services in conformance with the special education service rates and procedures established by chapter 28 of this subtitle.

2901.2 Payments of invoices shall be limited to the services specified and authorized in a student’s Individualized Education Program (IEP), a Hearing Officer Determination (HOD) resulting from an Individuals with Disabilities Education Act (IDEA) due process hearing, a court order regarding the student’s special education needs, or a service approved in writing by OSSE or the responsible LEA. A Settlement Agreement (SA) shall be accepted as authorization for payment unless it violates applicable federal and local laws and regulations.

2901.3 Invoices shall be processed for payment based upon the invoice processing date,

as defined in § 2999. For example, if an invoice is received on March 3, it will be processed as if received on March 5, and undisputed amounts must be paid by April 5. If an invoice is received on March 6, however, it will be processed as if received on March 15, and undisputed amounts must be paid by April 15. Finally, if an invoice is received on March 16, it will be processed as if received on April 5 and undisputed amounts must be paid by May 5.

2901.4 Invoices shall be submitted by mail or hand delivery to OSSE or the LEA responsible for payment. An invoice shall be date stamped the same date received by OSSE or the LEA and, upon contemporaneous request, receipts shall be provided for hand-delivered invoices.

2901.5 An invoice shall include the following information:

Student name, date of birth, and the unique student identification

number if one has been assigned;

The name of the District of Columbia agency responsible for placing the student at the nonpublic special education school or program:

(1) The responsible agency for day nonpublic special education schools and programs and related service providers is the LEA that placed the student at the school or program or with the provider for IDEA services; and

(2) For residential nonpublic special education schools and programs there may be more than one (1) responsible agency. Such agencies may include the Department of Youth Rehabilitation Services (DYRS), the Child and Family Services Agency (CFSA), and the Department of Mental Health (DMH);

(d) The tuition rate per diem consistent with this chapter;

(e) The number of tuition days billed for on the invoice;

(f) Specific itemization of related services provided, including the frequency of each service and the unit of service provided on a per hour or per diem basis as appropriate;

(g) The student’s Medicaid number (if the student is approved for Medicaid), if provided by the parent or the sending LEA; and

(h) An attendance report, including specific days of attendance and absence, the latter of which are identified as excused or unexcused. All absences will be presumed to be unexcused unless otherwise indicated.

2901.6 The following information shall be submitted for Federal reimbursement to the unit designated by OSSE or the LEA as appropriate:

Date of service delivery;

Type of services (such as speech, occupational therapy, physical therapy, counseling, and psychology);

Duration of services (such as forty (40) minutes or sixty (60) minutes);

Therapy modality (for example, group or individual);

Dated and signed notes of one to two sentences in length that document the degree of measurable progress toward student treatment goals and objectives;

The most recent available copy of the student’s IEP currently in effect, if not previously provided. If the IEP is revised, a copy of the most recently available revised portion must be submitted within thirty (30) days or upon submission of the first invoice in which the revised IEP services are billed, whichever occurs first; and

Dates of the student’s presence and absence in school.

2901.7 The annual and per diem tuition and related services rates shall be published on the OSSE website at http://www.osse.dc.gov on at least an annual basis. In the case of tuition and related services for which there are no published rates pursuant to 5 DCMR A § 2845.1, a nonpublic special education school or program or related service provider providing services shall obtain from OSSE or the appropriate LEA a written rate confirmation pursuant to chapter 28 of this subtitle prior to submission of an invoice. Should OSSE fail to respond within seven (7) business days of a provider’s request for a written rate confirmation, the provider may provide services and then invoice OSSE for payment.

2901.8 A provider shall not submit an invoice based upon a bundled or packaged rate methodology when invoicing the District of Columbia government, unless:

(a) Pursuant to chapter 28 of this subtitle, OSSE has accepted the per diem rate established by another state, or political subdivision within a state, based upon a rate setting methodology that OSSE deems reasonable; and

(b) The bundling of related services within the rate submitted to OSSE is permitted or required by that state or political subdivision.

2901.9 Invoices submitted more than six (6) months after the date the services were provided shall not be accepted unless specifically approved by, and at the discretion of, OSSE or the responsible LEA.

2901.10 A nonpublic special education provider determined to have charged a duplicative fee or a fee in excess of a rate approved chapter 28 of this subtitle of the DCMR shall be held responsible for reimbursement of such funds to OSSE or the LEA paying the invoice.

2901.11 Consistent with chapter 28 of this subtitle, an independent related services provider may not invoice OSSE directly unless services are specifically mandated by an IEP, settlement agreement, HOD, or court order.

2901.12 A third party service provider that subcontracts with a nonpublic special education school or program or related services provider shall do business with the LEA regarding costs of services and may not bill OSSE directly, unless specified by an IEP, settlement agreement, HOD, or court order.

2901.13 A provider may not invoice OSSE for services associated with any form of homebound instruction without proof of prior written approval from the responsible LEA and OSSE. OSSE shall determine the applicable rates for such services on case-by-case basis for each individual student.

2901.14 A provider may invoice solely for special education and/or related services, specified in a student's IEP, HOD, or court order or a service approved in writing by OSSE or the LEA paying for a service.

2901.15 The first billing day for a student shall be the first full day of attendance at the nonpublic special education school or program or the first day related services are provided by a related services provider.

2901.16 A nonpublic school or program shall provide a copy of any invoice submitted to OSSE to an LEA upon request.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7496 (June 22, 2012).

5-A DCMR § 2902 PAYMENT OF INVOICES

2902.1 Payments of undisputed amounts shall be made on the 5th or 15th day in the month following the corresponding invoice processing date of the prior month. When the 5th or 15th is not a business day, the due date shall be the first business day thereafter. Payments shall be made by automated clearing house (ACH) electronic transfer and, to the extent practicable, shall include identifying payment information.

2902.2 Alternative arrangements for receipt of payment may be established by mutual written agreement of the parties. If a provider’s request for an alternative payment arrangement is denied, that provider may petition OSSE or an LEA for an exception. In seeking such an exception, the provider shall submit the reasons for such a request, including evidence that the absence of an alternative arrangement will pose a substantial risk of harm to the provision of services to its students.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7499 (June 22, 2012).

5-A DCMR § 2903 REFUNDS FOR OVERPAYMENT OR PREPAYMENT OF SERVICES

2903.1 A provider shall issue a prorated refund, or credit upon mutual written agreement with OSSE or the responsible LEA, for any overpayments or prepayments related to a student’s placement.

2903.2 If OSSE or an LEA seeks a refund for an overpayment, it must notify the provider that it has thirty (30) days to dispute the charge or pay the undisputed amount. After expiration of thirty (30) days, OSSE or the responsible LEA has seventy-five (75) days within which to request a hearing before the Office of Administrative Hearings (OAH) to obtain a refund.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7499 (June 22, 2012).

5-A DCMR § 2904 DISPUTE NOTIFICATION AND FINAL DISPUTE DECISION

2904.1 OSSE or an LEA shall dispute an invoice for services, or the adequacy of the information provided, by transmitting a dispute notification electronically, by facsimile, by hand delivery or by mail, not later than the 5th or 15th day of the month after the corresponding invoice processing date as defined in § 2999.

For example and as noted above, if an invoice is received on March 3, it will be processed as if received on March 5, and the undisputed amount must be paid in full by April 5; if OSSE or the LEA disputes all or a portion of that invoice the dispute notice must be filed by April 5. If an invoice is received on March 6, it will be processed as if received on March 15. The undisputed amount of the invoice shall be paid in full by April 15. If OSSE or the LEA dispute all or a portion of that invoice, the dispute notification to the provider is due by April 15. Finally, an invoice received on March 16 shall be processed as if received on April 5, and the undisputed amount of that invoice is due to be paid to the provider by May 5.

2904.2 Receipt of a dispute notification is deemed to be effective the date the notification is delivered to the provider or three (3) days after the postmark in the event a dispute notification is mailed. The dispute notification constitutes the final dispute decision by OSSE or the LEA.

2904.3 The dispute notification shall include the following information:

A detailed description of the basis for the dispute, including documentation and policies relied upon;

The name(s) of the student(s);

Identification of the specific service(s) being disputed;

Date(s) of the service(s) being disputed;

The amount of the dispute;

The invoice identification number and payment due date of the 5th or 15th day of the month;

Documentation to support a dispute shall include as appropriate: a cost sheet, identification of IEP, HOD, court order, settlement agreement, policy and/or other administrative documentation, a copy or description of the relevant portions of such documents. The provider may request that complete copies of such documents be furnished, if necessary for full consideration of the issues in dispute; and

A dispute notification shall notify the provider of the procedures that the provider must follow in order to object to the dispute, including the provider’s right to seek a hearing before the OAH no later than seventy-five (75) calendar days after the invoice processing date. The notification shall also include contact information for requesting a hearing before the OAH.

2904.4 The parties may seek to resolve disputes informally at any time.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7499 (June 22, 2012).

5-A DCMR § 2905 HEARINGS

2905.1 A provider may file a written request for a hearing before the OAH no later than seventy-five (75) calendar days after the invoice processing date seeking payment and interest for an invoice that has either been disputed or has not been paid within the timeframes set forth in this chapter.

2905.2 In the event that a dispute notification is not issued timely, a provider may seek payment and appropriate relief, including such relief as provided in § 2906, from the OAH by filing a hearing request no later than one hundred twenty (120) calendar days after the invoice processing date as defined in § 2999.

2905.3 All documents filed in the OAH proceeding as pleadings or exhibits shall protect student and family confidential information consistent with applicable federal and District of Columbia laws and regulations.

2905.4 Prior to a hearing being scheduled, all parties shall attend mediation at OAH, unless an administrative law judge determines that mediation is unnecessary or futile, notwithstanding any rules to the contrary.

2905.5 OAH shall make reasonable efforts to hold mediations and/or hearings within forty-five (45) calendar days of receiving the request for a hearing, unless the law requires otherwise, or parties to a case stipulate otherwise.

2905.6 OAH shall schedule requests for hearings for mediation to be conducted by an Administrative Law Judge in an effort to assist the parties in resolving such matters without a hearing. OAH shall provide written notice to all parties, which states the time, place and issues to be mediated pursuant to D.C. Official Code § 2-509(a) (2011 Repl.).

2905.7 In the event the parties are unable to reach a settlement of their disputes during mediation, OAH shall schedule a hearing.

2905.8 The procedural rules of the OAH shall apply to all dispute hearings and proceedings. See 5 DCMR A §§ 2800, et seq.

2905.9 Consistent with District of Columbia laws and regulations, a final decision of OAH may be appealed to the District of Columbia Court of Appeals.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7501 (June 22, 2012).

5-A DCMR § 2906 REQUESTS FOR RELIEF

2906.1 OAH may award interest to the provider calculated from the date the payment was due, and in an amount consistent with the interest rate established by the District of Columbia Government Quick Payment Act of 1984, effective March 15, 1985 (D.C. Law 5-164; D.C. Official Code §2-221.01 et seq.) (2001 Ed.)

2906.2 A provider may seek an interim payment of part of or the entire disputed amount if the OAH finds that a failure to pay such amount will imminently jeopardize the provision of services. Such a determination shall be made pursuant to the evidentiary standard of Rule 65 of the District of Columbia Superior Court Rules of Civil Procedure. The OAH may order that any monies found not owing be promptly repaid to the District of Columbia, with interest in an amount consistent with the interest rate established by the District of Columbia Government Quick Payment Act of 1984, effective March 15, 1985 (D.C. Law 5-164; D.C. Official Code §2-221.01 et seq.) (2001 Ed.)

2906.3 The OAH shall make a determination of any amounts owed, either disputed or undisputed, and order a timeframe for payment. The OAH may order payment of any undisputed portions of an invoice during the pendency of a dispute.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7502 (June 22, 2012).

5-A DCMR § 2907 CONTRACTS

2907.1 OSSE, or an LEA responsible for special education and related services payments, may enter into a contract with a nonpublic special education school or provider or related services provider that contain invoice processing terms other than those set forth in these rules.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7502 (June 22, 2012).

5-A DCMR § 2908 MONTHLY REPORTS

2908.1 OSSE and a responsible LEA shall take reasonable steps to produce monthly invoice payment and invoice dispute reports.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7502 (June 22, 2012).

5-A DCMR § 2909 TIMEFRAMES

2909.1 All time periods referenced by these rules shall be computed pursuant to Rule 6 of the District of Columbia Superior Court Rules of Civil Procedure.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7502 (June 22, 2012).

5-A DCMR § 2999 DEFINITIONS

2999.1 All definitions in this section shall be in conformance with the Individuals with Disabilities Education Act, approved November 29, 1975 (P.L. 94-142; 90 Stat. 773; as amended, 20 U.S.C. §§ 1400, et seq., and regulations including 34 C.F.R. part 300, et seq.

HOD - a decision issued by a hearing officer in a due process hearing under the Individuals with Disabilities Education Act.

Invoice processing date - the date on which an invoice is deemed to be submitted for payment based upon receipt of the invoice by the 5th or the 15th day of the month following the month during which services were provided. If the 5th or 15th is not a business day, the first business day following the 5th or 15th shall be deemed the date for invoice submission and processing. Invoices received after the 5th will be processed with invoices received before the 15th of the month and invoices received after the 15th will be processed on the 5th of the following month.

Local education agency (LEA) - a public authority as defined in 34 C.F.R. § 300.28, including District of Columbia Public Schools and a District of Columbia public charter school acting as an LEA for purposes of a students’ special education services, opting to participate in this payment process.

OSSE - the District of Columbia Office of the State Superintendent of Education.

Provider - a nonpublic special education school, program, related services provider or parent who is authorized by OSSE or an LEA or by an IEP, HOD, settlement agreement or court order to receive payments or reimbursements in connection with services specified in a student’s IEP.

History

SOURCE: Final Rulemaking published at 59 DCR 7495, 7502 (June 22, 2012).

5-A30 SPECIAL EDUCATION

5-A DCMR § 3000 GENERAL PROVISIONS

3000.1 This chapter establishes state-level requirements implementing and supplementing Part B of the Individuals with Disabilities Education Act (IDEA), (20 U.S.C. §§ 1400 et seq.), its implementing regulations (34 C.F.R. Part 300), and District of Columbia law governing special education.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3000

5-A DCMR § 3001 PROVISION OF FREE APPROPRIATE PUBLIC EDUCATION

3001.1 The local education agency (LEA) shall make a free appropriate public education (FAPE) available to each child with a disability, ages three (3) to twenty-two (22), who resides in, or is a ward of, the District of Columbia including children who are suspended or expelled and highly mobile children, such as migrant or homeless children, even if they are advancing from grade to grade.

3001.2 For the District of Columbia Public Schools (DCPS), the responsibility to make FAPE available extends to all children with disabilities between the ages of three (3) and twenty-two (22) years old, who are residents of the District of Columbia but are not enrolled in a public charter school LEA as described in Section 3001.3, and children with disabilities attending private and religious schools in the District of Columbia, pursuant to the requirements of IDEA and Section 3040 of this chapter.

3001.3 Unless otherwise provided in Sections 3001.11 through 3001.13, a public charter school LEA’s obligation to determine eligibility for special education services and develop an individualized education program (IEP), as applicable, or to provide special education services in accordance with an existing IEP is triggered upon completion of the registration of the student in the Student Information System (SIS) by the school upon receipt of required enrollment forms and letter of enrollment agreement, in accordance with paragraph (d) in the definition of enrollment in this chapter.

3001.4 A child with a disability shall remain eligible for special education and related services through the end of the school year in which the child turns twenty-two (22) years old unless:

The IEP team determines the child is no longer a child with a disability in accordance with this chapter; or

(b) The child receives a regular high school diploma pursuant to Section 3001.15.

3001.5 If a child with a disability turns twenty-two (22) after the end of a school year but prior to the first day of the following school year, the child shall be ineligible for further special education and related services under this chapter.

3001.6 Notwithstanding other legal obligations to provide FAPE, the District of Columbia Department of Youth Rehabilitation Services (DYRS) shall make FAPE available for youth committed to DYRS and housed at the New Beginnings Youth Development Center and the Youth Services Center.

3001.7 The LEA’s responsibility to make FAPE available extends to any child with a disability who is in the custody of the District of Columbia Child and Family Services Agency (CFSA), who is committed to DYRS, who is suspended or expelled by the LEA, and highly mobile children enrolled in the LEA such as migrant or homeless children.

3001.8 The LEA shall not deny enrollment or otherwise discriminate in its admissions policies or practices on the basis of a child’s disability or status as a child with a disability, or the child’s need or potential need for special education services, supplementary aids or services, or any other accommodation.

3001.9 With prior approval by the District of Columbia Public Charter School Board (PCSB), in accordance with D.C. Official Code § 38-1802.06(c-1), an LEA may give a preference in admission to an applicant who is a child with a disability with an IEP or an applicant who is eligible for special education and related services under a particular disability category.

3001.10 The LEA shall not require any child to have a medical diagnosis or medical documentation, or obtain or utilize prescription medication as a condition of access to FAPE, or receipt of an evaluation or reevaluation.

3001.11 For children transitioning from early intervention services under IDEA Part C to special education and related services under IDEA Part B, the LEA shall ensure a smooth and effective transition pursuant to 34 C.F.R. § 300.124, including ensuring that:

(a) The LEA participates in transition planning conferences, as appropriate;

(b) The LEA has developed an IEP by the child’s third birthday, including:

(1) For public charter school LEAs, the LEA has developed an IEP by the third birthday of any child who is currently enrolled in the public charter school LEA or has completed the registration process for the upcoming school year; or

(2) For DCPS, the LEA has developed an IEP by the third birthday of any child who resides in the District of Columbia who is not enrolled in a public charter school LEA; and

(c) The LEA is implementing the IEP by the child’s third birthday or, if the third birthday occurs on a non-school day or during the summer, within a timeframe established by the state education agency (SEA), including ensuring the provision of all special education and related services in the child’s IEP.

3001.12 Except as provided in Section 3001.11, if a child transfers between LEAs between school years, the new LEA’s obligation to make FAPE available begins on the new LEA’s first day of the school year.

3001.13 If a child is registered in the Student Information System (SIS) for more than one (1) LEA, the most recent date of documented parental consent for enrollment shall determine the LEA that is responsible for making FAPE available to the child.

3001.14 If a public charter school LEA closes or ceases to operate, in full or in part, for any reason, including without limitation voluntary relinquishment or revocation of its charter by the chartering authority, the public charter school LEA shall adhere to charter closure procedures established by the SEA and the chartering authority, as follows:

(a) Within fourteen (14) days of the official action taken by the chartering authority to revoke, not renew, or acknowledge the relinquishment of a charter, the LEA shall make and document reasonable efforts to notify:

(1) The parents of all enrolled children with disabilities, including children with disabilities placed at a nonpublic special education school or program, of the parent’s responsibility to enroll the child with a disability in another LEA; and

(2) Each nonpublic school where the LEA has placed students to inform the school of the timing and full implications of the closure and the nonpublic school’s responsibility to assist the LEA in communications with parents regarding the LEA closure and the parent’s responsibility to enroll the child with a disability in another LEA;

(b) The LEA shall ensure all student records are updated in the District of Columbia special education data system, including reviewing and revising any IEP that has expired or will expire within thirty (30) days of the closure of the public charter school;

(c) The LEA shall provide to the parent a copy of the child’s IEP and other documentation relevant to the provision of special education or related services prior to the last day of the regular school year or within five (5) business days of a request by the parent, if earlier; and

(d) The LEA shall address or resolve all outstanding child-level findings of noncompliance made by the SEA, a court of competent jurisdiction, or an impartial hearing officer pursuant to IDEA.

3001.15 The LEA shall not be obligated to make FAPE available to a child with disability who has graduated from high school with a regular high school diploma. This provision does not apply to children with disabilities who were awarded an IEP Certificate of Completion (or equivalent) or were awarded a credential other than a high school diploma.

3001.16 The LEA shall not be obligated to make FAPE available to a child with a disability aged eighteen (18) to twenty-two (22) who, in the last educational placement prior to incarceration in an adult correctional facility:

(a) Was not actually identified as being a child with a disability in accordance with this chapter; and

(b) Did not have an IEP in accordance with this chapter.

3001.17 The LEA shall be obligated to make FAPE available to a child with a disability described in Section 3001.16 if the child:

(a) Had been identified as a child with a disability and had received services in accordance with an IEP, but left school prior to his or her incarceration; or

(b) Did not have an IEP in his or her last educational setting, but had actually been identified as a child with a disability in accordance with this chapter.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3001

5-A DCMR § 3002 CONTINUUM OF ALTERNATIVE PLACEMENTS

3002.1 The LEA shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.

3002.2 The LEA shall provide the full continuum of alternative placements to accommodate the needs of a child with a disability, regardless of a lack of existing placement options that exist at the time of enrollment or because educating the child with a disability would result in additional costs, administrative inconvenience, or changes to school programming, staff, or schedule.

3002.3 The LEA’s continuum of alternative placements shall include instruction in all of the following environments:

(a) Regular education classroom;

(b) Special education classroom;

(d) Special education residential program, through the process described in Section 3025;

(e) Home instruction; and

(f) Hospital instruction.

3002.4 The LEA shall make provision for supplementary aids and services to be provided in conjunction with regular class placement.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3002

5-A DCMR § 3003 CHILD FIND

3003.1 Each LEA and public agency shall publish and implement child find policies and procedures to ensure that:

(a) All children with disabilities between the ages of three (3) and twenty-two (22) years old enrolled in the LEA, including children with disabilities who are homeless, children who are in the custody of the District of Columbia CFSA or committed to DYRS, children who are suspected of being a child with a disability even though they are making progress grade to grade, and highly mobile children, who are in need of special education and related services, are identified, located, and evaluated; and

(b) A practical method is developed and implemented to determine which children are currently receiving needed special education and related services.

3003.2 DCPS shall also implement child find policies and procedures to ensure that:

All children with disabilities between three (3) and twenty-two (22) years who are residents of the District of Columbia but are not enrolled in a public charter school LEA, and who are in need of special education and related services, are identified, located, and evaluated;

(b) A practical method is developed and implemented to determine which children are currently receiving needed special education and related services;

(1) Maintains, and updates at least annually, a list of primary referral sources, including physicians, hospitals, and other health providers; day care centers, child care centers, and early childhood programs; District departments and agencies; community and civic organizations; and advocacy organizations; and

(A) Contacts primary referral sources at least once a month until a referral relationship is established and then every three (3) months thereafter;

(B) Develops a system to track the frequency and type (in person, email, phone, etc.) of contacts with the primary referral sources described in paragraph(c)(1) of this subsection to ensure that outreach occurs on a regular basis; and

(C) Develops, publishes, and distributes printed materials for primary referral sources to inform them of the preschool special education and related services available from DCPS, the benefits and cost-free nature of these services, and how to make a referral;

(2) Develops and publishes printed materials for parents and guardians to provide information regarding preschool special education and related services available from DCPS, the benefits and cost-free nature of these services, and how to obtain the services. These materials shall be:

(A) Written at an appropriate reading level and translated into multiple languages as required by local law; and

(B) Distributed to all primary referral sources described in paragraph (c)(1) of this subsection, all DCPS and public charter schools, District of Columbia Public Libraries, Economic Security Administration (ESA) Service Centers, District of Columbia Parks and Recreation facilities, and other locations designed to reach as many parents or guardians of preschool children who may be eligible for special education and related services as possible; and

(3) Ensures that appropriate DCPS outreach staff (e.g., the Child Find Field Coordinators) contact primary referral sources or a staff member in the primary referral source’s office who are instrumental in making referrals at least once a month until a referral relationship is established and then every three (3) months thereafter. The initial meeting shall be face-to-face whenever possible when pursuing referrals from new referral sources and then less frequently thereafter, using the method of contact preferred by the referral sources (e.g., e-mail, texting, or telephone calls).

3003.3 DCPS shall conduct public awareness activities sufficient to inform parents and the community regarding the availability of special education and related services and the methods available to request those services and programs. District public charter school LEAs shall conduct similar awareness activities to inform parents and community members that interact with the public charter school LEA of the availability of special education and related services and the methods available to request those services and programs.

3003.4 DCPS is responsible for conducting child find activities for resident children who are homeschooled as well as resident and nonresident parentally-placed private school children over three (3) years of age attending religious and other private elementary and secondary schools located in the District and may not require enrollment in DCPS prior to evaluation or development of an IEP.

3003.5 To determine if a child is suspected of being a child with a disability, the LEA may:

(a) Conduct screenings;

(b) Consider existing child data and information; and

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3003

5-A DCMR § 3004 REQUEST FOR INITIAL EVALUATION

3004.1 The LEA shall treat a referral from the following individuals as a request for initial evaluation in accordance with 34 C.F.R. § 300.301(b):

(a) The child’s parent;

(b) The child, provided that educational rights have transferred to the child;

An employee of the LEA the child is enrolled in, who has knowledge of the child; and

An employee of a public agency, as defined by 34 C.F.R. § 300.33, who has knowledge of the child.

3004.2 For children under the age of six (6), the LEA shall also treat a referral from the following sources, as a request for initial evaluation in accordance with 34 C.F.R. § 300.301(b):

(a) Pediatrician or other medical professional including physicians, hospitals, and other health providers;

(b) Child development facilities, including day care centers, child care centers, and early childhood programs;

(d) Community and civic organizations; and

(e) Advocacy organizations.

3004.3 The LEA shall not delay or deny a timely initial evaluation to conduct screenings, implement pre-referral interventions including but not limited to response to intervention strategies, or because of a child’s limited English proficiency.

3004.4 The LEA shall notify the parent of receipt of any referral received under Section 3004.2. This notification shall include information regarding:

(a) The initial evaluation process;

(b) Parental consent requirements; and

3004.5 A referral for an initial evaluation may be oral or written.

3004.6 Upon receiving an oral referral for an initial evaluation, the LEA shall:

(a) Assist any outside referral source, including but not limited to the parent and other public agencies, to document an oral referral in writing; and

(b) Document the date of any oral referral within three (3) business days of receipt.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3004

5-A DCMR § 3005 INITIAL EVALUATION PROCESS

3005.1 The LEA shall ensure that a full and individual evaluation is conducted for each child suspected of being a child with a disability in need of special education before the initial provision of special education and related services to determine:

(a) If the child is a child with a disability under this chapter; and

(b) The educational needs of the child.

3005.2 The LEA proposing or refusing to conduct an initial evaluation to determine if a child is a child with a disability shall provide the parent with prior written notice in accordance with Section 3032 and a copy of the procedural safeguards notice in accordance with Section 3033. The prior written notice shall also contain:

(a) Information about the purpose of the evaluation process;

(b) The types of child-level data being assessed; and

3005.3 After providing prior written notice, the LEA shall obtain consent from the parent of the child before proceeding with the initial evaluation.

3005.4 An LEA shall:

Make and document reasonable efforts, as defined in this chapter, to obtain parental consent within thirty (30) days from the date on which the child is referred for an initial evaluation, and begin such efforts no later than ten (10) business days from the referral date; and

(b) Evaluate and make an eligibility determination for a student who may have a disability and who may require special education services within sixty (60) days from the date that the student’s parent or guardian provides consent for the evaluation;

3005.5 The initial evaluation timeline in Subsection 3005.4 does not apply to the LEA if:

(a) The LEA has made and documented reasonable efforts under this section and the parent of a child repeatedly fails or refuses to produce the child for the evaluation; or

(b) The child enrolls in a new LEA after the initial evaluation process timeline has begun, but before an eligibility determination has been made by the child’s previous LEA, provided that the new LEA is making sufficient progress to ensure prompt completion of the evaluation, and the parent and new LEA agree to a specific time when the evaluation will be completed, not to exceed an additional thirty (30) days.

3005.6 In the case of an initial evaluation, if the child is in the custody of the District of Columbia CFSA and is not residing with the child’s parent, the LEA is not required to obtain informed consent from the parent for an initial evaluation to determine whether the child is a child with a disability if any of the following apply:

(a) Despite documented reasonable efforts to do so, the LEA cannot determine the whereabouts of the parent of the child;

(b) The rights of the parent of the child have been terminated in accordance with District of Columbia law; or

(c) The rights of the parent to make educational decisions have been limited or terminated by a judge in accordance with District of Columbia law, and consent for an initial evaluation has been given by an individual appointed by the judge to represent the child.

3005.7 If the parent does not provide consent for the initial evaluation or fails to respond to a request to provide consent, the LEA may, but is not required to, pursue the initial evaluation of the child through mediation or due process procedures consistent with this chapter.

3005.8 Parental consent for the initial evaluation shall not be construed as consent for the initial provision of special education and related services, in accordance with Section 3016.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3005

5-A DCMR § 3006 EVALUATION PROCEDURES

3006.1 To conduct an evaluation, the LEA shall:

(a) Draw upon information from a variety of sources, including aptitude and achievement tests, parent input, teacher recommendations, physical condition, social or cultural background, and adaptive behavior; and

(b) Document information used as a basis of the decision.

3006.2 As part of an initial evaluation, if appropriate, and as part of any reevaluation, the IEP team and other qualified professionals, as appropriate, shall:

(a) Review existing evaluation data on the child, including:

(1) Evaluations and information provided by the parents of the child;

(2) Current classroom-based assessments and observations; and

(3) Observations by teachers and related service providers;

(b) Review, for children under the age of six (6):

(1) Relevant information provided by any agency, medical professional, service provider, child care provider, early childhood program, or relative who may have relevant information regarding the child; and

(2) IDEA Part C assessments and other related data; and

(c) On the basis of that review, and input from the child’s parent, identify what additional data, if any, are needed to determine:

(1) Whether the child has a particular category of disability under this chapter or, in the case of a reevaluation of a child, whether the child continues to have such a disability;

(2) The present levels of performance and educational needs of the child;

(3) Whether the child needs special education and related services, or in the case of a reevaluation of a child, whether the child continues to need special education and related services; and

(4) Whether any additions or modifications to the special education and related services are needed to enable the child to meet the measurable annual goals set out in the IEP of the child and to participate, as appropriate, in the general education curriculum.

3006.3 Parental consent is not required for the IEP team to review existing data as part of a reevaluation.

3006.4 Qualified evaluators, under the direction of the LEA, shall administer assessment procedures as may be needed to produce the data required to make the determinations described in Section 3006.2.

3006.5 If the determination under Section 3006.2 is that no additional data are needed to determine whether the child is a child with a disability or continues to be a child with a disability, the IEP team shall notify the child’s parents of that determination and the reasons for it, and of the right of the parents to request an assessment to determine whether, for purposes of services under this chapter, the child is or continues to be a child with a disability. The IEP team is not required to conduct assessments under Section 3006.2 unless the IEP team determines that an assessment is necessary or is requested to do so by the child's parents.

3006.6 The LEA shall ensure that assessment materials and procedures used to evaluate a child's need for special education and related services are:

(a) Selected and administered in a manner that is not racially or culturally discriminatory;

(b) Used for the purposes for which the assessments or measures are valid and reliable;

(c) Administered by trained and knowledgeable personnel in accordance with any instructions provided by the developer of the assessments; and

(d) Provided and administered in the child's native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally, and functionally, unless it is clearly not feasible to do so.

3006.7 The LEA shall ensure that:

(a) A variety of assessment tools and strategies are used to gather relevant functional, developmental, and academic information about the child, including information provided by the parent that may assist in determining:

(1) Whether the child is a child with a disability under this chapter; and

(2) The content of the child's IEP, including information related to enabling the child to be involved and progress in the general education curriculum;

(b) Tests and other evaluation materials include those tailored to assess specific areas of educational need and not merely those that are designed to provide a single general intelligence quotient;

Tests are selected and administered to ensure that, if the child has impaired sensory, manual or speaking skills, the test results accurately reflect the child's aptitude or achievement level or whatever other factors the test purports to measure, rather than reflect impaired sensory, manual or speaking skills (unless those skills are the factors that the test purports to measure);

Each assessment report includes the following:

(1) The date of assessment and the date of the report;

(2) A description of the child's performance in each area assessed, including specific strengths and weaknesses;

(3) Information relevant to determinations under Section 3006.2;

(4) Instructional implications for the child's participation in the general curriculum;

(5) If an assessment is not conducted under standard conditions, a description of the extent to which it varied from standard conditions (e.g., the qualifications of the person administering the test, or the method of test administration); and

(6) The signature and title of the qualified examiner(s) who administered the assessment procedure and who wrote the report;

(e) No single assessment or source of data or information is used as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child;

(f) The child is assessed in all areas related to the suspected disability, including, if appropriate:

(1) Academic performance;

(2) Health;

(3) Vision;

(4) Hearing;

(5) Social and emotional needs;

(6) General intelligence (including cognitive ability and adaptive behavior);

(7) Communication needs; and

(8) Motor abilities;

(g) In evaluating each child with a disability, the evaluation is sufficiently comprehensive to identify all of the child's special education and service needs, whether or not commonly linked to the disability category in which the child has been classified;

(h) The IEP team uses technically sound instruments that may assess the relative contribution of cognitive and behavioral factors, in addition to physical or developmental factors; and

(i) The IEP team uses assessment tools and strategies that provide information that directly assists persons in determining the educational needs of the child.

3006.8 If the group of persons described in Section 3006.2 determines that medical services or a medical evaluation provided by a licensed physician are necessary as part of the evaluation to determine if the child is or continues to be a child with a disability or to determine the educational needs of the child, the LEA shall arrange for such services, which shall be free of charge to the parents and not contingent upon health insurance coverage.

3006.9 The LEA shall ensure that materials and procedures used to assess a child with limited English proficiency are selected and administered to ensure that they measure the extent to which the child has a disability and needs special education, rather than measuring the child's English language skills.

3006.10 If the child is suspected of having a specific learning disability, evaluation procedures shall also include the following:

(a) The LEA shall ensure that the child is observed in the child's learning environment, including the regular classroom setting, to document the child's academic performance and behavior in the areas of difficulty;

(b) The group described in Section 3006.2, in determining whether a child has a specific learning disability, shall:

(1) Use information from an observation in routine classroom instruction in monitoring of the child's performance that was done before the child was referred for an evaluation; or

(2) Have at least one (1) member of the group conduct an observation of the child’s academic performance in the regular classroom after the child has been referred for an evaluation and parental consent is obtained; and

(c) In the case of a child less than school age or out of school, a group member shall observe the child in an environment appropriate for a child of that age.

3006.11 Upon completion of the evaluation, the group described in Section 3006.2 of this chapter shall:

(a) Develop a comprehensive written evaluation (or reevaluation) report that includes:

(1) Information provided by the parent(s);

(2) Results of assessment procedures considered and used as a basis for making an eligibility determination;

(3) Results of analysis of existing data if conducted, which shall include local, State and classroom based assessments, as well as classroom observations;

(4) A statement that attests to whether the assessment procedures were valid for the purposes intended and for the child, reliable, and administered by a trained professional while following its developer’s instructions;

(5) A statement as to whether the child is a child with a disability;

(6) A statement as to whether the child needs special education and related services;

(7) A statement as to whether the child has been evaluated in all areas of suspected disabilities; and

(8) The signatures of team members participating in the determinations.; and

(b) Provide a copy of the evaluation report, and any underlying assessments, at no cost to the parent, no later than five (5) business days before the eligibility meeting, unless the parent agrees to a meeting date within five (5) business days.

3006.12 If the child was suspected of having a specific learning disability, the evaluation report shall also contain:

(a) A statement of whether the child has a specific learning disability;

(b) The basis for making the determination, including an assurance that the determination was made in accordance with 34 C.F.R. § 300.306(c)(1);

(c) A statement of the relevant behaviors, if any, noted during the observation of the child and the relationship of the behaviors to the child’s academic functioning;

(d) A statement containing any educationally relevant medical findings, if any;

A statement of whether the child does not achieve adequately for the child's age or to meet State-approved grade-level standards; and

(1) Whether the child does not make sufficient progress to meet age or State-approved grade level standards; or

(2) Whether the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development consistent with 34 C.F.R. § 300.309(a)(2)(ii).

(f) The determination of the IEP team concerning the effects of the following on the child’s achievement level:

(1) Visual disability;

(2) Hearing disability;

(3) Motor disability;

(4) Intellectual disability;

(5) Emotional disability;

(6) Cultural factors;

(7) Environmental or economic disadvantage; or

(8) Limited English proficiency;

(g) A statement of whether the child has participated in a process that assesses the child's response to scientific, research-based intervention, and if so, includes:

(1) The instructional strategies used and the student-centered data collected; and

(2) The documentation that the LEA notified the child's parents regarding:

(i) The amount and nature of student performance data that would be collected and the general education services that would be provided;

(ii) Strategies for increasing the child's rate of learning; and

(iii) The parents' right to request an evaluation at any point during the intervention process; and

(h) A written certification of each IEP team member as to whether the written report reflects the member's conclusions. If the written report does not reflect a member's conclusion, the team member shall submit a separate statement presenting the team member's conclusion. This separate statement shall be included as part of the evaluation report.

3006.13 The screening of the child by a teacher, or school-based specialist to determine appropriate instructional strategies for curriculum implementation shall not be considered to be an evaluation for eligibility for special education and related services.

3006.14 Screenings that are administered to all children shall not be considered to be evaluations for eligibility for special education and related services, and therefore do not require prior parental consent unless consent is required from the parents of all children.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3006

5-A DCMR § 3007 REEVALUATION

3007.1 The LEA shall conduct a reevaluation of each child with a disability to determine continued eligibility for special education in accordance with the requirements of this chapter at least once every three (3) years, unless the parent and LEA agree that a reevaluation is unnecessary, or if:

(a) The LEA determines that the child’s educational or related service needs, including improved academic achievement and functional performance, warrant a reevaluation; or

(b) The child’s parent or teacher requests a reevaluation.

3007.2 A reevaluation may occur not more than once a year, unless the parent and the LEA agree otherwise in writing.

3007.3 A reevaluation shall be conducted in accordance with the evaluation procedures described in Section 3006.

3007.4 The LEA shall respond to a parent’s request for a reevaluation within ten (10) business days by:

(a) Beginning reasonable efforts to obtain parental consent to reevaluate and providing prior written notice pursuant to Section 3032 proposing to proceed with the requested reevaluation; or

(b) Providing prior written notice pursuant to Section 3032 refusing to proceed with the requested reevaluation.

3007.5 In the event that the LEA and parent agree to a reevaluation prior to the triennial evaluation pursuant to Section 3007.1, the LEA shall complete a reevaluation and make an eligibility determination, if appropriate, for a child within sixty (60) days from the date of parental consent for the reevaluation.

3007.6 The LEA shall make and document all reasonable efforts, as defined in this chapter, to obtain informed parental consent prior to conducting a reevaluation of a child with a disability.

3007.7 The LEA may proceed with a reevaluation without obtaining informed parental consent if the LEA demonstrates:

(a) It made reasonable efforts, as defined in this chapter, to obtain parental consent; and

(b) The child’s parent failed to respond.

3007.8 If the parent refuses to consent to the reevaluation, the LEA may, but is not required to, pursue the reevaluation through mediation or due process procedures consistent with this chapter.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3007

5-A DCMR § 3008 INDIVIDUALIZED EDUCATION PROGRAM TEAM

3008.1 The individualized education program (IEP) Team for each child with a disability shall include the following mandatory IEP Team participants:

(a) The child’s parent;

(b) At least one (1) general education teacher of the child, if the child is or may be participating in the general education environment;

(c) At least one (1) special education teacher, or if appropriate, at least one (1) special education provider of the child;

(d) A representative of the LEA who is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of children with disabilities, and knowledgeable about the general education curriculum and about the availability of resources of the LEA;

(e) An individual who can interpret the instructional implications of evaluation results, who:

(1) May be a member of the team described in (a) through (d) of this subsection; and

(2) When the purpose of the IEP meeting is to evaluate a child to determine his or her eligibility for special education and related services, the IEP Team shall include qualified individual(s) with appropriate credentials and expertise to conduct evaluations in the area(s) of the child’s suspected disability; and

(f) Whenever appropriate, the child.

3008.2 The IEP Team for each child with a disability shall include the following additional IEP Team participants, as appropriate:

(a) Related services personnel;

(b) A Part C representative if a child was previously served under Part C of IDEA, and if so, an invitation to the initial IEP Team meeting shall, with the consent of the parent, be sent to the Part C service coordinator or other representatives of the Part C system to assist with the smooth transition of services;

(c) A secondary transition representative if the IEP Team will discuss secondary transition. If appropriate and in compliance with this section, the LEA shall invite, with parental consent, a representative of any participating agency that is likely to be responsible for providing or paying for transition services;

(d) The child, under the following circumstances:

(1) If the child has reached fourteen (14) years of age, or younger if deemed appropriate by the child’s IEP Team;

(2) The LEA shall invite the child with a disability to attend the child’s IEP Team meeting if a purpose of the meeting is the consideration of the postsecondary goals for the child and the transition services needed to assist the child in reaching those goals; and

(3) If the child does not attend the IEP Team meeting involving the consideration of the postsecondary goals and transition services, the LEA shall take other steps to ensure that the child’s preferences and interests are considered; and

(e) Other individuals, as follows:

(1) At the discretion of the parent or the LEA, other individuals who have knowledge or special expertise regarding the child, including related services personnel, as appropriate; and

(2) The determination of the knowledge or special expertise of any individual described in this section shall be made by the party (parent or LEA) who invited the individual to be a member of the IEP Team.

3008.3 The IEP Team for a child suspected of having a specific learning disability shall include the following additional mandatory IEP Team participants:

(a) The child's regular teacher, or the following:

(1) If the child does not have a regular teacher, a teacher qualified to teach a child of his or her age; or

(2) For a child of less than school age, an individual qualified by the SEA to teach a child of his or her age; and

(b) At least one (1) person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist, or remedial reading teacher.

3008.4 A mandatory IEP Team member may be excused from attending an IEP Team meeting, in whole or in part, under the following circumstances:

(a) The member’s area of the curriculum or related services is not being modified or discussed in the meeting and the parent and the LEA agree, in writing, that the attendance of the member is not necessary; or

(b) The meeting involves a modification to or discussion of the member’s area of the curriculum or related services, and all of the following occur:

(1) The parent and the LEA consent to the excusal in writing;

(2) The member submits, in writing to the parent and the IEP Team, input into the development of the IEP prior to the meeting; and

(3) The written input includes educational and behavioral strengths and needs of the child as related to the IEP Team member’s area of curriculum or related services.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3008

5-A DCMR § 3009 PARENT PARTICIPATION IN IEP TEAM MEETINGS

3009.1 The LEA shall ensure that the parent of a child with a disability is present at each IEP Team meeting or afforded the opportunity to participate by making and documenting all reasonable efforts, as defined in this chapter, to:

(a) Notify the parent in writing of the meeting no later than five (5) business days prior to the meeting to ensure that the parent will have an opportunity to attend; and

(b) Schedule the meeting at a mutually agreed on time and place.

3009.2 The LEA shall demonstrate reasonable efforts, as defined in this chapter, to contact the parent for the purposes of inviting the parent to participate in the IEP Team meeting no later than five (5) business days before the meeting, unless the parent agrees to a meeting date within five (5) business days of the initial contact.

3009.3 The notice to the parent required in Section 3009.1 shall include:

The purpose, time, date, and location of the meeting;

Information advising the parent how to request participation via alternate methods described in Section 3009.5, including video conferences, conference telephone calls, and online telecommunication applications to which the parent has access;

(d) Information advising that the parent may invite other individuals to participate in the IEP Team meeting who have knowledge or special expertise regarding the child, including related services personnel as appropriate or representatives from the IDEA Part C system for initial IEP meetings; and

(e) Beginning with the first IEP to be in effect when the child turns fourteen (14) years old, indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the child, and that the LEA will:

(1) Invite the child;

(2) Identify any other agency that will be invited to send a representative including any participating agency the LEA proposes to invite because the agency is likely to be responsible for providing or paying for transition services; and

(3) Include consent forms to be signed by the parent for the purpose of allowing the LEA to invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services or a representative of any other specified agency.

3009.4 The LEA shall provide, at no cost to the parent, an accessible copy of any evaluation, assessment, report, data chart, or other document that will be discussed at the meeting. Such accessible copies shall be provided no fewer than five (5) business days before a scheduled IEP Team meeting, if the purpose of which is to discuss the child’s IEP or eligibility for special education and related services. However, if a meeting is scheduled fewer than five (5) business days before it is to occur, such accessible copies shall be provided no fewer than twenty-four (24) hours before the meeting.

3009.5 If the parent cannot physically attend the IEP Team meeting, the LEA shall use other methods of inclusion to ensure parent participation, including video conferences, conference telephone calls, and online telecommunication applications to which the parent has access.

3009.6 The IEP Team meeting may be conducted without the parent in attendance or participating by other means if the LEA:

(a) Is unable to convince the parent to attend or participate;

(b) The LEA has a record of its reasonable efforts, as defined in this chapter, to arrange a mutually agreed on time and place consistent with Section 3009.1; and

3009.7 The LEA shall take whatever action is necessary to ensure that the parent understands the proceedings and materials provided at the IEP Team meeting, including the following, as appropriate:

(a) Arranging for an interpreter for a parent with deafness or whose native language is other than English;

(b) Providing written material in the parent’s native language or other mode of communication used by the parent, unless it is clearly not feasible to do so; and

(c) Providing a hard copy of the procedural safeguards, meeting the requirements of Section 3033, upon request by the parent.

3009.8 The LEA shall provide the parent with a copy of the child’s new or amended completed IEP at no cost no later than five (5) business days after the IEP Team meeting, as follows:

(a) If the IEP has not been completed by the fifth business day after the meeting or additional time is required to comply with the D.C. Language Access Act of 2004 (D.C. Law 15-167; D.C. Official Code § 2-1931), the LEA shall provide the parent with the latest available draft IEP; and

(b) Under the circumstances outlined in Section 3009.8(a), the LEA shall provide a completed copy of the IEP to the parent no later than fifteen (15) business days after the IEP Team meeting to develop the new or amended IEP.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3009

5-A DCMR § 3010 ELIGIBILITY DETERMINATION

3010.1 As part of the initial evaluation procedures described in Sections 3005 and3006, the IEP Team shall complete its eligibility determination including determining:

(a) Whether the child is a child with a disability under this chapter; and

(b) The educational needs of the child.

3010.2 The IEP Team may not determine that the child is a child with a disability if the determinant factor for that eligibility determination is:

(a) Lack of appropriate instruction in reading, including the essential components of reading instruction;

(b) Lack of appropriate instruction in math; or

3010.3 Except as provided in Section 3010.5, if a child has a disability that does not adversely affect the child’s educational performance, and requires a related service but not special education, the child is not considered a child with a disability under this chapter.

3010.4 Notwithstanding an eligibility determination on the basis of multiple disabilities as defined by Section 3011.8, the IEP team may determine that a child meets the eligibility criteria for more than one (1) eligibility category as defined in Section 3011 and designate one (1) primary disability and one (1) or more secondary disabilities.

3010.5 Speech-language pathology services may be considered special education, and may be designated as special education on a child’s IEP.

3010.6 The IEP Team shall develop an IEP only for an eligible child with disabilities who requires special education services.

3010.7 A determination by the IEP team that a child is a child with a disability but that the child does not require special education services under this chapter does not preclude a child’s eligibility for services or protections under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and implementing regulations at 34 C.F.R. Part 104.

3010.8 The LEA shall provide a copy of the documentation of the determination of eligibility at no cost to the parent no later than five (5) business days after the meeting at which the determination of eligibility was made.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3010

5-A DCMR § 3011 DISABILITY CATEGORIES

3011.1 In determining eligibility on the basis of autism, the following shall apply:

(a) Autism shall mean a developmental disability significantly affecting verbal and nonverbal communication and social interaction, generally evident before age three (3) that adversely affects a child's educational performance. Other characteristics often associated with autism are engagement in repetitive activities and stereotyped movements, resistance to environmental change or change in daily routines, and unusual responses to sensory experiences. Autism does not apply if a child’s educational performance is adversely affected primarily because the child has an emotional disability, as defined in Section 3011.5;

(b) The IEP Team shall consider assessments and child data related to:

(1) Whether the child displays difficulties or differences or both in interacting with people and events, including an inability to establish and maintain reciprocal relationships with people or demonstration of rigidity of routines;

(2) Whether the child displays problems which extend beyond speech or language to other aspects of social communication, both receptively and expressively. The child’s verbal language may be absent or lacking the usual communicative form which may involve deviance or delay, or both;

(3) Whether the child exhibits delays, arrests, abnormalities, or regressions in motor, sensory, social, or learning skills or the development of such skills;

(4) Whether the child exhibits abnormalities in thought or processing skills;

(5) Whether the child exhibits unusual, inconsistent, repetitive, or unconventional responses to sounds, sights, smells, tastes, touch, or movement; and

(6) Whether the child displays marked distress over changes, insistence on following routines, and a persistent preoccupation with or attachment to objects;

(c) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for autism, including medical documentation or a medical diagnosis, if available; and

(d) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance is adversely affected by the suspected disability and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.2 In determining eligibility on the basis of deaf-blindness, the following shall apply:

(a) Deaf-blindness shall mean concomitant hearing and visual impairments, the combination of which causes severe communication and other developmental and educational needs that cannot be accommodated in special education programs solely for children with deafness or children with blindness;

(b) The IEP Team shall consider assessments and child data related to:

(1) Whether the child displays a hearing impairment consistent with Section 3011.6 or deafness consistent with Section 3011.3;

(2) Whether the child displays a visual impairment consistent with Section 3011.14; and

(3) Whether the child displays severe communication and other developmental and educational needs that cannot be accommodated in programming solely addressing deafness or blindness;

(c) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for deaf-blindness, including medical documentation or a medical diagnosis of hearing impairment, deafness, visual impairment, or blindness, if available; and

(d) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by deaf-blindness and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.3 In determining eligibility on the basis of deafness, the following shall apply:

(a) Deafness shall mean a hearing impairment that is so severe that the child is impaired in processing linguistic information through hearing, with or without amplification and that adversely affects a child’s educational performance;

(b) The IEP Team shall consider assessments and child data related to whether the child displays an impairment in processing linguistic information through hearing, with or without amplification;

(c) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for deafness, including medical documentation or a medical diagnosis, if available; and

(d) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by deafness and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.4 In determining eligibility on the basis of developmental delay, the following shall apply:

Developmental delay shall mean a condition in which a child, age three (3) through seven (7), experiences severe developmental delays in one (1) or more of the following areas:

(1) Physical development;

(2) Language and communication development;

(3) Social or emotional development;

(4) Cognitive development; or

(5) Functional or adaptive development;

(b) The IEP Team shall consider assessments and child data related to whether the child experiences severe developmental delays of at least two (2) years below his or her chronological age or at least two (2) standard deviations below the mean, as measured by appropriate standardized diagnostic instruments and procedures in the following areas:

(1) Physical development;

(2) Language and communication development;

(3) Cognitive development;

(4) Adaptive development; or

(5) Social or emotional development;

Developmental delay does not include:

Autism;

Traumatic brain injury;

Intellectual disability;

Emotional disability;

Other health impairment;

Visual impairment;

Hearing impairment; or

(8) Speech/ language impairment;

(d) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for developmental delay, including medical documentation or a medical diagnosis if available;

(e) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by the suspected disability and not any of the inappropriate determinant factors as listed in Section 3010.2; and

(f) To remain eligible for special education and related services, a child identified as having a developmental delay shall qualify as having another category of disability prior to the child’s eighth birthday.

3011.5 In determining eligibility on the basis of emotional disability, the following shall apply:

(a) Emotional disability shall mean a condition exhibiting one (1) or more of the following characteristics over a minimum duration of three (3) months and to a marked degree that adversely affects a child’s educational performance:

(1) An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(2) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(3) Inappropriate types of behavior or feelings under normal circumstances;

(4) A general pervasive mood of unhappiness or depression; or

(5) A tendency to develop physical symptoms or fears associated with personal or school problems.

(b) Emotional disability includes schizophrenia;

(1) Whether the child exhibits one (1) or more of the following characteristics:

(i) An inability to learn that cannot be explained by intellectual, sensory, or health factors;

(ii) An inability to build or maintain satisfactory interpersonal relationships with peers and teachers;

(iii) Inappropriate types of behavior or feelings under normal circumstances;

(iv) A general pervasive mood of unhappiness or depression; or

(v) A tendency to develop physical symptoms or fears associated with personal or school problems; and

(2) Whether the child exhibits characteristics of emotional disturbance to a marked degree over a minimum duration of three (3) months;

(d) A child shall not be identified as having an emotional disability solely because:

(1) The child is socially maladjusted;

(2) The child’s behavior repeatedly violates the LEA’s code of child conduct; or

(3) The child is involved with a court or social service agency;

(e) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for emotional disability, including medical documentation or a medical diagnosis, if available; and

(f) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by an emotional disability and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.6 In determining eligibility on the basis of hearing impairment, the following shall apply:

(a) Hearing impairment shall mean a permanent or fluctuating deficit in hearing that adversely affects a child’s educational performance;

(b) The IEP Team shall consider assessments and child data related to whether the child displays a permanent or fluctuating deficit in hearing;

(c) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for hearing impairment, including medical documentation or a medical diagnosis, if available; and

(d) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by hearing impairment and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.7 In determining eligibility on the basis of intellectual disability, the following shall apply:

(a) Intellectual disability shall mean significantly below average general intellectual functioning, existing concurrently with deficits in adaptive behavior and manifested during the developmental period, that adversely affects a child’s educational performance. Intellectual disability does not include conditions primarily due to a sensory or physical impairment, traumatic brain injury, autism spectrum disorders, severe multiple impairments, cultural influences or a history of inconsistent or inadequate educational programming;

(b) The IEP Team shall consider assessments and child data related to:

(1) Whether the child displays intellectual functioning well below the mean on an individually administered standardized intelligence assessment. The IEP Team shall account for the standard error of measurement of the assessment in interpreting the results; and

(2) Whether the child displays deficits in adaptive behavior that significantly limit a child’s effectiveness in meeting the standards of maturation, learning, personal independence or social responsibility, and school performance that is expected of the individual’s age level and cultural group, as determined by clinical judgment;

(c) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for intellectual disability, including medical documentation or a medical diagnosis, if available; and

(d) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by intellectual disability and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.8 In determining eligibility on the basis of multiple disabilities, the following shall apply:

(a) Multiple disabilities shall mean concurrent impairments, such as intellectual disability-blindness or intellectual disability-orthopedic impairment, the combination of which causes severe educational needs that cannot be accommodated in special education programs solely for one (1) of the impairments. Multiple disabilities shall not include deaf-blindness;

(b) The IEP Team shall consider assessments and child data related to:

(1) Whether the child meets all eligibility criteria required for two (2) or more of the following disability categories as defined in this section:

(A) Autism;

(B) Emotional disability;

(D) Intellectual disability;

(E) Orthopedic impairment;

(F) Other health impairment;

(G) Specific learning disability;

(H) Speech or language impairment;

(I) Traumatic brain injury; or

(J) Visual impairment, if not concurrent with hearing impairment;

(2) Whether the combination of coexisting impairment is so severe, complex, and interwoven that identification in a single category of disability cannot be determined; and

(3) Whether the impairment results in multisensory or motor deficiencies and delays in the cognitive, affective, or psychomotor areas designed solely to address single impairments;

(c) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for multiple disabilities, including medical documentation or a medical diagnosis, if available;

(d) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by multiple disabilities and not any of the inappropriate determinant factors as listed in section 3010.2; and

(e) Multiple disabilities shall be treated as a separate and distinct classification from all other disability categories, and shall not be utilized due merely to the child not meeting the criteria of other categories.

3011.9 In determining eligibility on the basis of orthopedic impairment, the following shall apply:

(a) Orthopedic impairment shall mean a severe orthopedic impairment that adversely affects a child’s educational performance. The term includes impairments caused by a congenital anomaly, impairments caused by disease (e.g. poliomyelitis, bone tuberculosis), and impairments from other causes (e.g. cerebral palsy, amputations, and fractures or burns that cause contractures);

(b) The IEP Team shall consider assessments and child data related to whether the child displays a severe orthopedic impairment caused by:

(1) A congenital anomaly;

(2) Disease; or

(3) Other causes, as appropriate;

(d) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for orthopedic impairment; and

(e) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by orthopedic impairment and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.10 In determining eligibility on the basis of other health impairment, the following shall apply:

(a) Other health impairment shall mean having limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that is due to chronic or acute health problems and adversely affects a child’s educational performance;

(b) The IEP Team shall consider assessments and child data related to:

(1) Whether the child displays limited strength, vitality, or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment; and

(2) Whether the child exhibits a chronic or acute health problem, including but not limited to asthma, attention deficit disorder or attention deficit hyperactivity disorder, diabetes, epilepsy, a heart condition, hemophilia, lead poisoning, leukemia, nephritis, rheumatic fever, sickle cell anemia, or Tourette syndrome;

(c) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for other health impairment, including medical documentation or a medical diagnosis, if available;

(d) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by an other health impairment and not any of the inappropriate determinant factors listed in Section 3010.2; and

(e) The other health impairment category shall be treated as a separate and distinct classification from all other disability categories, and shall not be utilized due merely to the child not meeting the criteria of other categories.

3011.11 In determining eligibility on the basis of specific learning disability, the following shall apply:

(a) Specific learning disability shall mean a disorder in one (1) or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may affect the ability to listen, think, speak, read, write, spell, or to do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia. Specific learning disability shall not include learning problems that are primarily the result of visual, hearing, or motor disabilities, of intellectual disability, of emotional disability, of environmental, cultural, economic disadvantage, or limited English proficiency;

(b) The IEP Team shall consider assessments and child data related to whether the child achieves adequately for the child's age or meets State-approved grade-level standards, when provided with learning experiences and instruction appropriate for the child’s age or State-approved grade-level standards, in one (1) or more of the following areas:

(1) Oral expression;

(2) Listening comprehension;

(3) Written expression;

(4) Basic reading skills;

(5) Reading fluency skills;

(6) Reading comprehension;

(7) Mathematics calculation; or

(8) Mathematics problem solving;

(1) A visual, hearing, or motor disability;

(2) Intellectual disability;

(3) Emotional disability;

(4) Cultural factors;

(5) Environmental or economic disadvantage; or

(6) Limited English proficiency;

(d) To ensure underachievement in a child suspected of having a specific learning disability is not due to lack of appropriate instruction in reading or math, the IEP Team shall consider:

(1) Data that demonstrate that prior to, or as a part of, the referral process, the child was provided appropriate instruction in general education settings, delivered by qualified personnel; and

(2) Data-based documentation of repeated assessments of achievement at reasonable intervals, reflecting formal assessment of child progress during instruction, which was provided to the child’s parents;

(e) The IEP Team shall determine eligibility for specific learning disability using one (1) of the following methods:

(1) Eligibility using scientific, research-based interventions. In determining eligibility on the basis of specific learning disability using scientific, research-based interventions, the IEP Team shall consider assessments and child data related to:

(A) The criteria set forth in paragraph (a) of this subsection;

(B) Whether the child makes sufficient progress to meet age or grade-level standards in one (1) or more of the areas identified in Section 3011.11(b) when using a process based on the child’s response to scientific, research-based intervention, or a Response-to-Intervention model; or

(C) Whether the child exhibits a pattern of strengths and weaknesses in performance, achievement, or both, relative to age, State-approved grade-level standards, or intellectual development, that is determined by the group to be relevant to the identification of a specific learning disability, using appropriate assessments, consistent with this chapter; or

(2) Eligibility using the discrepancy model. In determining eligibility on the basis of specific learning disability using the discrepancy model, the IEP Team shall consider assessments and child data related to:

(A) The criteria set forth in paragraph (a) of this subsection; and

(B) If a discrepancy is demonstrated between achievement and intellectual functioning as measured by the educational evaluation and the intellectual evaluation of at least one and one half (1.5) standard deviations, as measured by appropriate standardized diagnostic instruments and procedures;

(f) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for specific learning disability, including medical documentation or a medical diagnosis, if available; and

(g) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by a specific learning disability and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.12 In determining eligibility on the basis of speech or language impairment, the following shall apply:

(a) Speech or language impairment shall mean a communication disorder, such as stuttering, impaired articulation, a language impairment, or a voice impairment, that adversely affects a child’s educational performance. A speech or language impairment shall not be attributed to characteristics of second language acquisition or dialectic differences;

(b) The IEP Team shall consider assessments and child data related to:

(1) Whether the child displays an articulation impairment, including atypical production of speech sounds characterized by substitutions, omissions, additions, or distortions that interferes with intelligibility in conversational speech;

(2) Whether the child displays a fluency impairment, including:

(A) Interruption in the flow of speech characterized by an atypical rate or rhythm;

(B) Repetition in sounds, syllables, words, and phrases that significantly reduces the child’s ability to participate within the learning environment;

(D) Stuttering; and

(E) Cluttering;

(3) Whether the child displays a language impairment, including:

(A) Impaired comprehension or use of spoken language which may also impair written or other symbol systems;

(B) Impairment in the form of language (phonology, morphology, and syntax);

(D) Impairment in the use of language in communication (pragmatics);

(4) Whether the child displays a voice impairment, including:

(A) Interruption in one (1) or more processes of pitch, quality, intensity, or resonance resonation that significantly reduces the speaker’s ability to communicate effectively;

(B) Aphonia, or the abnormal production of vocal quality, pitch, loudness, resonance, or duration, which is inappropriate for an individual’s age or gender, or both;

(d) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for speech or language impairment, including medical documentation or a medical diagnosis, if available; and

(e) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by speech or language impairment and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.13 In determining eligibility on the basis of traumatic brain injury, the following shall apply:

(a) Traumatic brain injury shall mean an acquired injury to the brain caused by an external physical force, resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance. Traumatic brain injury applies to open or closed head injuries resulting in impairments in one (1) or more areas, such as cognition, language, memory, attention, reasoning, abstract thinking, judgment, problem-solving, sensory, perceptual, and motor abilities, psychosocial behavior, physical functions, information processing, and speech. Traumatic brain injury does not apply to brain injuries that are congenital or degenerative, or to brain injuries induced by birth trauma;

(b) The IEP Team shall consider assessments and child data related to:

(1) Whether the child acquired injury to the brain caused by an external force that resulted in total or partial functional disability or psychosocial impairment;

(2) Whether the child displays a deficit in cognition, including memory, attention, reasoning, abstract thinking, judgment, problem solving, speed of information processing, cognitive endurance, organization, receptive and expressive language, and speed of language recall;

(3) Whether the child displays deficit in psychosocial behavior, including awareness of self and others, interactions with others, responses to social rules, emotional responses to everyday situations, and adaptive behavior; and

(4) Whether the child displays deficit in physical or motor abilities, including hearing and vision acuity, speech production, hand-eye coordination, mobility, and physical endurance;

(c) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for traumatic brain injury, including medical documentation or a medical diagnosis, if available; and

(d) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by traumatic brain injury and not any of the inappropriate determinant factors listed in Section 3010.2.

3011.14 In determining eligibility on the basis of visual impairment, the following shall apply:

(a) Visual impairment, including blindness, shall mean an impairment in vision that, even with correction, adversely affects a child’s educational performance. Visual impairment includes partial sight and blindness;

(b) The IEP Team shall consider assessments and child data related to whether the child exhibits an impairment in vision, including:

(1) Partial sight;

(2) Blindness; or

(3) Other visual conditions that, even with correction, adversely affect the child’s educational performance;

(1) Exact measures of visual field and corrected visual acuity at a distance and at close range in each eye;

(2) Diagnosis of cortical visual impairment; or

(3) Diagnosis of degenerative condition that is likely to result in significant loss of vision in the future;

(d) The IEP Team may consider and use as the basis for its determination any other sources of existing data indicating eligibility for visual impairment, including medical documentation or a medical diagnosis, if available;

(e) The IEP Team shall confirm that the child-level data demonstrates that the child’s educational performance has been adversely affected by a visual impairment and not any of the inappropriate determinant factors listed in Section 3010.2;

(f) For a child identified as having a visual impairment, an LEA shall assess the child’s need for special aids, materials, tactual media such as Braille, and equipment for learning, literacy, activities of daily living, social interaction, and self-advocacy; and

(g) For children identified as having a visual impairment who have a visual acuity of 20/200 or less after routine refractive correction, or who have a peripheral field of vision restricted to not more than twenty (20) degrees, the LEA shall obtain an evaluation by an orientation and mobility specialist. The orientation and mobility specialist shall also include in the report a set of recommended procedures to be used by a mobility specialist or a teacher of children with visual impairment in conducting orientation and mobility training activities.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3011

5-A DCMR § 3012 RELATED SERVICES

3012.1 The IEP Team shall determine whether a child with a disability requires any related services to benefit from special education.

3012.2 The LEA shall ensure that related services personnel who deliver services in their discipline or profession:

(a) Have qualifications consistent with any District of Columbia approved or recognized credential, certification, licensing, registration, or other comparable requirements that apply to the professional discipline in which those personnel are providing related services; and

(b) Have not had certification or licensure requirements waived on an emergency, temporary, or provisional basis.

3012.3 Audiology as a related service includes:

(a) Identification of children with hearing loss;

(b) Determination of the range, nature, and degree of hearing loss, including referral for medical or other professional attention for the habilitation of hearing;

(c) Provision of habilitative activities, including language habilitation, auditory training, speech reading (lip-reading), hearing evaluation, and speech conservation;

(d) Creation and administration of programs for prevention of hearing loss;

(e) Counseling and guidance of children, parents, and teachers regarding hearing loss; and

(f) Determination of the child’s needs for group and individual amplification, selecting and fitting an appropriate aid, and evaluating the effectiveness of amplification.

3012.4 Counseling services as a related service includes services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.

3012.5 Early identification and assessment of disabilities in children as a related service includes the implementation of a formal plan for identifying a disability as early as possible in a child’s life.

3012.6 Interpreting services as a related service includes:

(a) Oral transliteration services, cued language transliteration services, sign language transliteration and interpreting services, and transcription services, including communication access real-time translation (CART), C-Print, and TypeWell for children who are deaf or hard of hearing; and

(b) Special interpreting services for children who are deaf-blind.

3012.7 Medical services as a related service includes services provided by a licensed physician to determine a child’s medically-related disability that results in the child’s need for special education and related services.

3012.8 Occupational therapy as a related service is a service provided by a qualified occupational therapist that includes:

(a) Improving, developing, or restoring functions impaired or lost through illness, injury, or deprivation;

(b) Improving ability to perform tasks for independent functioning if functions are impaired or lost; and

3012.9 Orientation and mobility services as a related service includes services provided to blind or visually impaired children, by qualified personnel, to enable those children to attain systematic orientation to and safe movement within their environments in school, home, and community, and includes teaching children the following, as appropriate:

(a) Spatial and environmental concepts and use of information received by the senses (i.e. sound, temperature, and vibrations) to establish, maintain, or regain orientation and line of travel (e.g. using sound at a traffic light to cross the street);

(b) To use the long cane to supplement visual travel skills or as a tool for safely negotiating the environment for children with no available travel vision;

(d) Other concepts, techniques, and tools.

3012.10 Parent counseling and training as a related service includes:

(a) Assisting parents in understanding the special needs of their child;

(b) Providing parents with information about child development; and

(c) Helping parents to acquire the necessary skills that will allow them to support the implementation of their child’s IEP or IFSP including, as appropriate, the use of assistive technology as set forth in Section 3013.

3012.11 Physical therapy as a related service includes services provided by a qualified physical therapist.

3012.12 Psychological services as a related service includes:

(a) Administering psychological and educational tests, and other assessment procedures;

(b) Interpreting assessment results;

(d) Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;

(e) Planning and managing a program of psychological services, including psychological counseling for children and parents; and

(f) Assisting in developing positive behavioral intervention strategies.

3012.13 Recreation as a related service includes:

(a) Assessment of leisure function;

(b) Therapeutic recreation services;

(d) Leisure education.

3012.14 Rehabilitation counseling services as a related service means services provided to a child with a disability by qualified personnel, in individual or group sessions that focus specifically on the child’s career development, employment preparation, achievement of independence, and integration in the workplace and community. The term also includes vocational rehabilitation services provided to a child with a disability by vocational rehabilitation programs funded under the Rehabilitation Act of 1973, 29 U.S.C. §§ 701 et seq.

3012.15 School health services and school nurse services as related services include health services that are designed to enable a child with a disability to receive FAPE as described in the child’s IEP and are provided as follows:

(a) School nurse services are services provided by a qualified school nurse; and

(b) School health services are services that may be provided by either a qualified school nurse or other qualified person.

3012.16 Social work services as a related service in schools includes:

(a) Preparing a social or developmental history on a child with a disability;

(b) Group and individual counseling with the child and family;

(c) Working in partnership with parents and others on those problems in a child’s living situation that affect the child’s adjustment in school;

(d) Mobilizing school and community resources to enable the child to learn as effectively as possible in the child’s educational program; and

(e) Assisting in the development of positive behavioral intervention strategies.

3012.17 Speech-language pathology services as a related service includes:

(a) Identification of children with speech or language impairments;

(b) Diagnosis and appraisal of specific speech or language impairments;

(c) Referral for medical or other professional attention necessary for the habilitation of speech or language impairments;

(d) Provision of speech and language services for the habilitation or prevention of communicative impairments; and

(e) Counseling and guidance of parents, children, and teachers regarding speech and language impairments.

3012.18 Transportation as a related service:

(a) Includes travel to and from school and between schools, travel in and around school buildings, and specialized equipment, if required to provide special transportation for a child with a disability; and

(b) Shall be provided if the IEP Team determines that the provision of transportation services is necessary for the provision of FAPE and the child is eligible for transportation, using State-established criteria as prescribed in State-level policy.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3012

5-A DCMR § 3013 ASSISTIVE TECHNOLOGY

3013.1 The IEP Team shall consider whether a child with a disability requires assistive technology devices or assistive technology services, or both, on an annual basis. The IEP Team shall document the need for any assistive technology devices or services in the child’s IEP.

3013.2 As part of its consideration of assistive technology services, the IEP Team shall consider training necessary for the child with a disability to utilize required assistive technology devices or the child’s parent and teachers to support the child’s use of required assistive technology devices.

3013.3 The LEA shall ensure that assistive technology devices and services are made available to a child with a disability in accordance with the child’s IEP.

3013.4 The LEA shall not require the child with a disability or parent to purchase or otherwise provide assistive technology devices or assistive technology services as a condition of accessing FAPE, if such devices are deemed necessary by the IEP Team.

3013.5 The LEA shall allow the child with a disability to utilize LEA-purchased assistive technology devices in the child’s home or other settings if the IEP Team determines that the child requires access to those devices in the home or other settings in order to receive FAPE.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3013

5-A DCMR § 3014 PHYSICAL EDUCATION AND ADAPTED PHYSICAL EDUCATION

3014.1 Each LEA shall make physical education services, adapted if necessary, available to every child with a disability receiving FAPE, including any supplementary aids and services or modifications necessary for a child’s successful participation in the general or adapted physical education program, unless the LEA does not provide physical education to children without disabilities in the same grade or program.

3014.2 Adapted physical education may include, but is not limited to, the development of physical fitness, motor fitness, fundamental motor skills and patterns, skills in aquatics, dance, individual and group games, and sports.

3014.3 Each child with a disability shall be afforded the opportunity to participate with children without disabilities in the general physical education program unless:

(a) The child with a disability is educated full-time in a separate facility; or

(b) The child needs specially designed instruction in physical education pursuant to the child’s IEP that cannot be accommodated within a general physical education setting for practical reasons not related to lack of funding or staffing.

3014.4 If adapted physical education is prescribed in the child’s IEP, the LEA shall provide the physical education services directly or make arrangements for those services to be provided through an alternative public or private provider.

3014.5 The LEA shall ensure that a child with a disability who is educated full-time in a separate facility receives appropriate physical education services or adapted physical education services, in compliance with this section.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3014

5-A DCMR § 3015 EXTENDED SCHOOL YEAR SERVICES

3015.1 The IEP Team shall determine, whether the provision of extended school year services is necessary for the provision of FAPE to a child with a disability on an individual basis, as part of the initial IEP development and the annual IEP review.

3015.2 In determining whether extended school year services are necessary for the provision of FAPE, the IEP team shall utilize at least three (3) months of progress monitoring data from the current school year, or any relevant current data or information if three (3) months of progress monitoring data from the current school year is not available, to consider and document each of the following:

(a) The impact of a break in service on previously attained or emerging critical skills;

(b) The likelihood and degree of regression related to previously attained or emerging critical skills; and

3015.3 For the purposes of determining whether extended school year services are necessary for the provision of FAPE, a critical skill is a skill that is essential to a student’s overall educational progress and may include an academic skill, such as reading, or a non-academic skill that has a direct educational impact, such as a fine motor skill.

3015.4 The LEA shall not limit extended school year services to particular categories of disability or unilaterally limit the type, amount, or duration of these services., including that the LEA shall not limit provision of extended school year services to only the summer or to periods during which the LEA provides summer school programming.

3015.5 A child’s status as a child with a disability, or a child with a disability who receives extended school year services, shall not limit the child’s access to summer school in order to earn credits needed to advance between grades or graduate from high school.

3015.6 If a child with a disability transfers between District of Columbia LEAs between school years and has an IEP which includes extended school year services, the child’s prior LEA shall ensure the provision of such services through July 31 or the last day of summer extended school year services, whichever is later.

3015.7 If a child with a disability receives extended school year services, the IEP Team shall determine whether extended school year related transportation services are necessary for the provision of FAPE. The determination regarding extended school year services provided during the summer, including the location of those services, shall be made in accordance with timelines established by the SEA.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3015

5-A DCMR § 3016 PARENTAL CONSENT FOR INITIAL PROVISION OF SERVICES

3016.1 The LEA shall obtain consent from the parent of a child with a disability before initiating the provision of special education and related services to the child.

3016.2 A parent who consents to the initial provision of special education and related services is consenting to the provision of services generally, and may not decline consent for any particular special education or related service designated in the IEP. If a parent disagrees with a particular special education or related service designated in the IEP, the parent may utilize the procedural safeguards in Sections 3049 through 3055.

3016.3 An LEA may not use a parent’s refusal to consent to one (1) service or activity to deny the parent or child any other service, benefit, or activity of the LEA.

3016.4 The LEA shall maintain a record that demonstrates reasonable efforts as defined in this chapter to obtain consent from the parent for the initial provision of special education and related services.

3016.5 If the parent of a child with a disability fails to respond to a request for, or refuses to consent to, the initial provision of special education and related services, all of the following apply:

(a) The LEA is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education and related services;

(b) The LEA shall not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with further special education and related services; and

(c) The LEA may not use mediation or due process procedures to obtain agreement or a ruling that the services can be provided to the child without parental consent.

3016.6 A parent who consents to the provision of special education and related services may revoke consent at any time, as follows:

(a) A parent who revokes consent shall submit the revocation in writing;

(b) If the parent revokes consent, that revocation is not retroactive and does not negate an action that has occurred after the consent was initially given and before the consent was revoked; and

(c) If the parent revokes consent after the child is initially provided special education and related services, the LEA is not required to amend the child’s education records to remove any references to the child’s receipt of special education and related services because of the revocation of consent.

3016.7 If a parent revokes consent prior to the initial provision of special education and related services, the LEA:

(a) Shall provide prior written notice of the LEA’s intent to not initiate the provision of special education and related services;

(b) May not initiate the provision of special education and related services to the child;

(d) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with special education and related services; and

(e) May not use mediation or due process procedures consistent with this chapter to obtain agreement or a ruling that the services can be provided to the child.

3016.8 If, at any time subsequent to the initial provision of special education and related services, the parent of a child revokes consent in writing for the continued provision of special education and related services, the LEA:

(a) Shall provide prior written notice of the LEA’s intent to discontinue the provision of special education and related services;

(b) May not continue the provision of special education and related services to the child;

(c) Is not required to convene an IEP Team meeting or develop an IEP for the child for further provision of special education and related services;

(d) Will not be considered to be in violation of the requirement to make FAPE available to the child because of the failure to provide the child with special education and related services; and

(e) May not use mediation or due process procedures to obtain agreement or a ruling that the services can be provided to the child.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3016

5-A DCMR § 3017 INDIVIDUALIZED EDUCATION PROGRAM DEVELOPMENT

3017.1 The LEA shall ensure that the IEP Team completes its development of the initial IEP for a child with a disability within thirty (30) days of a determination that a child is eligible for special education and related services.

3017.2 The LEA shall provide school staff and related service providers with access to the completed IEP no later than five (5) business days after the IEP is finalized.

3017.3 The LEA shall ensure that each teacher and provider described in Section 3017.2 is informed of:

(a) His or her specific responsibilities related to implementing the child's IEP; and

(b) The specific accommodations, modifications, and supports that must be provided for the child in accordance with the IEP.

3017.4 The LEA shall provide the child’s parent with the completed IEP as required by Section 3009.8.

3017.5 In developing an IEP for a child with a disability, the IEP Team shall consider and document:

(a) The child’s strengths and needs;

(b) The concerns of the parent for meeting the educational needs of the child;

(d) The academic, developmental, and functional needs of the child; and

(e) The child’s need for assistive technology devices and services.

3017.6 The LEA shall develop an IEP and provide special education and related services that are based upon the individual needs of the child and not upon the child’s disability category.

3017.7 The IEP team shall develop an IEP that is reasonably calculated to enable the child to make progress that is appropriate in light of the child’s circumstances.

3017.8 An IEP shall include:

(a) A statement of the child’s present levels of academic achievement and functional performance, including:

(1) How the child’s disability affects the child’s involvement and progress in the general education curriculum; or

(2) For preschool children, as appropriate, how the disability affects the child’s participation in developmentally appropriate activities and environments;

(b) A statement of measurable annual goals, including academic and functional goals designed to meet the child’s needs that result from the child’s disability to enable the child to be involved and make progress in the general education curriculum that is appropriate in light of the child’s circumstances, and meet each of the child’s other educational needs that result from the child’s disability, including a description of:

(1) How the child’s progress toward meeting the annual goals will be measured; and

(2) When periodic reports on the child’s progress toward meeting the annual goals will be provided;

(c) A description of benchmarks or short-term objectives for children with disabilities who take alternate assessments aligned to alternate achievement standards;

(d) A statement of the special education and related services and supplementary aids and services, including assistive technology, to be provided to the child, and a statement of the program modifications or supports for LEA personnel that will be provided to enable the child to do all of the following:

(1) Advance appropriately toward attaining the annual goals;

(2) Be involved in and make progress in the general education curriculum, and to participate in other nonacademic activities and extracurricular; and

(3) Be educated and participate with other children with disabilities and children without disabilities in the activities described in this section;

(e) An explanation of the extent, if any, to which the child will not participate with children without disabilities in the general education environment and in the activities described in paragraph (d) of this subsection;

(f) A statement of any individual appropriate accommodations necessary to measure the academic achievement and functional performance of the child on statewide assessments or, if the IEP Team determines that the child shall take an alternate assessment, a statement of why the child cannot participate in the regular assessment and why the particular alternate assessment selected is appropriate for the child; and

(g) The projected date for the initial provision of services and modifications designated, and the anticipated frequency, location, and duration of those services and modifications.

3017.9 The IEP Team shall consider the communication needs of the child, and in the case of a child who is deaf or hard of hearing, consider the language and communication needs, including:

(a) Opportunities for direct communications with peers and professional personnel in the child’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the child’s language and communication mode; and

(b) The LEA shall provide the necessary assistive technology devices and services to accommodate the student’s language and communication needs.

3017.10 If the behavior of a child with a disability impedes the student’s learning or the learning of other students, the IEP team shall consider:

(a) The use of positive behavioral interventions and supports and other strategies to address that behavior and shall document which interventions were considered and selected; and

(b) Whether to conduct a functional behavioral assessment and develop a behavioral intervention plan for the child.

3017.11 If a child with a disability is an English learner pursuant to 5-E DCMR Chapter 31:

(a) The IEP Team shall consider the language needs of the child as those needs relate to the child’s educational performance, IEP services, and IEP goals; and

(b) The LEA shall provide the individualized services and accommodations required by the student’s IEP and the student’s language instruction educational program.

3017.12 If a child is blind or visually impaired:

(a) The LEA shall conduct an assessment of the child’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the child’s future needs) in order to assess the student’s need for instruction in Braille or the use of Braille;

(b) The IEP Team shall consider the results of the assessment to determine if the use of Braille is appropriate, and document such material needs in the child’s IEP; and

(c) The LEA shall provide the necessary assistive technology devices and services to accommodate the child’s vision-related needs.

3017.13 The IEP Team shall consider whether the child needs assistive technology devices and services not otherwise considered in accordance with this section.

3017.14 The general education teacher of a child with a disability, as a member of the IEP Team, shall assist in determining the supplementary aids and services, program modifications, or supports for school personnel that shall be provided for the child in conjunction with general education classroom placement.

3017.15 Except as required in Section 3001.11(c), the LEA shall implement an IEP as soon as possible after the meeting where the IEP is developed or revised.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3017

5-A DCMR § 3018 INDIVIDUALIZED EDUCATION PROGRAM REVIEW AND REVISION

3018.1 The LEA shall ensure that the IEP Team convenes to review the child’s IEP at least once annually to determine whether the child is making progress toward the annual IEP goals.

3018.2 The IEP Team shall revise the IEP, as appropriate, to address:

(a) Any lack of expected progress toward the annual IEP goals, including academic and functional goals designed to meet the child’s needs and which enable the child to be involved in and make progress in the general education curriculum;

(b) The results of any reevaluation conducted in accordance with Section 3007;

(d) The child’s anticipated needs; or

(e) Other matters.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3018

5-A DCMR § 3019 INDIVIDUALIZED EDUCATION PROGRAM AMENDMENT

3019.1 Proposals to revise an IEP that occur after a child’s annual IEP Team meeting for a school year, may be considered by the entire IEP Team at an IEP Team meeting or by the LEA and parent through documented written agreement, except that the LEA and parent may not agree in writing to revise the child’s eligibility status, disability category, or placement to a more restrictive setting outside the LEA.

3019.2 When proposing to revise the types or amounts of special education or related services through documented written agreement, the LEA shall provide the parent with a written explanation supporting the proposed change including current data and, if relevant, input from the appropriate special education instructor or related service provider.

3019.3 A proposed revision through documented written agreement shall include signatures from both the LEA and the child’s parent to execute the IEP amendment.

3019.4 If the LEA and parent agree to an amendment, the LEA shall provide the IEP Team with the amendment no later than five (5) business days after a meeting has occurred or documented written agreement has been executed to amend the IEP.

3019.5 The LEA shall provide the student’s parent with a copy of the revised IEP with the amendments incorporated in accordance with Section 3009.8.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3019

5-A DCMR § 3020 INDIVIDUALIZED EDUCATION PROGRAM IN EFFECT

3020.1 The LEA shall ensure that there is an IEP in effect for each enrolled child who has been determined eligible for special education and related services throughout the calendar year, including the summer months.

3020.2 For students who enroll in an LEA after the start of the LEA’s school year, as soon as possible but no later than five (5) school days after enrollment, the LEA shall send a written request for the child’s educational records to the child’s previous LEA, including a request for all documentation pertaining to the referral for or provision of special education or related services to the child, that are not maintained in the District of Columbia special education system of record or the Statewide longitudinal education database including, but not limited to, disciplinary actions, course completion, and credit accrual.

3020.3 The LEA shall respond to a request for educational records of a previously enrolled child by providing such records as soon as possible, but no later than ten (10) business days after the receipt of the request, even if the provision of such records necessitates the physical transfer of paper records.

3020.4 The child’s new LEA shall ensure that any existing IEP or supporting special education documentation received from the child’s parent or previous LEA is uploaded into the appropriate State-level data system no later than five (5) business days after receipt.

3020.5 The LEA, in consultation with the parent, shall make FAPE available to a child who transfers into the LEA in the form of comparable services, as follows:

(a) Comparable services shall be provided as soon as possible, and all comparable services shall be in place no later than twenty (20) calendar days of the LEA’s receipt of the child’s existing IEP, IFSP, or services plan;

(b) The LEA shall provide the parent of a child with disabilities with prior written notice before the provision of comparable services; and

3020.6 The LEA is not required to provide special education and related services to the child, including comparable services, if it is unable to obtain the existing IEP after exercising and documenting reasonable efforts to obtain the child’s educational records. However, if the LEA suspects that the child is a child with a disability, the LEA shall fulfill its child find responsibilities under Section 3003 to evaluate the student to determine eligibility.

3020.7 For students who enroll in an LEA after the start of the LEA’s school year, the LEA shall, upon enrollment, begin collecting and reviewing child-level data to assist in its determination of whether a transfer child’s existing IEP is appropriate to meet the unique needs of the child.

3020.8 If a child transfers from an LEA outside of the District of Columbia, the new LEA shall determine whether it is necessary to conduct an evaluation to determine the child’s eligibility under this chapter, as follows:

(a) If the LEA determines it is not necessary to conduct an evaluation, the LEA shall document adoption of the child’s existing eligibility within thirty (30) calendar days of enrollment; or

(b) If the LEA determines it is necessary to conduct an evaluation, or if the LEA is unable to obtain the existing IEP or other necessary student records, the LEA shall:

(1) Make and document reasonable efforts, as defined in this chapter, to obtain parental consent within fifteen (15) calendar days from the date on which the child is referred for an initial evaluation;

(2) Conduct an evaluation and determine eligibility within sixty (60) calendar days from the date that the student’s parent or guardian provides consent for the evaluation or assessment; and

(3) Develop an IEP within fifteen (15) calendar days of the eligibility determination.

3020.9 If a child transfers from an LEA within the District of Columbia, the new LEA shall determine whether to adopt the existing IEP or develop a new IEP within thirty (30) calendar days of enrollment, as follows:

(a) If the LEA determines that the existing IEP is appropriate, the LEA shall document adoption of the IEP within thirty (30) calendar days of enrollment; or

(b) If the LEA determines that the existing IEP is not appropriate, the LEA shall develop and finalize a new IEP within sixty (60) calendar days of enrollment.

3020.10 The LEA may not adopt an existing IEP that is expired or will expire within thirty (30) calendar days of the child’s enrollment. However, the LEA is obligated to provide FAPE in the form of comparable services consistent with Section 3020.5.

3020.11 Upon receipt of an expired IEP, the LEA shall presume that the child remains a child with a disability and provide FAPE in the form of comparable services consistent with Section 3020.5 unless it has record or documentation of a formal exit from special education, as follows:

(a) The LEA shall request appropriate records, provide comparable services, and conduct an evaluation to ensure that the child receives appropriate services;

(b) The LEA shall adhere to the procedures and timelines set forth in this chapter to determine whether the child continues to be a child with a disability and, if necessary, to develop an IEP for the child; and

(c) If the child’s IEP Team determines that the child is no longer eligible for services, the LEA shall complete all procedural and documentation requirements before ceasing the provision of comparable services and exiting the child from special education pursuant to Section 3028.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3020

5-A DCMR § 3021 LEAST RESTRICTIVE ENVIRONMENT

3021.1 An LEA shall provide a child 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 child with a disability from an age-appropriate classroom solely because of needed modifications in the general education curriculum.

3021.2 The LEA shall ensure that:

(a) To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who do not have disabilities; and

(b) Special education classrooms, separate schooling, or other removal of children with disabilities from the general educational environment occurs only when the nature or severity of the disability is such that education in general education classes with the use of supplementary aids and services cannot be achieved satisfactorily.

3021.3 The LEA shall provide and arrange for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, after-school activities and athletics, and other nonacademic and extracurricular services and activities in the least restrictive environment for children with disabilities to the same extent that it provides such services and activities for children without disabilities.

3021.4 The LEA shall ensure that all programs and services are considered in terms of the least restrictive environment for each child with a disability, starting with the general education classroom as the first environment for consideration.

3021.5 In determining the least restrictive environment for a child, the LEA shall consider any potential harmful effect of the level of restrictiveness on the child or on the quality of services that the child needs.

3021.6 The IEP Team shall justify and document on the IEP the extent to which the child will not participate in the general education classroom, the general education curriculum, or extracurricular or other nonacademic activities, and indicate the percentage of time spent outside of the general education environment, as well as placement in separate schools or facilities.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3021

5-A DCMR § 3022 PLACEMENT DETERMINATION

3022.1 The LEA shall ensure that the appropriate educational placement for a child with a disability is:

(a) Based on the child’s current level of need as documented in the child’s IEP;

(b) Reviewed and determined annually by a group of persons, including the parents and other persons knowledgeable about the child, the meaning of the evaluation data, and the continuum of alternative placement options;

(d) Determined in conformity with the least restrictive environment provisions of Section 3021.

3022.2 The LEA shall determine the child’s placement based upon the child’s needs, regardless of existing placement options, services, staff, or space that exists at the time.

3022.3 The LEA shall not determine a child’s placement based solely on additional costs or administrative inconvenience that would result from educating the child within the general education classroom.

3022.4 A child with a disability shall be educated in the school that the child would attend if the child did not have a disability unless the child’s unique needs or the nature or severity of the child’s disability warrant a more restrictive placement.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3022

5-A DCMR § 3023 [RESERVED]

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3023

5-A DCMR § 3024 HOME AND HOSPITAL INSTRUCTION (REQUIRED FOR FAPE)

3024.1 Home instruction and hospital instruction are placements provided to a child with a disability if the IEP Team determines that the child cannot receive educational benefit in a less restrictive setting.

3024.2 A child with a disability may be placed in home or hospital instruction only if the IEP team determines that the child cannot receive an educational benefit in a less restrictive setting.

3024.3 The IEP Team shall document in the child’s IEP:

(a) The determination of placement in home or hospital instruction; and

(b) The type of educational services to be provided in the home or hospital, based on the child’s needs.

3024.4 The LEA shall ensure that children with disabilities placed in home or hospital instruction receive timely notice of extracurricular activities and are permitted to participate in extracurricular activities to the extent they are able to do so.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3024

5-A DCMR § 3025 PLACEMENT OUTSIDE OF THE LEA

3025.1 If an LEA anticipates that it may be unable to provide a child with a disability with an appropriate special education placement in accordance with IDEA and other applicable laws or regulations, the LEA shall notify the SEA in writing.

3025.2 Prior to submitting a written request to the SEA for placement outside of the LEA, the IEP Team shall consider the appropriateness of the child’s IEP and the appropriateness of the LEA’s delivery of services to the child in placements within the LEA.

3025.3 The LEA shall submit a written request to the SEA with required supporting documentation and child-level data, in accordance with State-established procedures.

3025.4 The SEA shall conduct its review of a complete written request within thirty (30) business days of submission, unless one (1) of the following occurs:

(a) The LEA submits a written request for expedited review of the placement request to the SEA; or

(b) In the event of extenuating circumstances and with notice to the LEA and parent, the SEA review of a written request may be extended for additional periods of fifteen (15) business days.

3025.5 After review of all supporting documentation from the LEA and meeting to discuss a possible placement outside of the LEA, the SEA representative shall make a recommendation indicating whether a placement outside the LEA is warranted, as follows:

(a) The SEA representative shall make a verbal recommendation at the conclusion of the meeting to discuss the proposed change in placement;

(b) The group of persons identified in Section 3022.1(b) remains responsible for selecting the appropriate educational placement of the child; and

(c) Following the meeting to discuss the proposed change in placement, the SEA shall issue a written memorandum documenting its recommendation.

3025.6 If the group of persons identified in Section 3022.1(b) decides to proceed with placement outside the LEA, the SEA shall issue a service location within fifteen (15) business days of the decision absent extenuating circumstances as determined by the SEA. The SEA shall assess the child’s needs and ensure that the location selected is able to implement the child’s IEP.

3025.7 If the SEA is unable to issue a service location within fifteen (15) business days due to extenuating circumstances, the SEA shall provide notice to the parent and the LEA describing the circumstances and establishing an extended timeline for issuance of a service location.

3025.8 The SEA shall not issue a service location for a nonpublic special education school or program that:

(a) Is unable to implement the child’s IEP or meet the unique needs of the child;

(b) Does not hold a current certificate of approval, issued by the SEA in accordance with D.C. Official Code § 38-2561.07 and applicable regulations, to serve children with disabilities from the District;

(d) Requires all children to attend extended school year programming regardless of need or as a condition of enrollment; or

(e) Requires all children to attend programming that is offered outside the time frame of the regular instructional day and is not included in the school or program’s per diem educational rate approved by the SEA.

3025.9 Consistent with D.C. Official Code § 38-2561.03, unless the placement of a child has been ordered by a District of Columbia Court, federal court, or impartial hearing officer pursuant to IDEA and D.C. Official Code § 38-2561.03(b)(2), no child whose education is funded by the District of Columbia government shall be placed in a nonpublic special education school or program that:

(a) Allows the use of aversive intervention in its policy or practice; or

(b) Has not received and maintained a certificate of approval in accordance with D.C. Official Code § 38-2561.03 and applicable regulations.

3025.10 SEA decisions regarding a child’s service location shall give preference to appropriate special education schools or providers located in the District of Columbia; provided that the placement is appropriate for the child and made in accordance with IDEA, local law, and this chapter. Service locations shall be determined in the following order of priority:

(a) Private or residential facility located in the District of Columbia; or

(b) Facility located outside the District of Columbia.

3025.11 The group of people determining the educational placement of a child with a disability shall ensure that the child’s placement is determined annually, is based on the child’s IEP and is located as closely as possible to the child’s home.

3025.12 The LEA shall submit to the SEA a request for a change in service location from one (1) nonpublic special education school or program to another nonpublic special education school or program. The SEA shall issue a service location in accordance with State-established procedures.

3025.13 A request from the LEA for a change in placement from a nonpublic placement to a more restrictive nonpublic placement, such as a residential or psychiatric residential treatment facility, shall be submitted through the SEA’s procedures for placement outside of the LEA in accordance with this section.

3025.14 A recommendation for a special education placement at a residential treatment facility shall assure that priority is given to a facility that:

(a) Meets the District of Columbia Department of Health Care Finance (DHCF) requirements for a Psychiatric Residential Treatment Facility (PRTF), consistent with 29 DCMR § 948; and

(b) Is located in the District of Columbia.

3025.15 If a PRTF placement within the District of Columbia is not deemed to be appropriate for a child, the appropriate PRTF selected outside of the District of Columbia shall be located at a distance as close as possible to the child’s home.

3025.16 If a child’s placement is made at a residential treatment facility, the LEA shall request parental consent authorizing the LEA to contact:

(a) The District of Columbia Department of Behavioral Health (DBH) to determine whether the child qualifies for a certification that admission to a PRTF is medically necessary; and

(b) DHCF to determine whether the child is eligible or entitled to receive Medicaid benefits.

3025.17 If a child’s service location is a residential treatment facility that does not meet DHCF requirements for classification as a PRTF consistent with 29 DCMR § 948, a decision for service location shall first give preference to an appropriate residential treatment facility located in the District of Columbia; and if an appropriate facility cannot be found within the District of Columbia, the residential facility selected for the child shall be located at a distance as close as possible to the child’s home.

3025.18 The SEA shall be responsible for paying the costs of education, including special education and related services, of a child with a disability when the child is placed at a nonpublic special education school or program pursuant to this section; provided, that, in conformity with IDEA, the SEA shall not be responsible for paying the cost of education, including special education and related services, of a child with a disability who attends a nonpublic special education school or program if:

(a) An LEA made FAPE available to the child; and

(b) The child’s parent or guardian elected to place the child in a nonpublic special education school or program.

3025.19 A child with a disability who is placed at a nonpublic special education school or program shall remain enrolled in and is the responsibility of the LEA, unless and until the parent enrolls the child in another LEA.

3025.20 When a child with a disability enrolled in an LEA is placed in a nonpublic special education school pursuant to this section, the LEA shall:

(a) Ensure that the child participates in statewide assessments in accordance with procedures and guidelines issued by the SEA;

(b) Transition the child with a disability back to the lesser restrictive environment as soon as practicable;

(c) At all times while the child with a disability is placed at the nonpublic school, maintain the capacity to serve the child at the LEA (i.e., hold an open seat for the child) unless and until the child’s parent enrolls the child in another LEA;

(d) Continue to monitor each child’s academic and social-emotional progress at the nonpublic school; and

(e) Remain responsible for compliance with IDEA and local requirements for a child placed into a nonpublic school.

3025.21 During the school year in which a child with a disability placed in a nonpublic school will exceed the maximum age or grade for children served by the LEA as specified in its charter, the LEA shall:

(1) Provide written notification to the parent of their responsibility to enroll the child at another LEA; and

(2) Provide such notification before December 31 of the school year.

3025.22 Pursuant to 34 C.F.R. § 300.208, any LEA may use its IDEA Part B funding to establish and implement cost or risk sharing funds, consortia, or cooperatives working in a consortium with other LEAs to pay for high cost special education and related services.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3025

5-A DCMR § 3026 SECONDARY TRANSITION

3026.1 The first IEP in effect after a child with a disability reaches fourteen (14) years of age, which shall be updated annually thereafter, shall include transition assessments and services, including:

(a) Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training, education, employment, and where appropriate, independent living skills and the transition services needed to assist the child in reaching those goals;

(b) For children with disabilities covered by this section and attending middle school, at least one (1) goal shall address readiness for and transition to high school;

(d) If the IEP team determines that transition services are not needed, the IEP shall include a statement to that effect and the basis upon which the determination was made.

3026.2 The requirements in this section shall not apply to children with disabilities who are convicted as adults under District of Columbia law and incarcerated in adult prisons whose eligibility under Part B of IDEA will end, because of their age, before they will be eligible to be released from prison based on consideration of their sentence and eligibility for early release.

3026.3 The LEA shall invite a child with a disability to attend his or her IEP Team meeting if a purpose of the meeting will be the consideration of postsecondary goals for the child and the transition services needed to assist the child in reaching those goals, and the LEA shall take other steps to ensure that the child’s preferences and interests are considered if the child does not attend the IEP Team meeting.

3026.4 To the extent appropriate and with the consent of the parent or a child who has reached the age of eighteen (18) years old, the LEA shall invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services, to an IEP Team meeting if a purpose of the meeting will be the consideration of postsecondary goals for the child and the transition services are needed to assist the child in reaching those goals, as follows:

(a) If a participating agency notifies the LEA in advance that it will not be able to attend the meeting, the LEA shall obtain information from the agency necessary for the specific transition services to be included in the IEP; and

(b) If a participating agency, other than the LEA, fails to provide the transition services described in the IEP, the LEA shall reconvene the IEP Team to identify alternative strategies to meet the transition goals for the child specified in the IEP.

3026.5 In accordance with 5-A DCMR Chapter 22 beginning with the ninth grade year, the child’s course of study shall include a graduation plan that is reviewed annually and modified, when necessary, to reflect the child’s changing needs, interests, and performance.

3026.6 The LEA shall make available a course of study that affords all children, including those children with significant disabilities, an opportunity to earn a regular high school diploma.

3026.7 An IEP Team’s decision to alter the child’s course of study to an IEP Certificate of Completion shall be justified by child-level performance data and documented in the child’s IEP and shall include the following:

(a) The LEA shall provide the parents and child with written notification that the IEP Team has determined that the child will be placed on an IEP Certificate of Completion course of study;

(b) With the written notification to the parents and child, the LEA shall provide accessible information about the differences between a regular high school diploma and an IEP Certificate of Completion course of study;

(c) The LEA shall provide an annual progress report to the parent that includes the child’s completed coursework and clearly indicates that the child is on an IEP Certificate of Completion course of study; and

(d) When appropriate, an IEP Team shall consider changing the child’s course of study from an IEP Certificate of Completion course of study to a regular high school diploma course of study and, in such cases, the LEA shall provide the child with access to the appropriate coursework required to earn a regular high school diploma, with modifications if necessary, until the end of the school year in which the child turns twenty-two (22) years old.

3026.8 Not later than one (1) year before a child with a disability’s anticipated high school graduation or attainment of an IEP Certificate of Completion, the IEP team shall identify which adult services might be appropriate for the child and, in consultation with the appropriate District of Columbia agency when feasible, what evaluations should occur to determine the child’s eligibility for those services; provided, that nothing in this section shall be construed to impose any obligation on an LEA to conduct evaluations to determine eligibility for adult services.

3026.9 Beginning at least one (1) year before a child with a disability reaches the age of eighteen (18), his or her IEP shall include a statement that the child has been informed of his or her rights under Part B of IDEA that will transfer to the child on reaching the age of eighteen (18), unless the child has been determined to be incompetent under District of Columbia law or the child has been certified as unable to provide informed consent pursuant to Sections 3035 through 3037.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3026

5-A DCMR § 3027 IEP CERTIFICATE OF COMPLETION FOR SPECIAL EDUCATION

3027.1 The LEA shall develop, publish, and maintain a uniform IEP Certificate of Completion policy establishing:

(a) Minimum credit unit requirements in all of the following content areas:

(1) English Language Arts;

(2) Mathematics;

(3) Life Science/ Physical Science; and

(4) History/ Social Studies.

(b) Requirements related to community service hours;

(d) Any other LEA requirements.

3027.2 If an LEA does not develop and publish a uniform IEP Certificate of Completion policy by July 1, 2023, the following requirements shall apply:

(a) Completion of a minimum of fourteen (14) unit credits including minimum units in the following content areas:

(1) Two (2) units of English Language Arts;

(2) Two (2) units of Mathematics;

(3) Two (2) units of Life Science/Physical Science; and

(4) Two (2) units of History/Social Studies;

(b) Satisfactory completion of community service hours, as determined by the IEP team; and

3027.3 The LEA’s IEP Certificate of Completion policy in effect when a student enters the ninth grade or transfers into the LEA shall apply until the student obtains an IEP Certificate of Completion or is no longer eligible for special education.

3027.4 In accordance with 5-A DCMR § 2203.8, the decision to pursue a program leading to an IEP Certificate of Completion shall be made by the IEP team including the parent, and where possible, the student. The decision shall be made no earlier than the ninth grade and documented in the student’s IEP.

3027.5 A student shall not be eligible to pursue an IEP Certificate of Completion if:

(a) The student is age twenty (20) or younger and is five (5) credits or fewer away from earning a regular high school diploma;

(b) The student has satisfactorily completed all coursework required to earn a regular high school diploma, but has not met requirements related to community service hours; or

3027.6 A student with an IEP, who successfully earns an IEP Certificate of Completion issued by the LEA, shall be allowed to participate fully in graduation exercises or ceremonies as conducted by the LEA.

3027.7 The LEA is responsible for making FAPE available to a student who earns an IEP Certificate of Completion until the student receives a regular high school diploma or until the end of the school year in which the student turns twenty-two (22) years old, whichever occurs first.

3027.8 If a student earns an IEP Certificate of Completion prior to the end of the school year in which the student turns twenty-two (22) years old, the LEA shall inform the student in writing that the student remains eligible to receive FAPE consistent with Section 3001.4.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3027

5-A DCMR § 3028 EXIT FROM SPECIAL EDUCATION

3028.1 The LEA is responsible for developing and implementing a child’s IEP, including all associated procedural and documentation requirements, until:

(a) The child is determined to no longer be a child with a disability;

(b) The child receives a regular high school diploma; or

3028.2 The LEA shall evaluate a child with a disability in accordance with this chapter before determining that the child is no longer a child with a disability, except that an evaluation is not required if the child’s entitlement to receive special education services is terminated due to the child receiving a regular high school diploma or due to the child exceeding twenty-two (22) years of age.

3028.3 The LEA shall provide the parent, or child if over eighteen (18) years old and to whom educational rights have transferred, with prior written notice of the discontinuation of special education services as follows:

(a) The prior written notice shall be provided:

(1) Prior to the completion of the last semester of school in which the child with an IEP is expected to obtain a regular high school diploma; or

(2) Prior to the completion of the school year in which the child turned twenty-two (22) years old; and

(b) The prior written notice shall clearly state that the child will no longer be entitled to receive special education and related services from the LEA.

3028.4 The LEA shall continue to make available special education and related services to a child with a disability who has not earned a regular high school diploma in accordance with the child’s IEP, until the end of the school year in which the child turns twenty-two (22) years old.

3028.5 The LEA shall provide the child with a summary of performance at no cost, in accordance with this section, no later than sixty (60) calendar days prior to termination of the child’s special education and related services due to obtaining a regular high school diploma or completion of the school year in which the child turns twenty-two (22) years old.

3028.6 The summary of performance required in this section shall include:

(a) A summary of the child’s academic achievement,

(b) A summary of the child’s functional performance; and

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3028

5-A DCMR § 3029 SYSTEM OF RECORD

3029.1 The LEA shall fully utilize designated District of Columbia special education data systems to maintain and update student records and data associated with the implementation of IDEA, this chapter, and any related federal and local reporting responsibilities and to access reporting and other functions to monitor overall LEA progress and compliance.

3029.2 The LEA shall update a student’s record or upload appropriate documentation in designated District of Columbia special education data systems no later than five (5) business days after a change.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3029

5-A DCMR § 3030 CONFIDENTIALITY OF EDUCATION RECORDS

3030.1 In accordance with the confidentiality procedures of IDEA and the Family Educational Rights and Privacy Act (FERPA), (20 U.S.C. § 1232g), the parent of a child with a disability shall be given the opportunity to inspect, review, and to copy, at no cost to the parent, all of the child's records relating to the identification, evaluation, and educational placement, and the provision of FAPE.

3030.2 The LEA shall ensure the confidentiality of personally identifiable information in accordance with IDEA and FERPA.

3030.3 The LEA shall develop a process, including an opportunity for a hearing, for a parent to correct information in a child’s record as follows:

(a) A parent who believes that information in the education records collected, maintained, or used under this part is inaccurate or misleading or violates the privacy or other rights of the child may request the LEA that maintains the information to amend the information;

(b) The LEA shall decide whether to amend the information in accordance with the request within a reasonable period of time of receipt of the request; and

(c) If the LEA decides to refuse to amend the information in accordance with the request, it shall inform the parent of the refusal in writing, including information advising the parent of the right to a hearing under 34 C.F.R. § 300.619.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3030

5-A DCMR § 3031 PARENTAL CONSENT

3031.1 The LEA shall obtain parental consent before:

(a) Conducting an initial evaluation of a child to determine if a child qualifies as a child with a disability;

(b) The initial provision of special education and related services to a child;

(d) Disclosing the child’s personally identifiable information unless the information is contained in educational records and the disclosure is authorized without parental consent under FERPA.

3031.2 Parental consent may be revoked at any time, as follows:

(a) Revocation shall be provided in writing; and

(b) If a parent revokes consent, that revocation is not retroactive and does not negate an action that has occurred after the consent was given and before the consent was revoked.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3031

5-A DCMR § 3032 PRIOR WRITTEN NOTICE

3032.1 The LEA shall provide written notice to the parent of a child with a disability a reasonable time before the LEA:

(a) Proposes to initiate or change the identification, evaluation, educational placement, including the service location of the educational placement, or the provision of FAPE to the child; or

(b) Refuses to initiate or change the identification, evaluation, educational placement, including the service location of the educational placement, or the provision of FAPE to the child.

3032.2 Prior written notice shall include the following:

(a) A description of the action the LEA is proposing or refusing to take;

(b) An explanation of why the LEA proposes or refuses to take the action;

(c) A description of each evaluation procedure, assessment, record, or report the LEA used as a basis for the proposed or refused action;

(d) A statement that the parent of a child with a disability has protection under the procedural safeguards of IDEA and this chapter and, if this notice is not an initial referral for evaluation, the means by which a copy of a description of the procedural safeguards can be obtained;

(e) Sources for the parent to contact to obtain assistance in understanding the provisions of IDEA and this chapter, including:

(1) Parent Training and Information Center established pursuant to Section 671 of IDEA (20 U.S.C. § 1471);

(2) Office of the Ombudsman for Public Education (D.C. Official Code § 38-351 et seq.); and

(3) Office of the Student Advocate (D.C. Official Code § 38-371 et seq.);

(f) A description of other options that the IEP Team considered and the reasons why those options were rejected; and

(g) If applicable, a description of other factors relevant to the LEA’s proposal or refusal.

3032.3 Prior written notice shall be:

(a) Written in language understandable to the general public;

(b) Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so; and

(c) If the native language or other mode of communication of the parent is not a written language, the LEA shall take steps to ensure all of the following:

(1) The notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication;

(2) The parent understands the content of the notice; and

(3) There is written evidence that the requirements of this subsection have been met.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3032

5-A DCMR § 3033 PROCEDURAL SAFEGUARDS

3033.1 Each LEA shall establish, maintain, and implement procedural safeguards that meet the requirements of IDEA and this chapter, or adopt the procedural safeguards established by the State.

3033.2 The LEA shall provide a copy of the procedural safeguards notice to the parent of a child with a disability:

(a) At least one (1) time per school year; and

(b) In a manner that meets the requirements of Section 3032.3.

3033.3 The procedural safeguards notice shall include a full explanation of all of the procedural safeguards available under IDEA and this chapter relating to:

(a) Independent educational evaluations;

(b) Prior written notice;

(d) Access to education records;

(e) Opportunity to present and resolve complaints through the due process complaint and state complaint procedures, including:

(1) The time period in which to file a complaint;

(2) The opportunity for the agency to resolve the complaint; and

(3) The difference between the due process complaint and the state complaint procedures, including the jurisdiction of each procedure, what issues may be raised, filing and decisional timelines, and relevant procedures;

(f) The availability of mediation;

(g) The child’s placement during the pendency of any due process complaint;

(h) Procedures for children who are subject to placement in an interim alternative educational setting;

(i) Requirements for unilateral placement by parents of children in private schools at public expense;

(j) Hearings on due process complaints, including requirements for disclosure of evaluation results and recommendations;

(k) State-level appeals, if applicable;

(l) Civil actions, including the time period in which to file those actions;

(m) Attorney fees; and

(n) Expert fees, consistent with Section 3054.

3033.4 The LEA shall also provide a copy of the procedural safeguard notice to the parent under each of the following circumstances:

(a) Upon receipt of initial referral or parent request for evaluation;

(b) Upon receipt of the first complaint and upon receipt of the first due process complaint in a school year;

(d) Upon request by a parent.

3033.5 The LEA may place a current copy of the procedural safeguards notice on its website.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3033

5-A DCMR § 3034 EDUCATIONAL SURROGATE PARENT

3034.1 The LEA shall ensure the rights of a child with a suspected or identified disability are protected by requesting that the SEA appoint an educational surrogate parent in any of the following situations:

(a) A parent, as defined in this chapter, cannot be identified;

(b) The LEA, after documented reasonable efforts, cannot determine the location of a parent;

(c) The child with a suspected or identified disability is in the custody of the District of Columbia Child and Family Services Agency and may need an educational surrogate parent; or

(d) The child is an unaccompanied homeless youth as defined in Section 725(6) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. § 11434a(6).

3034.2 The LEA shall notify the SEA of any child who may be in need of an educational surrogate parent in a timely manner.

3034.3 Upon receiving notice, the SEA is responsible for determining whether a child needs an educational surrogate parent, and for assigning an educational surrogate parent. If the child is in the custody of the District of Columbia Child and Family Services Agency (CFSA), the surrogate parent alternatively may be appointed by the judge overseeing the child’s case.

3034.4 The SEA shall make reasonable efforts to assign an educational surrogate parent no later than thirty (30) calendar days after a determination that the child needs an educational surrogate parent.

3034.5 An educational surrogate parent assigned by the SEA shall meet all of the following requirements:

(a) The educational surrogate parent shall have the knowledge and skills necessary for adequate representation of the child and shall attend at least one (1) SEA-required training;

(b) The educational surrogate parent shall not be employed by the SEA, LEA, or any other public or private agency organization that is involved in the education or care of the child; and

(c) The educational surrogate parent shall have no personal or professional interest that conflicts with the interest of the child represented, including serving as the child’s guardian ad litem in a court proceeding.

3034.6 The educational surrogate parent has the authority to make decisions regarding the child in all matters relating to:

(a) The identification, evaluation, and educational placement of the child; and

(b) The provision of FAPE to the child.

3034.7 If a child is an unaccompanied homeless youth, the SEA may, in its discretion, temporarily appoint appropriate staff of emergency shelters, transitional shelters, independent living programs, and street outreach programs without regard to other requirements of this section, until the SEA may appoint an educational surrogate parent who meets all of the requirements of this section.

3034.8 An educational surrogate parent appointed by a judge overseeing the case of a child in the custody of the CFSA shall be recognized by the SEA and the LEA provided that the individual is identified as an educational surrogate parent under IDEA or that the responsibility and authority granted to the individual specifically includes the authority to make decisions regarding special education or rights under IDEA.

3034.9 Unless a court order specifies otherwise, an educational surrogate parent appointed by a judge has authority to make decisions regarding the child in all matters relating to the identification, evaluation, educational placement, and the provision of FAPE to the child.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3034

5-A DCMR § 3035 TRANSFER OF RIGHTS: GENERAL PROVISIONS AND SUPPORTED DECISION-MAKING

3035.1 In accordance with D.C. Official Code § 46–101 and IDEA, a child with a disability (or student) who has reached the age of eighteen (18) shall be presumed to be competent, and all rights under IDEA and local law governing the delivery of special education and related services shall transfer to the student, unless one (1) of the exceptions in Section 3036.1 is met.

3035.2 Any student who has reached eighteen (18) years of age and to whom all rights afforded parents under IDEA have transferred may voluntarily choose to receive support from his or her parents, family members, or other willing adults to aid the student with educational decision-making. The student’s decisional choice shall prevail any time that a disagreement exists between the student and the other adult providing support in this manner and the student may withdraw his or her decision to receive support at any time.

3035.3 Supported decision-making arrangements shall be documented in writing and include the name, contact information, relationship to the student, and the extent to which the student grants the identified adult access to his or her education records pursuant to District and federal law. The student may change this arrangement, revoke access, or both, to education records at any time.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3035

5-A DCMR § 3036 TRANSFER OF RIGHTS: EXCEPTIONS

3036.1 In accordance with D.C. Official Code § 46–101 and the IDEA, all rights accorded to parents under IDEA and local law governing the delivery of special education and related services shall transfer to the child with a disability at the age of eighteen (18), unless one (1) of the following exceptions is met:

(a) The student is declared a legally incapacitated individual, as defined in this chapter, by a court of competent jurisdiction and a legal guardian or representative has been appointed by the court to make decisions for the student, including educational decisions.

(b) The student has designated by power of attorney or similar legal document another adult to be the student’s agent to:

(1) Make educational decisions;

(2) Receive notices; and

(3) Participate in meetings and all other procedures related to the student’s educational program.

(c) The student has been determined, in accordance with Section 3036.8, to not have the ability to provide informed consent regarding educational decisions and another adult has been appointed by the SEA to represent the educational interests of the student.

3036.2 An adult student who has executed a power of attorney or similar legal document transferring his or her right to make educational decisions to another to be his or her agent in accordance with Section 3036.1(b) may terminate the power of attorney at any time and assume the right to make decisions regarding his or her education. An LEA or responsible public agency shall keep a copy of any written power of attorney in the student’s special education record and shall rely on it until the power of attorney has been revoked by the student in writing or the power of attorney has been superseded by a court order.

3036.3 The SEA shall appoint an educational representative for a student who has reached the age of eighteen (18) only after the following documents have been submitted:

(a) A written request for the appointment of an educational representative signed by the parent, legal guardian, or other interested adult, and made on a SEA-issued form available on the SEA website or, upon request, in hard copy; and

(b) Two (2) signed professional certifications that meet all of the requirements of this section.

3036.4 Appointment of an educational representative should be sought only where necessary and where supported decision-making is not appropriate.

3036.5 The SEA will provide written confirmation that all submission requirements have been met and, absent extenuating circumstances, will appoint an educational representative within ten (10) business days of the SEA’s receipt of a complete written request with all required information and certifications. A written request shall not be considered complete unless all requested information has been provided in the required manner.

3036.6 The professional certifications shall be completed by two (2) different licensed professionals, one (1) meeting the requirements of (a) and one (1) meeting the requirements of (b):

(a) A licensed professional who is any of the following:

(1) Licensed medical doctor;

(2) Physician assistant, if authorized by a supervising licensed medical doctor; or

(3) Certified nurse practitioner; and

(b) A licensed professional who is any of the following:

(1) Licensed medical doctor;

(2) Licensed psychiatrist;

(3) Clinical psychologist; or

(4) Licensed independent clinical social worker.

3036.7 The professional certifications shall meet the following requirements:

(a) The professional has conducted a personal examination of or interview with the student within one (1) calendar year of the certification;

(b) Based on the professional’s knowledge and expertise and upon clear evidence, the professional determined that the student is unable to provide informed consent regarding educational decisions as described in this section provided, however, that a finding that the student is unable to make educational decisions shall not be based solely on the fact that the student has been voluntarily or involuntarily hospitalized for a mental illness or has a diagnosis of an intellectual disability;

(c) The professional has informed the student of the determination in writing, and verbally or in the manner of communication with which the student is most comfortable; and

(d) Confirmation that the professional is not employed by the LEA or responsible public agency currently serving the student and does not have a personal conflict of interest with the student or the adult seeking appointment as the student’s educational representative. A personal conflict of interest includes, without limitation, being related by blood or marriage to the student or adult seeking appointment as the educational representative.

3036.8 A student shall be deemed unable to provide informed consent regarding educational decisions if two (2) qualified professionals each independently determine at least one (1) of the following:

(a) The student is unable to understand, on a continuing or consistent basis, the nature, extent, and probable consequences of an educational decision or proposed educational program;

(b) The student is unable to evaluate the benefits or disadvantages of an educational decision or a proposed educational program as compared with alternative options on a continuing or consistent basis; or

(c) The student is unable to communicate understanding verbally, in writing, or in the mode of communication used by the student to communicate his or her decisions, an understanding of or an evaluation of the benefits or disadvantages of an educational decision or proposed educational program.

3036.9 Professional certifications may be submitted as early as ninety (90) calendar days prior to the student’s eighteenth birthday but shall not be reviewed by the SEA until all documentation requirements have been met, and shall not take effect prior to the student’s eighteenth birthday.

3036.10 Upon confirming receipt of the required professional certifications, the SEA shall appoint the parent of the student to act as the student’s educational representative. For a student who has already reached the age of eighteen (18), parent means the individual who acted as the parent for purposes of special education before the student reached age eighteen (18). If the parent is unavailable or does not wish to serve as the student’s educational representative, the SEA, with notice to the parent or legal guardian seeking the certification, shall appoint another adult relative willing to act as the student’s educational representative. If no adult relative is available to serve as the student’s educational representative, the SEA, with notice to the parent or legal guardian seeking the certification, shall appoint a person trained as an educational surrogate parent to serve as the student’s educational representative.

3036.11 The term of appointment for an educational representative shall expire when the student is no longer eligible for special education services, or graduates with a regular high school diploma, whichever occurs first.

3036.12 A determination that a student is unable to provide informed consent for educational purposes shall not be construed as a finding of incompetence or incapacity for any other purpose or as relevant or precedential evidence in any future court or legal action seeking to remove decision-making authority for the student.

3036.13 The SEA shall provide notice of the appointment to the educational representative, parent, student, and LEA or responsible public agency. The notice shall include the steps a student may take to challenge the appointment of an educational representative and shall direct the student’s LEA or responsible public agency to deliver a hard copy of the appointment to the student and to inform the student of the appointment verbally, or in the manner of communication with which the student is most comfortable.

3036.14 The student may challenge the certification of the student as unable to provide informed consent for educational purposes or appointment of an educational representative in accordance with this section at any time, in accordance with the following requirements:

(a) A challenge made under this section shall be made in writing to the SEA, except that the SEA shall assist a student who is unable to provide a written challenge to document a verbal challenge in writing and may refer the student to a community organization for assistance; and

(b) The SEA shall notify the student, the responsible LEA or public agency, any current appointed educational representative, and the person who submitted the request for the appointment of an educational representative (if different), of any such challenge in writing no later than two (2) business days from the receipt of the challenge.

3036.15 If the certification of a student is challenged by the student, the existing certification is invalidated, and all educational rights transfer back to the student.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3036

5-A DCMR § 3037 TRANSFER OF RIGHTS: NOTICE

3037.1 No later than one (1) year before a child with a disability reaches eighteen (18) years of age, the LEA or responsible public agency shall notify the parent and child with a disability, in writing, that adult students with disabilities are presumed competent, and that all rights under IDEA will transfer to the child with a disability when he or she reaches eighteen (18) years of age, unless the child with a disability or parent pursues one (1) of the exceptions described in Section 3036.1. The notice shall also describe the supported decision-making provisions of Section 3036 and the necessary procedures to pursue the exceptions described in Section 3036 related to educational decisions.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3037

5-A DCMR § 3038 INDEPENDENT EDUCATIONAL EVALUATIONS

3038.1 The LEA shall provide to the parent, upon request for an independent educational evaluation, information about where an independent educational evaluation may be obtained and the LEA criteria applicable for independent educational evaluations, as follows:

(a) If an independent educational evaluation is at public expense, the criteria under which the evaluation is obtained, including the location of the evaluation and the qualifications of the examiner, shall be the same as the criteria that the LEA uses when it initiates an evaluation, to the extent those criteria are consistent with the parent’s right to an independent educational evaluation; and

(b) Except for the criteria described in this section, the LEA may not impose conditions or timelines related to obtaining an independent educational evaluation at public expense.

3038.2 A parent has the right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the LEA, subject to the following conditions:

(a) If the parent requests an independent educational evaluation at public expense, the LEA shall, without unnecessary delay, either:

(1) File a due process complaint to request a hearing to show that its evaluation is appropriate; or

(2) Ensure that an independent educational evaluation is provided at public expense, unless the LEA demonstrates in a hearing in accordance with IDEA and this chapter that the evaluation obtained by the parent did not meet the LEA’s criteria;

(b) If the LEA files a due process complaint notice to request a hearing and the final decision is that the LEA’s evaluation is appropriate, the parent maintains the right to an independent educational evaluation, but not at public expense; and

(c) If the parent requests an independent educational evaluation, the LEA may request the parent’s reason for objecting to the LEA’s evaluation, but may not require the parent to provide an explanation and may not unreasonably delay either providing the independent educational evaluation at public expense or filing a due process complaint to request a due process hearing to defend the public evaluation.

3038.3 A parent is entitled to one (1) independent educational evaluation at public expense each time the LEA conducts an evaluation with which the parent disagrees.

3038.4 If the parent obtains an independent educational evaluation at public expense or shares with the LEA an evaluation obtained at private expense, the results of the evaluation:

(a) Shall be considered by the LEA, if the evaluation meets LEA criteria, in any decision made with respect to the provision of FAPE to the child; and

(b) May be presented by any party as evidence at a hearing for a due process complaint under this chapter.

3038.5 If an impartial hearing officer requests an independent educational evaluation as part of a hearing regarding a due process complaint, the cost of the evaluation shall be at public expense.

3038.6 Except where the requesting party can demonstrate unique circumstances justifying the payment of costs exceeding the established maximum rates or amounts, the LEA may use the maximum hourly rates and maximum evaluation costs set pursuant to 5-A DCMR § 2800 et. seq., as the maximum hourly rates and maximum evaluation costs to be paid by the LEA for the independent evaluations and services.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3038

5-A DCMR § 3039 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

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.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3039

5-A DCMR § 3040 PARENTALLY-PLACED PRIVATE SCHOOL CHILDREN WHEN FAPE IS NOT AT ISSUE

3040.1 DCPS is responsible for child find activities that are:

(a) Designed to ensure the equitable participation of parentally-placed private school children; and

(b) Similar to and implemented in a comparable timeframe as those activities undertaken for the population of children enrolled in DCPS.

3040.2 DCPS shall provide necessary materials and guidance to private schools to enable private school representatives to facilitate the referral process by providing sufficient information, documentation, and support to parents and other referral sources that can refer parentally-placed private school children for evaluation.

3040.3 To ensure timely and meaningful consultation, DCPS shall consult with private school representatives and representatives of parents of parentally-placed private school children with disabilities on all of the following:

(a) The child find process, including:

(1) How parentally-placed private school children suspected of having a disability can participate equitably; and

(2) How parents, teachers, and private school officials will be informed of the process;

(b) The determination of the proportionate share of funds available to serve parentally-placed private school children with disabilities, including how the proportionate share of those funds was calculated;

(c) The consultation process among DCPS, private school officials, and representatives of parents of parentally-placed private school children with disabilities, including how the process will operate throughout the school year to ensure that parentally-placed children with disabilities identified through the child find process can meaningfully participate in special education and related services;

(d) How, where, and by whom special education and related services will be provided for parentally-placed private school children with disabilities, including a discussion of all of the following:

(1) The types of services, including direct services and alternate service delivery mechanisms;

(2) How special education and related services will be apportioned if funds are insufficient to serve all parentally-placed private school children; and

(3) How and when those decisions will be made; and

(e) How, if DCPS disagrees with the views of the private school officials on the types of services or provision of services, DCPS will provide the private school officials with a written explanation of the reasons why DCPS chose not to provide services directly or through a contract.

3040.4 When timely and meaningful consultation has occurred, DCPS shall obtain a written affirmation signed by the representatives of participating private schools.

(a) Written affirmation shall be provided within a reasonable period of time; and

(b) If the representatives do not provide the affirmation within a reasonable period of time, DCPS shall forward the documentation of the consultation process to the SEA.

3040.5 DCPS is responsible for conducting timely evaluations, reevaluations, and eligibility determinations for resident and nonresident parentally-placed children attending private schools located in the District of Columbia, in accordance with all of the following:

(a) DCPS shall seek parental consent for initial evaluations and reevaluations;

(b) If the parent of a parentally-placed private school child declines to consent to an initial evaluation or reevaluation, or the parent fails to respond to a request to provide consent, DCPS may not use the consent override procedures to seek to conduct the evaluation;

(c) When parental consent is provided, DCPS shall conduct initial evaluations and determine eligibility within the State-mandated timeline;

(d) DCPS is responsible for conducting evaluations at least once every three (3) years to determine continued eligibility for equitable services, or when:

(1) DCPS determines that the child’s educational or related service needs, in light of the child’s academic achievement and functional performance, warrant a new evaluation; and

(2) The child’s parent or teacher requests an evaluation; and

(e) Parents of parentally-placed private school children who disagree with the findings of an evaluation may request an independent educational evaluation from DCPS.

3040.6 Following an initial determination of eligibility and upon any subsequent determination of eligibility, DCPS shall do all of the following:

(a) Provide written notice to the parent of a resident child that DCPS will make FAPE available to the child if the child enrolls in a DCPS public school; and

(b) Advise the parent of a nonresident child to contact their resident LEA if they are interested in enrolling the child in a public school to receive FAPE as follows:

(1) DCPS shall obtain parental consent prior to releasing evaluation and eligibility determination information or other personally identifiable information to the child’s resident LEA; and

(2) DCPS is not required to obtain parental consent prior to releasing if the parent seeks enrollment in the child’s resident LEA and the resident LEA requests records.

3040.7 No parentally-placed private school child with a disability has an individual right to receive some or all of the special education and related services that the child would be eligible for if enrolled in a public school.

3040.8 For a parentally-placed private school child with a disability determined eligible for equitable services, DCPS shall do all of the following:

(a) Initiate and conduct meetings to develop, review, and revise a services plan for the child;

(b) Ensure that a representative of the private school attends each meeting. If the representative cannot attend, DCPS shall use other methods to ensure participation by the private school, including individual or conference telephone calls; and

3040.9 Equitable services shall be provided by DCPS through its employees or through contract with an individual, association, agency, organization, or other entity.

3040.10 Equitable services personnel shall meet the same standards as personnel providing services in public schools, except that private elementary school and secondary school teachers who are providing equitable services to parentally-placed private school children with disabilities are not required to meet highly qualified special education teacher requirements.

3040.11 Equitable services shall be provided:

(a) In accordance with a services plan developed and implemented to meet the individualized needs of the child; and

(b) In a secular, neutral, and non-ideological manner, extending to the materials provided.

3040.12 Services to parentally-placed private school children with disabilities may be provided on the premises of private, including religious, schools to the extent consistent with law.

3040.13 DCPS is not required to provide transportation between the child’s home and the private school. However, if necessary for the parentally-placed private school child to benefit from or participate in services, DCPS shall offer:

(a) To provide the child with transportation from the child’s private school or the child’s home to a site other than the private school; or

(b) To provide the child with transportation from the service site to the private school or from the service site to the child’s home, depending on the timing of services.

3040.14 The decision of a parent of a parentally-placed private school child receiving equitable services to decline, in writing, DCPS-provided transportation and make alternative arrangements relieves DCPS of the obligation to provide transportation, until such time as the parent provides two (2) weeks written advance notice that DCPS-provided transportation is needed.

3040.15 DCPS may place equipment and supplies in a private school;

(a) For such period of time needed to meet the equitable participation requirements of IDEA;

(b) Only for purposes in accordance with IDEA; and

3040.16 Expenditures related to parentally-placed private school children shall adhere to the following:

(a) DCPS shall spend the following on providing equitable services to parentally-placed private school children with disabilities:

(1) For children between three (3) and twenty-two (22) years of age, an amount that is the same proportion of DCPS’s total subgrant under IDEA as the number of private school children with disabilities between three (3) and twenty-two (22) years of age who are enrolled by their parent in private, including religious, elementary schools and secondary schools located in the District of Columbia, is to the total number of children with disabilities in the District of Columbia between three (3) and twenty-two (22) years of age; and

(2) For children between three (3) and five (5) years of age, an amount that is the same proportion of DCPS’s total subgrant under IDEA as the number of parentally-placed private school children with disabilities between three (3) and five (5) years of age who are enrolled by their parent in a private, including religious, elementary school located in the District of Columbia, is to the total number of children with disabilities in the District of Columbia between three (3) and five (5) years of age;

(b) If DCPS has not expended for equitable services all of the funds described in this section by the end of the fiscal year for which the funds were appropriated, DCPS shall obligate the remaining funds for equitable services to parentally-placed private school children with disabilities during a carry-over period of one (1) additional year;

(c) State and local funds can supplement and in no case supplant the proportionate amount of Federal funds required to be expended for parentally-placed private school children with disabilities;

(d) DCPS may use funds under IDEA to make public school personnel available in private school facilities, if necessary, to provide equitable services for private school children with disabilities if those services are not normally provided by the private school;

(e) DCPS may use funds under IDEA to pay for the services of an employee of a private school to provide services to private school children if the employee performs the services outside of his or her regular hours of duty and under public supervision and control; and

(f) DCPS may not use funds under IDEA for repairs, minor remodeling, or construction of private school facilities.

3040.17 On an annual basis, DCPS shall:

(a) Determine the number of parentally-placed private school children with disabilities attending private schools located in the District of Columbia;

(b) Ensure that the count is conducted annually on October 5 or the date set by the SEA for the annual pupil count required by D.C. Official Code § 38-2906;

(c) Use the count to determine the amount that DCPS shall spend on providing equitable services to parentally-placed private school children with disabilities in the next fiscal year; and

(d) Report the following count data to the SEA:

(1) The list of private schools contacted;

(2) The number of referrals received from private schools and the number of referrals from parents of parentally-placed private school children;

(3) The number of children evaluated;

(4) The number of children determined to be eligible for services under IDEA; and

(5) The number of children served.

3040.18 A private school official has the right to submit a complaint to the SEA alleging that DCPS did not engage in consultation that was meaningful and timely, or did not give due consideration to the views of the private school official. If the private school official wishes to submit a complaint, the following shall apply:

(a) The official shall provide to the SEA the basis of the alleged noncompliance by DCPS with the applicable private school provisions of IDEA and shall forward the appropriate documentation to the SEA; and

(b) If the private school official is dissatisfied with the decision of the SEA, the official may submit a complaint to the Secretary of Education by providing the information described in this subsection and forwarding the appropriate documentation to the Secretary.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3040

5-A DCMR § 3041 PARENT OBSERVATION

3041.1 Upon request, the LEA shall provide timely classroom access, either together or separately, to the following persons for the purpose of observing a child’s current or proposed special educational program:

(a) The parent of a child with a disability;

(b) A designee appointed by the parent of a child with a disability, that is neither representing the parent’s child in litigation related to the provision of free and appropriate public education for that child nor has a financial interest in the outcome of such litigation, and:

(1) Who has professional expertise in the area of special education being observed so long as the LEA has written consent of the parent on file prior to the parent’s designee’s observation of a child; or

(2) Who is necessary to facilitate an observation for a parent with a disability or to provide language translation assistance to a parent.

3041.2 The LEA shall develop and issue a written policy regarding child observation as follows:

(a) The LEA shall not impose any conditions or restrictions on such observations except those necessary to ensure that:

(1) The safety of the children in a program is maintained;

(2) The confidentiality of the other children in the program is protected by prohibiting observers from disclosing confidential and personally identifiable information in the event such information is obtained in the course of an observation by the parent or a designee; and

(3) Any potential disruption to the learning environment arising from multiple observations occurring in a classroom simultaneously is avoided;

(b) The LEA policy may require advance notice of parent observation;

(d) The LEA shall make its written policy regarding child observation publicly available.

3041.3 The time allowed for observation by the parent or the parent’s designee shall be of sufficient duration to enable the parent or designee to evaluate a child’s performance in a current program or the ability of a proposed program to support the child.

3041.4 The parent, or the parent’s designee, shall be allowed to view the child’s instruction in the setting where it ordinarily occurs or the setting where the child’s instruction will occur if the child were to attend the proposed program.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3041

5-A DCMR § 3042 CHILD COUNT

3042.1 DCPS and all public charter schools shall count the number of children with disabilities receiving special education and related services in the manner specified by the SEA annually on October 5 or the date set for the annual pupil count required by D.C. Official Code § 38-2906.

3042.2 Except as provided by Section 3042.1, each LEA shall report the count to the SEA each year and provide the information required by Section 618 of IDEA and its implementing regulations (34 C.F.R. §§ 300.640 through 300.644), in accordance with the timeline specified by the SEA, and shall certify to the SEA that an unduplicated and accurate count has been made.

3042.3 If a public charter school has been granted a waiver from the requirement to serve as its own LEA for purposes of IDEA, pursuant to D.C. Official Code § 38-1802.10(c), and for which DCPS serves as its LEA for special education purposes, the public charter school shall report the count and certification to DCPS.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3042

5-A DCMR § 3043 DISCIPLINARY REMOVAL

3043.1 A child with a disability may be held to and disciplined under the same code of student conduct as a child without a disability, subject to the requirements of this section and District law.

3043.2 An LEA may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, provided that:

(a) A child with a disability shall only be removed from their current placement to the extent those removals are applied to children without disabilities; and

(b) The removal does not constitute a change in placement.

3043.3 A change of placement occurs if the removal is for more than ten (10) consecutive school days or the child has been subjected to a series of removals that constitute a pattern. A pattern of removals occurs if:

(a) The series of removals total more than ten (10) school days in a school year;

(b) The child's behavior is substantially similar to the child’s behavior in previous incidents that resulted in the series of removals; and

(c) There are additional factors, including the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another, that indicate a pattern.

3043.4 The LEA shall determine on a case-by-case basis whether a pattern of removal constitutes a change in placement and shall document each such determination.

3043.5 An LEA shall only remove a child from their current placement to an interim alternative educational setting as a result of a disciplinary action in accordance with this chapter.

3043.6 For disciplinary changes in placement that exceed ten (10) consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability in accordance with this chapter, the LEA may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities.

3043.7 After a child with a disability has been removed from his or her current placement for ten (10) cumulative school days in the same school year, regardless of whether the behavior was a manifestation of the child’s disability, the LEA shall provide services during any subsequent days of removal. The child shall receive:

(a) Educational services, so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child's IEP; and

(b) As appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.

3043.8 During periods of removal, the LEA shall provide services to a child with a disability if the child has been removed from his or her current placement for ten (10) school days or fewer in that school year, if it provides services to a child without disabilities who is similarly removed.

3043.9 The LEA may remove a child to an interim alternative educational setting for not more than forty-five (45) school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child:

(a) Carries a weapon, as defined by 34 C.F.R. § 300.530(i)(4), to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of the SEA or an LEA;

(b) Knowingly possesses or uses illegal drugs, as defined by 34 C.F.R. § 300.530(i)(2), or sells or solicits the sale of a controlled substance, as defined by 34 C.F.R. § 300.530(i)(3), while at school, on school premises, or at a school function under the jurisdiction of the SEA or an LEA; or

(c) Has inflicted serious bodily injury, as defined by 34 C.F.R. § 300.530(i)(3), upon another person while at school, on school premises, or at a school function under the jurisdiction of the SEA or an LEA.

3043.10 The LEA shall notify the parent of the decision to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, as follows:

(a) Written notification to the parent shall be provided within one (1) day of the decision; and

(b) The notification shall include a copy of the procedural safeguards notice.

3043.11 Within ten (10) school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child's IEP Team shall hold a manifestation determination meeting to review all relevant information in the child's file, including the child’s IEP, teacher observations, and relevant information provided by the parents, to determine if the conduct in question was a manifestation of the child’s disability in accordance with either of the following:

(a) The conduct in question was caused by, or had a direct and substantial relationship to, the child's disability; or

(b) The conduct in question was the direct result of the LEA's failure to implement the IEP.

3043.12 If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child's disability, the IEP Team shall:

(a) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred;

(b) Implement a behavioral intervention plan for the child or, if a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it as necessary to address the behavior; and

(c) Return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3043

5-A DCMR § 3044 RESTRAINT

3044.1 The LEA shall not use any form of mechanical restraints, as defined in this chapter.

3044.2 The LEA shall not use any form of prone restraints, as defined in this chapter.

3044.3 The LEA shall not use any form of chemical restraints. A drug ordered by a licensed physician as part of an ongoing medical treatment plan or determined by a licensed physician to be medically necessary is not considered a chemical restraint.

3044.4 The LEA shall not use any form of physical restraints, as defined in this chapter, except when the intervention is necessary in emergency circumstances, as defined in this chapter, to protect the child or other person from imminent, serious physical harm and other less intrusive, nonphysical interventions have failed or been determined inappropriate.

3044.5 Physical restraints shall be applied only by LEA personnel who are trained and certified in the appropriate use of specific, evidence-based techniques. The LEA shall maintain copies of training certifications.

3044.6 The use of physical restraints in cases of an emergency shall be limited to the use of the least amount of force necessary and to the shortest time period necessary to protect the child or other person from imminent, serious physical harm, as follows:

(a) The restraint shall end as soon as the child or other person is no longer in imminent danger;

(b) LEA personnel shall provide the child with an explanation of the behavior that resulted in the restraint and instructions on the behavior required to be released from the restraint; and

(c) An LEA staff member shall personally observe the child during the entire duration of the use of the restraint in order to assess the need for continued restraint.

3044.7 The LEA shall not use restraints as a means of coercion, discipline, convenience, or retaliation by staff.

3044.8 Physical restraint is prohibited as a means of punishment or as a response to property destruction, disruption of school order, a child’s refusal to comply with a directive, or language that does not constitute a threat of imminent, serious physical harm.

3044.9 The use of restraints is limited or prohibited as follows:

(a) No physical restraint shall be administered in such a way that the child’s breathing or speaking is restricted. During the restraint, an LEA staff member shall continuously monitor the physical status of the child, including skin color and respiration. The restraint shall be released immediately upon a determination by the LEA staff member that the child or other person is no longer at risk of causing imminent, serious physical harm. A staff member shall continuously assess the child to determine if medical attention is required;

(b) If the child uses sign language or an augmentative mode of primary communication, the child shall be permitted to have the child’s hands free of restraint for brief periods, unless the LEA staff member determines that such freedom appears likely to result in harm to self or others. The restraint shall end as soon as the child is no longer at risk of causing imminent, serious physical harm; and

(c) No physical restraint shall be administered if the child has a medical or psychological condition contraindicative to restraint.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3044

5-A DCMR § 3045 SECLUSION

3045.1 The LEA shall not use any form of seclusion except in emergency circumstances, as defined in this chapter.

3045.2 A space used for seclusion shall:

(a) Be free of objects and fixtures with which a child could self-inflict bodily harm;

(b) Provide LEA personnel an adequate view of the child from an adjacent area in accordance with this section; and

3045.3 In the event of seclusion, LEA personnel shall view a child placed in seclusion at all times by remaining within sight of the child, consistent with Section 3045.5, and shall provide the child with an explanation of the behavior that resulted in the seclusion and instructions on the behavior required to be released from the seclusion.

3045.4 Seclusion shall only be applied by LEA personnel who are trained in the proper use of appropriate techniques supported by written policies and procedures established by the LEA and consistent with regulations and guidance issued by the SEA.

3045.5 LEA personnel shall continuously monitor a child placed in seclusion and speak with the child every ten (10) minutes at minimum. After thirty (30) minutes, the Director, Head of Special Education, or other senior LEA personnel shall personally observe the child to assess the need for continued seclusion. No seclusion shall continue longer than one (1) hour.

3045.6 If the space used for seclusion has a locking mechanism, it shall only be engaged when it is held in position by a person, or if electronically engaged, shall automatically release if the building’s fire alarm system is activated.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3045

5-A DCMR § 3046 RESTRAINT AND SECLUSION: REPORTING

3046.1 If any form of restraint or seclusion is used, the LEA shall prepare a written report consistent with the requirements of this section.

3046.2 A written incident report shall include the following information:

(a) The child’s name;

(b) The date of the incident;

(d) A description of relevant events leading up to the restraint or seclusion;

(e) A description of any interventions used prior to the implementation of restraint or seclusion;

(f) A log of events during the restraint, including the restraint technique(s) used;

(g) A log of events during the seclusion;

(h) A description of any injuries (whether to children, personnel, or others), property damage, or both;

(i) A list and signatures of the LEA personnel who participated in the implementation, monitoring, and supervision of the restraint or seclusion event; and

(j) A description of the short-term planned approach to addressing the child’s behavior in the future.

3046.3 The written incident report shall be prepared for each individual incident involving a restraint or seclusion and placed in the child’s record within one (1) business day of the incident.

3046.4 A copy of the written incident report shall be sent within one (1) business day of the incident to the child’s parent.

3046.5 If the restraint or seclusion incident involved physical injury to, or caused by, a child, the LEA shall report the incident in writing within one (1) business day to the parent and other District of Columbia agency involved in the child’s placement, by facsimile or other electronic transmission.

3046.6 The IEP team shall meet within ten (10) school days of the incident to consider the need for a functional behavioral assessment and behavior intervention plan and to discuss non-physical and non-restrictive de-escalation strategies. If the child has a BIP in place, the IEP team shall review and revise as appropriate. If the child is unable or unwilling to attend the IEP team meeting, the LEA shall meet with the child individually to discuss the incident as appropriate.

3046.7 If additional incidents of restraint or seclusion occur within ten (10) school days of the original incident, the LEA and parent may agree to consolidate meetings and discuss all incidents at a meeting to be scheduled no later than fifteen (15) school days after the original incident.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3046

5-A DCMR § 3047 MEDIATION

3047.1 The parent of a child with a disability or the public agency may request mediation by a qualified and impartial mediator when there is a dispute about any matter related to the identification, evaluation, eligibility, educational placement, or provision of FAPE to the child.

3047.2 The request for mediation shall be voluntary on the part of the parties.

3047.3 The request for mediation shall be made in writing to the SEA.

3047.4 The request for mediation may not be used to deny or delay the parent’s right to due process in accordance with 20 U.S.C § 1415(f) and this chapter.

3047.5 A mediation session shall be scheduled in a timely manner and shall be held in a location that is convenient to the parties of the dispute.

3047.6 Mediation shall be conducted by a qualified and impartial mediator who is trained in effective mediation techniques and special education law.

3047.7 Discussions that occur during mediation shall be confidential and may not be used as evidence in any concurrent or subsequent due process hearing or civil proceeding.

3047.8 The parties may be required to sign a confidentiality pledge before the commencement of the mediation.

3047.9 An agreement reached by the parties through mediation shall be documented in a written mediation agreement, which shall include the following:

(a) A statement that all discussions that occurred during the mediation process will remain confidential and may not be used as evidence in any subsequent due process hearing or civil proceeding; and

(b) Signatures of both the parent and a representative of the public agency who has the authority to bind such agency.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3047

5-A DCMR § 3048 STATE COMPLAINTS

3048.1 The SEA, through the State Complaint Office (SCO), shall maintain written procedures for the investigation and resolution of any complaint alleging that a public agency has violated a requirement of IDEA or the District’s laws and regulations regarding special education and shall, absent exceptional circumstances with respect to a particular complaint, issue a final written decision within sixty (60) days.

3048.2 Any individual or organization may submit to the SCO a signed, written complaint that alleges that any District of Columbia public agency has violated a requirement of Part B of IDEA or the District’s laws and regulations regarding special education. The complaint must allege a violation that occurred not more than one (1) year prior to the date the complaint is received by the SCO.

3048.3 The SCO shall investigate and resolve complaints that allege the following:

(a) A violation of Part B of IDEA or the District of Columbia’s laws and regulations regarding special education;

(b) A public agency has failed to implement a special education due process hearing officer decision resolving a due process hearing request; or

(c) A failure to implement a settlement agreement (SA) resolving a due process hearing request, however no such review shall delay or deny a party the right to seek enforcement of the settlement agreement in a court of competent jurisdiction.

3048.4 If the SCO receives a written complaint that is also the subject of a due process hearing under Section 3053, or contains multiple issues of which one (1) or more are part of that hearing, the SCO shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing, except that:

(a) Any issue in the complaint that is not a part of the due process action shall be resolved using the time limit and procedures described in the SEA’s written state complaint procedures; and

(b) If an issue raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties:

(1) The due process hearing decision is binding on that issue; and

(2) The SEA shall inform the complainant to that effect.

3048.5 The complainant and public agency may agree to extend the sixty (60) day investigation timeline to engage in mediation.

3048.6 The letter of decision issued by the SCO after completing an investigation is final and unappealable to the SEA. However, if an issue is still in dispute, the parent or public agency may, to the extent permitted under IDEA, request mediation under Section 3047 or file a due process complaint under Section 3053.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3048

5-A DCMR § 3049 IMPARTIAL DUE PROCESS

3049.1 A parent of a child with a disability or a public agency, including an LEA, has the right to initiate a due process hearing when there is a dispute about any matter related to the identification, evaluation, eligibility, educational placement, or provision of FAPE to the child.

3049.2 A request by a parent to initiate a due process hearing shall be made in writing and include:

(a) The name of the child;

(b) The address of the residence of the child;

(d) The address of the parent initiating the hearing;

(e) The name of the LEA in which the child is enrolled and the name of the LEA or public agency against which the complaint is being filed, if different;

(f) The name of the school the child is attending;

(g) The name of the school against which the complaint is being filed;

(h) A description of the nature of the dispute, including facts relating to the dispute; and

(i) A proposed resolution to the dispute to the extent known and available to the parent at the time.

3049.3 A request by a public agency or LEA to initiate a due process hearing shall be made in writing and include:

(a) The name of the child;

(b) The address of the residence of the child;

(d) The name of the LEA or public agency initiating the hearing;

(e) The name of the LEA or public agency official filing the request on behalf of the LEA or public agency;

(f) The name of the parent against which the complaint is being filed;

(g) The address of the residence of the parent, if different from (b);

(h) A description of the nature of the dispute, including facts relating to the dispute; and

(i) A proposed resolution to the dispute to the extent known and available to the LEA or public agency at the time.

3049.4 When an impartial due process hearing is requested, the SEA shall inform the parent in writing of the availability of mediation and any free or low cost legal services and other relevant services available. As a part of the five (5) day disclosure submitted before a due process hearing, the submitting attorney shall disclose any financial interest, of which he or she is aware, of any participant in the proceeding in a nonpublic provider or service that may be at issue in that due process hearing.

3049.5 For the purpose of this section, financial interest includes, but is not limited to, any financial arrangement with a nonpublic school or program or private provider including an ownership interest, provision of services at a discount, or contingent payment agreements based on referrals or the outcome of the due process hearing. Financial interest does not include reasonable expert witness fees under District of Columbia law and this chapter.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3049

5-A DCMR § 3050 CHILD’S STATUS DURING PROCEEDINGS

3050.1 The child with a disability shall remain in the child’s current educational placement during the pendency of a due process hearing or judicial proceeding unless the parent and the LEA agree on an alternative placement.

3050.2 If the matter involves an application for initial admission to public school, the child, with the consent of the parent, shall be placed in the public school program until the completion of all proceedings, unless the parent and the LEA agree otherwise.

3050.3 If the impartial hearing officer decision in a due process hearing or in an administrative appeal agrees with the child’s parent that a change of placement is appropriate, that placement shall be treated as an agreement between the parent and the LEA for purposes of Section 3050.1.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3050

5-A DCMR § 3051 HEARING RIGHTS

3051.1 A party to a due process hearing has the right to:

(a) Be accompanied and advised by counsel and by individuals with special knowledge or training with respect to the problems of children with disabilities;

(b) Present evidence and confront, cross-examine, and compel the attendance of witnesses;

(c) Prohibit the introduction of any evidence at the hearing that has not been disclosed to all parties no later than five (5) business days before the hearing;

(d) Obtain a written or, at the option of the parent, electronic verbatim record of the hearing, at no cost to the parent; and

(e) Obtain written or, at the option of the parent, electronic findings of fact and decisions at no cost to the parent.

3051.2 At least five (5) business days prior to a hearing, each party must disclose to all other parties all evaluations completed by that date and recommendations based on the offering party's evaluations that the party intends to use at the hearing.

3051.3 An impartial hearing officer may bar any party that fails to meet the requirements of Section 3051.2 from introducing the relevant evaluation or recommendation at the hearing without the consent of the other party.

3051.4 A parent has the right to have the child who is the subject of the hearing present at the hearing, and may elect to open the hearing to the public.

3051.5 A party aggrieved by the findings and decision of a due process hearing may bring a civil action in any court of competent jurisdiction in accordance with 20 U.S.C. § 1415(i)(2).

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3051

5-A DCMR § 3052 RESOLUTION MEETINGS

3052.1 No later than fifteen (15) calendar days after receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing, the LEA shall convene a resolution meeting with the parent and the relevant members of the IEP Team who have specific knowledge of the facts identified in the due process complaint. The resolution meeting shall meet all of the following standards:

(a) The parent and the LEA shall determine the relevant members of the IEP Team to attend the resolution meeting;

(b) The meeting shall include a LEA representative who has decision-making authority on behalf of the LEA;

(d) The purpose of the meeting shall be for the parent of the child to discuss the due process complaint and the facts that form the basis of the due process complaint, so that the LEA has an opportunity to resolve the due process complaint.

3052.2 The LEA shall not be required to convene a resolution meeting if the parent and the LEA agree in writing to waive the meeting or agree to use the mediation process described in Section 3047.

3052.3 If the LEA fails to hold the resolution meeting specified in this section within fifteen (15) calendar days after receiving notice of the parent’s due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of an impartial hearing officer to begin the due process hearing timeline.

3052.4 Except where the LEA and the parent have jointly agreed to waive the resolution process or to use mediation, when the parent who has filed a due process complaint fails to participate in the resolution meeting, the LEA may request that an impartial hearing officer order a continuance to delay the timelines for the resolution process and due process hearing until the meeting is held, as follows:

(a) Any such request shall include evidence of the LEA’s reasonable efforts, as defined in this chapter, to convene a resolution meeting with the parent;

(b) The LEA’s reasonable efforts shall be documented using the procedures in this chapter; and

(c) The parent shall have an opportunity to respond to the request and related evidence prior to the impartial hearing officer rules on the request.

3052.5 If the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts, as defined in this chapter, have been made and documented, the LEA may, at the conclusion of the thirty (30) calendar-day resolution period, request that an impartial hearing officer dismiss the parent’s due process complaint, as follows:

(a) Any such request shall include evidence of the LEA’s reasonable efforts to convene a resolution meeting with the parent;

(b) The LEA’s reasonable efforts shall be documented using the procedures in this chapter; and

(c) The parent shall have an opportunity to respond to the request and related evidence prior to the hearing officer rules on the request.

3052.6 If a resolution to the dispute is reached at the meeting described in this section, the parent and the LEA shall execute a legally binding agreement that is signed by both the parent and a representative of the LEA who has the authority to bind the LEA, and contains a provision stating that it shall be enforceable in any state court of competent jurisdiction or in a District Court of the United States.

3052.7 If the LEA and the parent execute an agreement pursuant to this section, either party may void such agreement as follows:

(a) The agreement may be voided within three (3) business days after the agreement’s execution; and

(b) The party who voids the agreement shall provide written notice to all other parties to the agreement.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3052

5-A DCMR § 3053 DUE PROCESS HEARINGS AND HEARING OFFICER DETERMINATIONS

3053.1 Except as provided in Section 3052, a forty-five (45) calendar-day hearing period shall begin after the expiration of the thirty (30) calendar-day resolution process period.

3053.2 The forty-five (45) calendar-day timeline for the due process hearing in this section shall start on the calendar day after any of the following events occurs:

(a) The LEA and the parent agree in writing to waive the resolution meeting;

(b) The mediation or resolution meeting starts but, before the end of thirty (30) calendar days, the LEA and the parent agree in writing that no agreement is possible; or

(c) The parent and the LEA agree in writing to continue the mediation at the end of the thirty (30) calendar day resolution period, but the parent or LEA later withdraws from the mediation process.

3053.3 No later than forty-five (45) calendar days after the expiration of the thirty (30) calendar-day resolution period or any adjusted time period described in this section, a final determination shall be reached in the hearing, and a copy of the decision shall be mailed, or transmitted electronically or by facsimile to each party, if all parties to the due process complaint consent to such electronic or facsimile transmission.

3053.4 An impartial hearing officer may, for good cause shown, grant specific extensions of time beyond the periods set forth in this section at the request of either party.

3053.5 The Hearing Officer Determination (HOD) shall be in writing and include all of the following:

(a) The identity of the parties;

(b) The identity of the child, which shall include the child’s name, State-issued unique child identifier, date of birth, and attending LEA and school;

(d) Findings of fact and conclusions of law, separately stated;

(e) The final determination;

(f) What shall be done by each party, where applicable, to carry out the determination including the establishment of timelines for each step or action;

(g) Any appeal rights; and

(h) The hearing officer’s signature, which shall be dated, which may be designated by electronic signature.

3053.6 In special education due process hearings occurring pursuant to this chapter, the party who filed for the due process hearing shall bear the burden of production and the burden of persuasion, except that:

(a) Where there is a dispute about the appropriateness of the child’s IEP or placement, or of the program or placement proposed by the LEA, the LEA shall hold the burden of persuasion on the appropriateness of the existing or proposed program or placement, provided, that the party requesting the due process hearing shall retain the burden of production and shall establish a prima facie case before the burden of persuasion falls on the LEA. The burden of persuasion shall be met by a preponderance of the evidence; and

(b) Where a party seeks tuition reimbursement for unilateral placement, the party seeking reimbursement shall bear the burden of production and the burden of persuasion on the appropriateness of the unilateral placement, provided that:

(1) The impartial hearing officer shall have the authority to bifurcate a hearing regarding a unilateral placement; and

(2) If the impartial hearing officer determines that the program offered by the LEA is appropriate, then the inquiry into the appropriateness of the unilateral placement is not necessary.

3053.7 An HOD resulting from the filing of a due process complaint shall be final upon the parties to the due process complaint, settlement agreement (SA), or both.

3053.8 After deleting personally identifiable information from hearing decisions, the SEA shall transmit the findings and decisions to the State Education Agency Advisory Panel and make the findings and decisions available to the public.

3053.9 If a child with a disability who is the subject of a HOD or SA transfers to a new LEA during the term of the HOD or SA, the new LEA shall cooperate with the LEA bound by the HOD or SA in the implementation of the HOD or SA. The responsibility for implementation of the HOD or SA shall remain at all times with the LEA that was a party to the HOD or SA. In no event shall implementation of the HOD or SA interfere with the new LEA’s ability to make FAPE available to the child.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3053

5-A DCMR § 3054 EXPERT WITNESS FEES

3054.1 In any administrative proceeding brought under IDEA and this chapter, a court may award reasonable expert witness fees as part of the costs to a prevailing party:

(a) Who is the parent of a child with a disability;

(b) That is an LEA or SEA, when the attorney of a parent files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or

(c) That is an LEA or SEA, against the attorney of a parent, or against the parent, if the parent’s complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

3054.2 Expert witness fees awarded under this section shall be based on rates prevailing in the community in which the administrative proceeding arose for the kind and quality of services furnished, provided that the maximum award shall be six thousand dollars ($6,000) per action or proceeding. No bonus or multiplier may be used in calculating the fees awarded under this section.

3054.3 Expert witness fees, otherwise available under this section, shall:

(a) Not be awarded if reimbursement of attorney’s fees and related costs would be prohibited in the proceeding under 20 U.S.C. § 1415(i)(3)(D);

(b) Be subject to reduction if the court makes a finding listed under

20 U.S.C. § 1415(i)(3)(F); and

(c) Not be awarded to compensate the moving party for an independent educational evaluation unless that party would be entitled to compensation for the evaluation under IDEA.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3054

5-A DCMR § 3055 ATTORNEY’S FEES

3055.1 In an action or proceeding under this chapter, courts may award reasonable attorney’s fees as part of the costs to the following:

(a) The parent of a child with a disability who is the prevailing party;

(b) A prevailing party who is a state educational agency or local educational agency against the attorney of a parent who files a complaint or subsequent cause of action that is frivolous, unreasonable, or without foundation, or against the attorney of a parent who continued to litigate after the litigation clearly became frivolous, unreasonable, or without foundation; or

(c) A prevailing state educational agency or local educational agency against the attorney of a parent, or against the parent, if the parent's complaint or subsequent cause of action was presented for any improper purpose, such as to harass, to cause unnecessary delay, or to needlessly increase the cost of litigation.

3055.2 Attorney’s fees shall be considered reasonable if they are at rates consistent with applicable local and federal laws.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3055

5-A DCMR § 3099 DEFINITIONS

3099.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Assessment – The process of collecting data in accordance with Section 3006 of this chapter, to be used by the IEP team to determine a child’s educational needs and eligibility for special education and related services.

Assistive technology device – Any item, piece of equipment, or product system, whether acquired commercially off the shelf, modified, or customized, that is used to increase, maintain, or improve the functional capabilities of a child with a disability. The term does not include a medical device that is surgically implanted or the replacement of such device.

Assistive technology service – Any service that directly assists a child with a disability in the selection, acquisition, or use of an assistive technology device. Assistive technology service includes, without limitation, each of the following:

(a) The evaluation of the needs of a child with a disability, including a functional evaluation of the child in the child’s customary environment;

(b) Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by children with disabilities;

(c) Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing assistive technology devices;

(d) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as those associated with existing education and rehabilitation plans and programs;

(e) Training or technical assistance for a child with a disability or the child’s family; and

(f) Training or technical assistance for professionals (including individuals providing education or rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of a child with a disability.

At no cost – A specially-designed instruction, as defined by 34 C.F.R. § 300.39(b)(3) provided without charge, but does not preclude incidental fees that are normally charged to children without disabilities or their parents as a part of the general education program.

Autism – A disability as defined in Section 3011.

Behavior intervention plan– A written plan that describes:

How an educational setting will be changed to improve the behavioral success of a child;

The teaching that will occur to give the child alternative ways of behaving;

The consequences that will be provided to:

(1) Encourage positive behavior;

(2) Limit inadvertent reward of problem behavior; and

(3) Where appropriate, discourage problem behavior; and

The procedures for ongoing assessment to determine if the BIP is being implemented correctly and if implementation is resulting in benefits for the child.

Business day – Monday through Friday except for federal and District of Columbia holidays.

Child – An individual between three (3) and twenty-two (22) years of age.

Child find – A set of policies, procedures, and public awareness activities designed to locate, identify, and evaluate children who may require special education and related services and the practical method developed and implemented to determine which children with disabilities are currently receiving needed special education and related services.

Child with a disability – In general, a child with autism, deaf-blindness, deafness, developmental delay, emotional disability, hearing impairment, intellectual disability, multiple disabilities, orthopedic impairment, other health impairment, specific learning disability, speech or language impairment, traumatic brain injury, or visual impairment, in accordance with Section 3011; and who, by reason thereof, needs special education and related services.

Consent – Includes:

(a) The parent has been fully informed of all information relevant to the activity for which consent is sought, in the parent’s native language or other mode of communication;

(b) The parent understands and agrees in writing to the carrying out of the activity for which the parent’s consent is sought, and the consent describes that activity and lists the records, if any, that will be released and to whom;

(c) The parent understands that the granting of consent is voluntary on the part of the parent and that it may be revoked at any time;

(d) If a parent revokes consent, that revocation does not negate an action that has occurred after the consent was given and before the consent was revoked; and

(e) If the parent revokes consent in writing for their child’s receipt of special education and related services after the child is initially provided services, the LEA is not required to amend the child’s education records to remove any references to the child’s receipt of services because of the revocation of consent.

Course of study – A description of the coursework necessary to prepare the child for post-school activities developed in accordance with Section 3026 of this chapter.

Day – A calendar day, unless otherwise specified as a school day or business day.

Deaf-blindness – A disability as defined in Section 3011.

Deafness – A disability as defined in Section 3011.

Developmental delay – A disability as defined in Section 3011.

District – The District of Columbia.

DCPS – The District of Columbia Public Schools, established by Section 102 of the District of Columbia Public Schools Agency Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-9; D.C. Official Code § 38-171).

Educational Representative – An adult appointed by the SEA to represent the educational interests of a child with a disability who upon reaching eighteen (18) years of age is determined under this chapter to be unable to provide informed consent for educational purposes.

Educational surrogate parent – An individual who is appointed by the SEA or by judicial order to advocate and make decisions for a child with a disability, or a child suspected of having a disability, in all matters relating to rights under IDEA, during evaluation through possible placement and provision of FAPE, when no parent can be identified or the whereabouts of the parent cannot be determined or if the child is in the custody of the District of Columbia Child and Family Services Agency, as needed.

Emotional disability– A disability as defined in Section 3011.

English learner – A student as defined in Section 8101(20) of the Elementary and Secondary Education Act (20 U.S.C. 7801(20)).

Enrollment – A process through which a child obtains admission to an LEA that includes, at a minimum, all of the following stages:

(a) Application by child to attend the school;

(b) Acceptance and notification of an available slot to the child by the school;

(c) Acceptance of the offered slot by the child (signified by completion of enrollment forms and parent signature on a “letter of enrollment agreement form);

(d) Registration of the child in the Student Information System (SIS) by school upon receipt of required enrollment forms and letter of enrollment agreement;

(e) Receipt of educational services, which are deemed to begin on the first official school day; and

(f) The LEA’s obligation to determine eligibility for special education services or to provide special education services on an existing IEP is triggered upon completion of registration.

Evaluation – Includes the following:

(a) Procedures used in accordance with this chapter to determine whether a child has a disability and the nature and extent of the special education and related services that the child needs;

(b) The process of reviewing:

(1) Information from the parent;

(2) Existing data; and

Extended school year services – The special education and related services that:

(a) Are provided to a child with a disability beyond the normal LEA school year, in accordance with the IEP, at no cost to the parent of the child; and

(b) Meet the standards of the LEA.

Free appropriate public education or FAPE – The special education and related services that adhere to all of the following:

(a) Are provided, at public expense, under public supervision and direction, and without charge;

(b) Meet the standards of the SEA, including the requirements of this chapter;

(d) Are provided in conformity with an IEP that meets the requirements of this chapter.

Functional behavioral assessment – A process for identifying:

(a) Observable problem behaviors;

(b) The contexts or routines where the problem behaviors are most likely;

(c) The specific antecedent events within a context or routine that reliably predict occurrence of problem behaviors; and

(d) The consequences that appear to maintain the problem behavior.

General education curriculum – The curricular content adopted by the LEA for all children receiving a public education.

Hearing impairment – A disability as defined in Section 3011.

IDEA - The Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. §§ 1400 et seq.), as amended by Pub. L. 108-446, approved December 3, 2004 (118 Stat. 2647), and its implementing regulations.

Impartial hearing officer – A individual selected to conduct a due process hearing in accordance with 20 U.S.C. § 1415(f) and D.C. Official Code § 38-2572.02-.03 who meets the following requirements:

(a) Is not an employee of a public agency or the LEA that is involved in the education or care of the child; and

(b) Does not have a personal or professional interest that would conflict with the individual’s objectivity in the due process hearing.

Incapacitated individual – shall have the same meaning as the term is defined in D.C. Official Code § 21-2011(11).

Intellectual disability – A disability as defined in Section 3011.

Include – The items named are not all of the possible items that are covered, whether like or unlike the ones named.

Independent educational evaluation or IEE – The assessment procedures conducted by a qualified individual who is not an employee of the LEA.

Individualized education program or IEP – A written statement that specifies the 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)) and this chapter.

Individualized Education Program Team or IEP Team – A group of individuals, comprised of the persons listed in Section 3008, responsible for:

(a) Identifying and evaluating children with disabilities in a meeting in accordance with 20 U.S.C. § 1414 and this chapter;

(b) Developing, reviewing, or revising an IEP for a child with a disability; and

(c) Determining the placement of a child with a disability in the least restrictive environment in accordance with 20 U.S.C. § 1414 and this chapter.

Individualized Family Service Plan or IFSP – A written plan for providing early intervention services to an infant or toddler with a disability and the infant’s or toddler’s family that:

(a) Is based on an evaluation and assessment of the child and family, consistent with the requirements of 34 C.F.R. § 303.321;

(b) Consistent with the requirements of 34 C.F.R. § 303.344, which includes information about the child’s present levels of development, information about the family, results or outcomes to be achieved, the early intervention services necessary to meet the needs of the child and family and, to the extent appropriate, the identification of other services that the child or family needs or is receiving through other sources;

(c) Is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained, consistent with 34 C.F.R. § 303.420; and

(d) Is developed in accordance with the IFSP procedures in 34 C.F.R. §§ 303.342, 303.343, and 303.345.

Infant or toddler with a disability – shall have the same meaning as provided in Section 632(5) of the IDEA (20 U.S.C. § 1432(5)).

Least restrictive environment – An educational environment which meets the needs of a child requiring special education and related services as set forth in the child’s IEP and which, to the maximum extent appropriate, ensures that the child will be educated with children without disabilities.

Limited English proficiency – An individual who does not speak English as his or her primary language and has a limited ability to read, speak, write, or understand English.

Local education agency or LEA – An educational institution at the local level that exists primarily to operate a publicly funded school or schools providing elementary or secondary education in the District of Columbia. The term includes the District of Columbia Public Schools and a District of Columbia public charter school that has elected, pursuant to D.C. Official Code § 38-1800.00(29), to serve as the LEA for purposes of IDEA, with such election subject to the provisions of D.C. Official Code § 38-1802.10(c), requiring an LEA to be its own LEA for purposes of IDEA and the Rehabilitation Act unless waived by the District of Columbia Public Charter School Board.

Mechanical restraint –A physical device used to restrict the movement of a child or the movement or normal function of a portion of his or her body. A protective or stabilizing device ordered by a physician shall not be considered a mechanical restraint.

Meeting – A prearranged event when personnel of the LEA, a parent, and others who have knowledge or special expertise regarding the child, at the discretion of the LEA or the parent, come together at the same time and place, in person, telephonically, through video conference or through an online telecommunication application, to discuss matters related to the identification, evaluation, educational placement, and the provision of FAPE for a child with a disability. Meeting does not include:

(a) Informal or unscheduled conversations with LEA personnel;

(b) Conversations on issues such as teaching methodology, lesson plans, or coordination of service provision, if these issues are not addressed on the child's IEP; or

(c) Preparatory activities of LEA personnel necessary to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

Multiple disabilities – A disability as defined in Section 3011.

Native language –

(a) When used with respect to an individual who is limited English proficient, means the following:

(1) The language normally used by that individual, or, in the case of a child, the language normally used by the parents of the child, except as provided in paragraph (a)(2) of this definition;

(2) In all direct contact with a child (including evaluation of the child), the language normally used by the child in the home or learning environment; and

(b) For an individual with deafness or blindness, or for an individual with no written language, the mode of communication is that normally used by the individual (such as sign language, Braille, or oral communication).

Nonacademic and extracurricular activities and services – Activities and services that may include:

(a) Meals, recess, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the LEA;

(b) Referrals to agencies that provide assistance to individuals with disabilities; and

Nonpublic special education school or program – A privately owned or operated preschool, school, educational organization, or program, no matter how titled, that maintains or conducts classes for the purpose of offering instruction, for a consideration, profit, or tuition, to children with disabilities. The term “nonpublic special education school or program” shall not include a privately owned or operated preschool, elementary, middle, or secondary school whose primary purpose is to provide educational services to children without disabilities, even though the school can serve children with disabilities in a general academic setting. If a nonpublic special education school or program has multiple locations, each location will be considered and treated by the SEA as an individual program in regards to location of service and rate confirmation.

Office of the State Superintendent of Education (OSSE) – The State Education Agency (SEA) for the District of Columbia established by the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Official Code §§ 38-2601 et seq.), with all operational authority for State-level functions, except that delegated to the State Board of Education in D.C. Official Code § 38-2652.

Orthopedic impairment – A disability as defined in Section 3011.

Other health impairment – A disability as defined in Section 3011.

Paraprofessional - An aide or other individual who provides support services such as instructional, behavioral, or health services as described on a child’s IEP under the direct supervision of qualified personnel that is responsible for implementing special education or related services designated in a child’s IEP.

Parent –

(a) A biological or adoptive parent of a child;

(b) A foster parent, unless District of Columbia law, regulations, or contractual obligations with a State or local entity prohibit a foster parent from acting as a parent;

(c) A guardian generally authorized to act as the child’s parent, or authorized to make educational decisions for the child (but not the State if the child is in the custody of or committed to a state agency);

(d) An individual acting in the place of a biological or adoptive parent (including a grandparent, stepparent, or other relative) with whom the child lives, or an individual who is legally responsible for the child’s welfare; or

(e) A surrogate parent who has been appointed in accordance with Section 3034 or Section 639(a)(5) of IDEA.

Except as provided, the biological or adoptive parent, when attempting to act as the parent under this chapter and when more than one (1) party is qualified under this chapter to act as a parent, shall be presumed to be the parent for purposes of this chapter unless the biological or adoptive parent does not have legal authority to make educational decisions for the child. If a judicial decree or order identifies a specific person or persons to act as the ‘‘parent’’ of a child or to make educational decisions on behalf of a child, then such person or persons shall be determined to be the ‘‘parent’’ for purposes of this definition.

Personally identifiable information – Information that contains:

(a) The name of the child, the child’s parent, or other family member;

(b) The address of the child;

(d) A list of personal characteristics or other information that would make it possible to identify the child with reasonable certainty.

Physical education – Includes

The development of:

(1) Physical and motor fitness;

(2) Fundamental motor skills and patterns; and

(3) Skills in aquatics, dance, and individual and group games and sports (including intramural and lifetime sports); and

(b) Special physical education, adapted physical education, movement education, and motor development.

Physical restraint – A personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely. The term does not include a physical escort, or a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of assisting a student in moving to a safe location.

Placement – A child’s learning environment, classified by level of restrictiveness, as determined by the child’s IEP Team.

Prone restraint – The use of force, use of a physical device, or both, to hold a child face down or stomach down on the floor.

Public charter school – A publicly funded public school established pursuant to the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code §§ 38-1800 et seq.), that is not part of the District of Columbia public schools (DCPS).

Public expense – The cost of services paid for or provided by a public agency at no cost to the parent.

Qualified evaluator – An evaluator who has met the SEA-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the evaluator’s field in the location where the evaluator practices. For the administration of standardized tests, a qualified evaluator means a person who is trained and knowledgeable and administrates the test in accordance with the instructions provided by the producer of the test.

Qualified personnel – The personnel who have met the SEA-approved or recognized certification, licensing, registration, or other comparable requirements that apply to the area in which the individual is providing special education or related services.

Reasonable efforts – At least three (3) documented attempts to contact the parent using at least two (2) of the following modalities on at least three (3) different dates no fewer than five (5) days prior to the proposed LEA action or the statutory deadline:

(a) Telephone calls made or attempted and the results of those calls;

(b) Correspondence sent to the parent and any responses received; or

Reevaluation – An evaluation conducted after the initial evaluation in accordance with § 3007 of this chapter.

Rehabilitation Act – The Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 355; 29 U.S.C. §§ 701 et seq.) and its implementing regulations.

Related services – The transportation and such developmental, corrective, and other supportive services as are required to assist a child with a disability to benefit from special education. Related services include:

(a) Speech-language pathology;

(b) Audiology services;

(d) Psychological services;

(e) Physical and occupational therapy;

(f) Recreation, including therapeutic recreation;

(g) Early identification and assessment of disabilities in children;

(h) Counseling services, including rehabilitation counseling;

(i) Orientation and mobility services;

(j) Medical services for diagnostic or evaluation purposes;

(k) School health and school nurse services;

(l) Social work services in schools;

(m) Parent counseling and training; and

(n) Transportation.

Related services do not include a medical device that is surgically implanted, the optimization of that device’s functioning, maintenance of that device, or the replacement of that device.

Service location – The physical address at which instruction occurs or at which a student with disabilities receives special education and related services. The term “service location” does not refer to a specific classroom within a building or a specific building on a campus.

Services plan – A written statement that describes the special education and related services that DCPS will provide to a parentally-placed private school child with a disability who has been designated to receive services, including the location of the services and any transportation necessary, consistent with 34 C.F.R. § 300.132, and is developed and implemented in accordance with 34 C.F.R. §§ 300.137 through 300.139.

Special education – The specially designed instruction, at no cost to the parent, to meet the unique needs of a child with a disability, including:

(a) Instruction conducted in the classroom, in the home, in hospitals and institutions, and in other settings;

(b) Instruction in physical education;

(d) Travel training; and

(e) Vocational education.

Specially designed instruction – Adapting, as appropriate, to the needs of an eligible child, the content, methodology, or delivery of instruction to address the unique needs of a child that result from the child’s disability and to ensure access to the general education curriculum, so that the child can meet the educational standards that apply to each child within the District of Columbia.

Specific learning disability – A disability as defined in Section 3011.

Speech or language impairment – A disability as defined in Section 3011.

State – The District of Columbia.

State Education Agency or SEA – The Office of the State Superintendent of Education (OSSE) for the District of Columbia.

Student Information System or SIS – The LEA’s information system that includes, among other things, student demographic data and information such as attendance, scheduling, and enrollment. The SIS is not the District of Columbia special education data system.

Student – Shall have the same meaning as child and is used interchangeably. An individual between the ages of three (3) and twenty-two (22).

Supplementary aids and services – Aids, services, and other supports that are provided in general education classes or other education-related settings, and in extracurricular and nonacademic settings, to enable a child with a disability to be educated with children without disabilities to the maximum extent appropriate.

Supported decision-making – The supports, services, and accommodations that help a child with a disability make his or her own decisions, by using adult friends, family members, professionals, and other people he or she trusts to help understand the issues and choices, ask questions, receive explanations in language he or she understands, and communicate his or her own decisions to others.

Transition services – A coordinated set of activities for a child with a disability that:

Are designed to be within a results-oriented process that is focused on improving the academic and functional achievement of the child with a disability to facilitate the child’s movement from school to post-school activities including the following:

(1) Post-secondary education;

(2) Vocational education;

(3) Integrated employment, including supported employment;

(4) Continuing and adult education;

(5) Adult services;

(6) Independent living; or

(7) Community participation; and

Are based on the individual child’s needs, taking into account the child’s strengths, preferences, and interests including all of the following:

(1) Instruction, related services, community experiences, development of employment and other post-school adult living objectives;

(2) Acquisition of daily living skills, if appropriate; and

(3) Provision of a functional vocational evaluation.

Transition services for a child with a disability can be special education, if provided as specially designed instruction, or related services, if required to assist a child with a disability to benefit from special education.

Traumatic brain injury – A disability as defined in Section 3011.

Travel training – Providing instruction, as appropriate, to children with significant cognitive disabilities and other children with disabilities who require such instruction, to enable them to develop an awareness of the environment in which they live, and learn the skills necessary to move effectively and safely from place to place within that environment.

Visual impairment – A disability as defined in Section 3011.

Vocational education – Organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career not requiring a baccalaureate or advanced degree.

History

SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3099

5-A31 EARLY INTERVENTION PROGRAM FOR INFANTS AND TODDLERS WITH DISABILITIES

5-A DCMR § 3100 AVAILABILITY OF EARLY INTERVENTION SERVICES

3100.1 Appropriate early intervention services as defined in 34 C.F.R. § 303.13, that are based on scientifically based research to the extent practicable, shall be available to all infants and toddlers with disabilities and their families who are residents of the District of Columbia, including without limitation:

Infants and toddlers with disabilities who are homeless children and their families; and

Infants and toddlers with disabilities who are wards of the District of Columbia.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3101 COMPONENTS OF THE EARLY INTERVENTION PROGRAM

3101.1 In addition to ensuring the availability of appropriate early intervention services, the District of Columbia early intervention program shall have the following components:

A definition of developmental delay;

A timely, comprehensive, multidisciplinary evaluation of the functioning of each infant or toddler with a disability in the District of Columbia that meets the requirements of 34 C.F.R. § 303.321;

For infants or toddlers with a disability who are eligible for early intervention services, a family-directed identification of the needs of the family of the infant or toddler to assist appropriately in the development of the infant or toddler. The family-directed identification must meet the requirements of 34 C.F.R. § 303.321;

An Individualized Family Service Plan (IFSP), as defined in 34 C.F.R. § 303.20, is developed and implemented as required by 34 C.F.R. §§ 303.340 - 303.345, and that includes service coordination services, as defined in 34 C.F.R. § 303.34;

A comprehensive child find system that meets the requirements of 34 C.F.R. §§ 303.302 and 303.303;

A public awareness program in accordance with 34 C.F.R. § 303.116;

A central directory in accordance with 34 C.F.R. § 303.117;

A comprehensive system of personnel development in accordance with 34 C.F.R. § 303.118;

Personnel standards in accordance with 34 C.F.R. § 303.119;

A single line of responsibility in the Lead Agency with responsibilities as set forth in 34 C.F.R. § 303.120;

A policy pertaining to the contracting or making of other arrangements with public or private individuals or agency service providers to provide early intervention services in the District of Columbia in accordance with 34 C.F.R. § 303.121;

Procedures for securing the timely reimbursement of funds used under part C of the Individuals with Disabilities Education Act (IDEA), approved December 3, 2004 (20 U.S.C. §§ 1400 – 1482), in accordance with 34 C.F.R. § 303.122;

Procedural Safeguards that meet the requirements of 34 C.F.R. part 303, subpart E;

A system for compiling and reporting timely and accurate data in accordance with 34 C.F.R. § 303.124;

A State Interagency Coordinating Council that meets the requirements of 34 C.F.R. part 303, subpart G;

Policies and procedures to ensure that early intervention services are provided in natural environments in accordance with 34 C.F.R. § 303.126; and,

Services available to children ages three (3) and older, in accordance with 34 C.F.R. § 303.211.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3102 EVALUATION OF THE CHILD

3102.1 The Lead Agency shall ensure that, subject to obtaining parental consent in accordance with 34 C.F.R. § 303.420(a)(2), each child under the age of three (3) who is referred for evaluation or early intervention services under Part C of IDEA and suspected of having a disability, receives a timely, comprehensive, multidisciplinary evaluation of the child in accordance with 34 C.F.R. § 303.321.

3102.2 In accordance with 34 C.F.R. § 303.321(a)(2)(i), evaluation means the procedures used by qualified personnel to determine a child’s initial and continuing eligibility under Part C of IDEA, consistent with the definition of infant or toddler with a disability in 34 C.F.R. § 303.21 and § 3108. An initial evaluation refers to the child’s evaluation to determine his or her initial eligibility under Part C of IDEA.

3102.3 In accordance with 34 C.F.R. § 303.321(b), no single procedure shall be used as the sole criterion for determining an infant or toddler’s eligibility for services under Part C of IDEA.

3102.4 In accordance with 34 C.F.R. § 303.321(b), the evaluation for an infant or toddler must include the following procedures:

Administering an evaluation instrument;

Taking the infant or toddler’s history (including interviewing the parent(s));

Identifying the infant or toddler’s level of functioning in each of the following developmental areas:

(1) Cognitive development;

(2) Physical development, including vision and hearing;

(3) Communication development;

(4) Social or emotional development; and

(5) Adaptive development.

Gathering information from other sources such as family members, other care-givers, medical providers, social workers, and educators, if necessary, to understand the full scope of the child’s unique strengths and needs; and

Reviewing medical, educational, or other records.

3102.5 An infant or toddler’s medical and other records may be used to establish eligibility (without conducting an evaluation of the child) in accordance with 34 C.F.R. § 303.321 if those records indicate that the child’s level of functioning in one (1) or more of the developmental areas identified in 34 C.F.R. § 303.21(a)(1) constitutes a developmental delay or that the child otherwise meets the criteria for an infant or toddler with a disability under 34 C.F.R. § 303.21 and § 3108. If the child’s Part C eligibility is established under this section, the Lead Agency or Early Intervention Service provider (EIS provider) must conduct assessments of the child and family in accordance with 34 C.F.R. § 303.321 and § 3103.

3102.6 If, based on the evaluation conducted under 34 C.F.R. § 303.321, the Lead Agency determines that a child is not eligible under Part C of IDEA, the Lead Agency must provide the parent with prior written notice required in 34 C.F.R. § 303.421 and include in the notice information about the parent’s right to dispute the eligibility determination through dispute resolution mechanisms under 34 C.F.R. § 303.430 and § 3111, such as requesting a due process hearing or mediation or filing a state complaint.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3103 ASSESSMENT OF THE CHILD AND FAMILY

3103.1 In accordance with 34 C.F.R. § 303.321(a)(2)(ii) and (iii), assessment means the ongoing procedures used by qualified personnel to identify the child’s unique strengths and needs and the early intervention services appropriate to meet those needs throughout the period of the child’s eligibility under Part C of IDEA and includes the assessment of the child, consistent with 34 C.F.R. § 303.321(c)(1) and the assessment of the child’s family, consistent with 34 C.F.R. § 303.321(c)(2). Initial assessment refers to the assessment of the child and the family assessment conducted prior to the child’s first IFSP meeting.

3103.2 If an infant or toddler is determined eligible for early intervention services in accordance with 34 C.F.R. § 303.321, a multidisciplinary assessment of the unique strengths and needs of that infant or toddler and the identification of services appropriate to meet those needs must be conducted by qualified personnel. This assessment may occur simultaneously with the evaluation, provided that the requirements of this section are met. The assessment of the child must include the following:

A review of the results of the evaluation conducted under § 3102;

Personal observations of the child; and

The identification of the child’s needs in each of the developmental areas in 34 C.F.R. § 303.21 and Subsection 3108.1(b).

3103.3 If an infant or toddler is determined eligible in accordance with 34 C.F.R. § 303.321, a family-directed assessment must be conducted by qualified personnel in order to identify the family’s resources, priorities, and concerns and the supports and services necessary to enhance the family's capacity to meet the developmental needs of the family's infant or toddler with a disability. This assessment may occur simultaneously with the evaluation, provided that the requirements of this section are met. The family-directed assessment must:

Be voluntary on the part of each family member participating in the assessment;

Be based on information obtained through an assessment tool and also through an interview with those family members who elect to participate in the assessment; and

Include the family’s description of its resources, priorities, and concerns related to enhancing the child’s development.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3104 USE OF NATIVE LANGUAGE FOR EVALUATIONS AND ASSESSMENTS

3104.1 All evaluations and assessments of a child shall be conducted in the language normally used by the child if determined developmentally appropriate for the child by the qualified personnel conducting the child’s evaluation. If it is not developmentally appropriate to use the language normally used by the child, the evaluations and assessments shall be conducted in the family’s native language unless it is clearly not feasible to do so. All family assessments must be conducted in the native language of the family member being assessed unless it is clearly not feasible to do so.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3105 INFORMED CLINICAL OPINION

3105.1 Qualified personnel must use informed clinical opinion when conducting an evaluation and assessment of the child. In addition, informed clinical opinion may be used as an independent basis for establishing a child’s eligibility under Part C of IDEA if other instruments do not establish eligibility; however, in no event may informed clinical opinion be used to negate the results of evaluation instruments used to establish eligibility under 34 C.F.R. § 303.321(b) and Subsection 3102.4.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3106 CULTURALLY APPROPRIATE AND NON-DISCRIMINATORY EVALUATIONS AND ASSESSMENTS

3106.1 All evaluations and assessments of the child and family shall be strength based, conducted by qualified personnel in a nondiscriminatory manner, and selected and administered so as not to be racially or culturally discriminatory.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3107 POST-REFERRAL TIMELINE

3107.1 Except as provided in 34 C.F.R. § 303.310(b) and Subsection 3107.2, the initial evaluation and the initial assessments of the child and family under 34 C.F.R. § 303.321 and §§ 3102 and 3103 and the initial IFSP meeting under 34 C.F.R. § 303.342 must all be completed within forty-five (45) days from the date the Lead Agency receives the referral of the child.

3107.2 Subject to 34 C.F.R. § 303.310(c) and Subsection 3107.3, the 45-day timeline described in 34 C.F.R. § 303.310(a) and Subsection 3107.1 shall be extended to adjust for any period of time when:

The child or parent is unavailable to complete the initial evaluation, the initial assessments of the child and family, or the initial IFSP meeting due to exceptional family circumstances that are documented in the child’s early intervention records; or

The parent has not provided consent for the initial evaluation or the initial assessment of the child, despite documented, repeated attempts by the Lead Agency or EIS provider to obtain parental consent.

3107.3 The Lead Agency ensures that in the event the circumstances described in 34 C.F.R. §§ 303.310(b)(1) or (b)(2) and Subsection 3107.2 exist, the Lead Agency or the EIS provider must:

Document in the child’s early intervention records the exceptional family circumstances or repeated attempts by the Lead Agency or the EIS provider to obtain parental consent;

Complete the initial evaluation, the initial assessments (of the child and family), and the initial IFSP meeting as soon as possible after the documented exceptional family circumstances described 34 C.F.R. § 303.310(b)(1) no longer exist or parental consent is obtained for the initial evaluation and the initial assessment of the child; and

Develop and implement an interim IFSP, to the extent appropriate and consistent with 34 C.F.R. § 303.345.

3107.4 The initial family assessment must be conducted within the forty-five (45) day timeline in 34 C.F.R. § 303.310(a) and Subsection 3107.1 if the parent concurs and even if other family members are unavailable.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3108 CHILD ELIGIBILITY FOR SERVICES

3108.1 A child must be a resident of the District of Columbia in order to receive Part C early intervention services from the District of Columbia.

3108.2 A child is a resident of the District of Columbia if the child:

Is a ward of the District of Columbia;

Lives with a natural parent, step parent, or adoptive parent who is a District of Columbia resident and has custody or control of a child, including joint custody; or,

Lives with a guardian, custodian, or caregiver who is a resident of the District of Columbia.

3108.3 Until § 3108.4 takes effect, pursuant to Part C IDEA regulations at 34 CFR §§ 303.21 and 303.111, a child is eligible for District of Columbia Part C early intervention services if the child is between the age of birth and their third (3rd) birthday and any of the following apply:

The child demonstrates a delay of fifty (50%) percent, using appropriate diagnostic instruments and procedures, in one (1) of the following developmental areas:

(1) Physical development, including vision or hearing;

(2) Cognitive development;

(3) Communication development;

(4) Social or emotional development; or

(5) Adaptive development.

The child is diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay, including conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome.

In addition to the above criteria, effective July 1, 2013, the child demonstrates a delay of twenty-five percent (25%), using appropriate diagnostic instruments and procedures, in two (2) or more of the following developmental areas:

(1) Physical development, including vision or hearing;

(2) Cognitive development;

(3) Communication development;

(4) Social or emotional development;

(5) Adaptive development

3108.4 Beginning July 1, 2018, a child is eligible for District of Columbia Part C early intervention services if the child is between the age of birth and their third (3rd) birthday and any of the following apply:

(a) The child demonstrates a delay of twenty-five percent (25%), using appropriate diagnostic instruments and procedures, in one (1) of the following developmental areas:

(1) Physical development, including vision or hearing;

(2) Cognitive development;

(3) Communication development;

(4) Social or emotional development; or

(5) Adaptive development; or

(b) The child is diagnosed as having a physical or mental condition that has a high probability of resulting in developmental delay, including conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; inborn errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013); as amended by Final Rulemaking published at 65 DCR 7392 (July 13, 2018). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3108

5-A DCMR § 3109 NOTIFICATION OF POTENTIAL ELIGIBILITY OPT-OUT POLICY

3109.1 Consistent with 34 C.F.R. § 303.401, the Lead Agency shall notify the appropriate local education agency within the District of Columbia and the state education agency within the District of Columbia of personally identifying information for each child potentially eligible for Part B of the IDEA consistent with 34 C.F.R. § 303.401, 303.209(b), no later than the child’s thirty-third (33rd) month, unless a parent has signed and submitted a written request to opt out of notifying the local education agency. The Lead Agency or Lead Agency representative must explain to parents that the information that will be released will include the following:

Child’s name;

Child’s date of birth; and

Parent contact information (including parents’ names, addresses, and telephone numbers).

3109.2 Prior to sending notification to the local educational agency and the state education agency, the Lead Agency or Lead Agency representative will inform parents of rights afforded by IDEA Part C, including the right to eligibility determination for Part B services and the right to opt-out of having personally identifiable information shared with the local educational agency and the state educational agency. If a parent chooses to opt out, the written request must be signed and submitted to the Lead Agency no later than ten (10) days prior to the child reaching the age of two (2) years and three (3) months. If the child enters the program after the age of two (2) years and three (3) months, the parent may opt out within ten (10) days after the date that the parent provides written consent for services.

3109.3 The opt-out form shall become part of the child's early intervention record. A parent may revoke his or her choice to opt out at any time by providing written notification to the Lead Agency. The Lead Agency or Lead Agency representative will work with the family to make a referral to the appropriate local educational agency within ten (10) days of receiving notification of revocation.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3110 STATE OPTION TO MAKE SERVICES UNDER PART C OF IDEA AVAILABLE TO CHILDREN AGES THREE (3) AND OLDER

3110.1 Beginning on July 1, 2014, and in accordance with 34 C.F.R. § 303.211, a parent of a child with a disability who is eligible for preschool services under Section 619 of Part B of IDEA and who previously received early intervention services under Part C of IDEA may choose the continuation of early intervention services under Part C for his or her child after the child turns three (3) subject to Subsection 3110.2 below.

3110.2 The option to continue early intervention services under Part C of IDEA applies to children with disabilities from age three (3) until the beginning of the school year following the child’s fourth (4th) birthday. In no case may services under this section be provided beyond the age at which the child actually enters, or is eligible under District of Columbia law to enter, kindergarten or elementary school in the District of Columbia.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3111 PROCEDURAL SAFEGUARDS

3111.1 The Lead Agency adopts the provisions on confidentiality in 34 C.F.R. §§ 303.401 through 303.417, parent consent and notice in 34 C.F.R. §§ 303.420 and 303.421, surrogate parents in 34 C.F.R. § 303.422, and dispute resolution procedures in 34 C.F.R. § 303.430.

3111.2 With respect to due process hearing procedures under 34 C.F.R. § 303.430(d), the Lead Agency adopts the Part B due process hearing procedures under Section 615 of IDEA and §§ 303.440 - 303.449 with a forty-five (45) day timeline for resolving due process complaints, as provided in 34 C.F.R. § 303.440(c).

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3112 METHODS TO ENSURE THE PROVISION OF, AND FINANCIAL RESPONSIBILITY FOR, PART C SERVICES

3112.1 The Lead Agency shall utilize interagency agreements between each state public agency and the Lead Agency in order to ensure:

The provision of, and establishing financial responsibility for, early intervention services provided under the IDEA and this chapter; and

Such services are consistent with the requirement in Section 635 of the IDEA and the State’s application under Section 637 of the IDEA, including the provision of such services during the pendency of any dispute between state agencies.

3112.2 The Lead Agency shall utilize public insurance, such as Medicaid’s Title XIX and the Early Periodic Screening Diagnosis and Treatment (EPSDT) program (42 U.S.C. § 1396), to the maximum extent possible.

3112.3 The D.C. Department of Health Care Finance shall ensure timely reimbursement for services provided in accordance with Part C services including but not limited to, service coordination, evaluation and assessment, and IFSP services.

3112.4 The Lead Agency and the D.C. Department of Health Care Finance shall identify policies and procedures for allocating financial responsibility for Early Intervention Services through an inter-agency agreement.

3112.5 Pursuant to 34 C.F.R. § 303.520(a), the Lead Agency shall obtain written parental consent to access public benefits or insurance to pay for Part C services.

3112.6 Pursuant to 34 C.F.R. § 303.510(c), nothing in Subsection 3113.2 shall permit a District of Columbia agency to reduce medical or other assistance available to children and families in the District of Columbia or to alter eligibility under Title V of the Social Security Act, 42 U.S.C. §§ 701, et seq. (SSA) or Title XIX of the SSA, 42 U.S.C. § 1396, including Section 1903(a) of the SSA regarding medical assistance for services furnished to an infant or toddler with a disability when those services are included in the child’s IFSP adopted pursuant to part C of the IDEA.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3113 EARLY INTERVENTION (EI) SERVICES RATES

3113.1 The Lead Agency shall establish and publish on an annual basis, or more frequently if necessary, maximum rates to be paid for early intervention services consistent with this chapter.

3113.2 The following schedule shall be used to determine rate of payment for services in the Early Intervention Service System.

Services

Procedure Codes

Rate

Assistive Technology Services

DME Procedure Codes

Varies depending on code

Assessments for Service Planning

T1023 R1 (RC1)

T1023 R2 (RC2)

$37.50/15 min

$28.50/ 15 min

Audiology

G0153 GP (group)

$25.13/15 min

G0153 R1 (individual RC1)

G0153 R2 (individual RC2)

$37.50/15 min

$28.50/15 min

Developmental Therapy

T1027 R2 (individual RC2)

$27.50/15 min

Developmental Therapy – Applied Behavioral Analysis Method

T1027 R1 (individual RC1)

T1027 R2 (individual RC2)

T1027 GP (group)

$31.25/15 min

$27.50/15 min

$18.43/15 min

Group Therapy (two (2) or more children)

T1027 GP (group)

$18.43/15 min

Nursing Services

G0154 U1 (individual)

$37.50/15 min

G0154 GP (group)

$25.13/15 min

Nutrition Services

97802 R2 (initial)

$30.41/15 min

97803 R2 (subsequent)

$26.49/15 min

97804 R2 (group)

$13.32/15 min

Occupational Therapy

G0152 U1 (individual)

$37.50/15 min

G0152 GP (group)

$25.13/15 min

Social Work Services

90806

$70.94/50 min

90846

$71.06/50 min

Psychological Services

90802

$146.76/dx interview

90804

$54.06/30 min

90806

$70.94/50 min

90808

$103.32/80 min

90810

$55.23/30 min

96111

$108.22

Physical Therapy

G0151 U1 (individual RC1)

G0151 U1 (individual RC2)

$37.50/15 min

$28.50/15 min

G0151 GP (group)

$25.13/15 min

Speech-Language Pathology

G0153 U1 (individual RC1)

G0153 U1 (individual RC2)

$37.50/15 min

$28.50/15 min

G0153 GP (group)

$25.13/15 min

Team Treatment Activities (more than one professional providing services during same session for an individual child/family)

T1024 R1 (individual RC1)

$37.50/15 min

Vision Services/Orientation & Mobility

V2799 R2 (individual R2)

$37.50/15 min

*Reimbursement Category 1 (RC 1) providers are physical therapists, occupational therapists, speech-language pathologists, nurses (registered nurses or nurse practitioners), psychologists, board certified behavior analysts (BCBAs), audiologists, certified assistive technology specialists, and certified auditory verbal therapists or educators.

*Reimbursement Category 2 (RC 2) providers are physical therapy assistants, occupational therapy assistants, speech language pathology assistants, certified therapeutic recreational specialists, counselors, special educators, dietitians, family therapists, orientation and mobility specialists, social workers certified nurse aides, licensed practical nurses, ABA paraprofessionals, and board certified assistant behavior analysts (BCaBAs).

**Per professional.

3113.3 The Lead Agency may, in its sole discretion, adjust a rate specified in this chapter, based upon identification and documentation of unique or highly specialized need of a child that cannot be addressed and funded at the rates annually established by the Lead Agency.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3114 AVAILABILITY OF RESOURCES

3114.1 In accordance with 34 C.F.R. § 303.207, the Lead Agency shall provide services to children in all geographic areas within the District of Columbia and require that all provider contracts include a provision that EIS providers must serve children from all geographic areas within the District of Columbia.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3115 POLICY FOR CONTRACTING OR OTHERWISE ARRANGING FOR SERVICES

3115.1 All service providers seeking payment for Part C services from the Lead Agency shall have a contract with the Lead Agency specifying terms and conditions at rates consistent with this chapter.

3115.2 The Lead Agency shall establish contracts with service providers who meet the personnel standards established pursuant to 34 C.F.R. § 303.119. The contracts must be consistent with the provisions of Part C of the IDEA including the contents of the application for federal funds required by 34 C.F.R. §§ 303.201 - 303.227.

3115.3 All contracts with the Lead Agency shall include a requirement that all early intervention services meet standards set by the Lead Agency and must be consistent with 34 C.F.R. Part 303 and the Education Department General Administrative Regulations in 34 C.F.R. part 80.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A DCMR § 3199 DEFINITIONS

3199.1 All terms used in this chapter shall be the same and conform to the definitions of such terms in the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1431, et seq. and all regulations set forth in 34 C.F.R. §§ 303.1 – 303.733. Several of these definitions are included herein for convenience.

Early intervention service provider or EIS provider - an entity (whether public, private, or nonprofit) or an individual that provides early intervention services under part C of the IDEA, whether or not the entity or individual receives Federal funds under part C of the IDEA, and may include, where appropriate, the Lead Agency and a public agency responsible for providing early intervention services to infants and toddlers with disabilities in the State under part C of the IDEA.

An EIS provider is responsible for: (1) Participating in the multidisciplinary individualized family service plan (IFSP) team’s ongoing assessment of an infant or toddler with a disability and a family-directed assessment of the resources, priorities, and concerns of the infant’s or toddler’s family, as related to the needs of the infant or toddler, in the development of integrated goals and outcomes for the IFSP; (2) Providing early intervention services in accordance with the IFSP of the infant or toddler with a disability; and (3) Consulting with and training parents and others regarding the provision of the early intervention services described in the IFSP of the infant or toddler with a disability.

Individualized Family Service Plan (IFSP) – a written plan for providing early intervention services to an infant or toddler with a disability, as defined in this chapter, and the infant's or toddler's family that:

(a) Is based on an evaluation and assessment of the child and family, consistent with the requirements of 34 C.F.R. § 303.321;

(b) Consistent with the requirements of 34 C.F.R. § 303.344, includes information about the child’s present levels of development, information about the family, results or outcomes to be achieved, the early intervention services necessary to meet the needs of the child and family and, to the extent appropriate, the identification of other services that the child or family needs or is receiving through other sources;

(c) Is implemented as soon as possible once parental consent for the early intervention services in the IFSP is obtained, consistent with 34 C.F.R. § 303.420; and

(d) Is developed in accordance with the IFSP procedures in 34 C.F.R. §§ 303.342, 303.343, and 303.345.

Infant or Toddler with a disability - an individual under three (3) years of age who needs early intervention services because the individual:

(a) Is experiencing a developmental delay, as measured by appropriate diagnostic instruments and procedures, in one (1) or more of the following areas:

(1) Cognitive development;

(2) Physical development, including vision and hearing;

(3) Communication development;

(4) Social or emotional development;

(5) Adaptive development;

(b) Has a diagnosed physical or mental condition that:

(1) Has a high probability of resulting in developmental delay; and

(2) Includes conditions such as chromosomal abnormalities; genetic or congenital disorders; sensory impairments; in-born errors of metabolism; disorders reflecting disturbance of the development of the nervous system; congenital infections; severe attachment disorders; and disorders secondary to exposure to toxic substances, including fetal alcohol syndrome: or

A child of a parent elects the extended IFSP option pursuant to this chapter.

Lead Agency - the Office of the State Superintendent of Education (OSSE), as the District of Columbia agency responsible for implementing a comprehensive system of early intervention services for infants and toddlers with disabilities and their families in conformance with District of Columbia law and federal law to ensure that all children with disabilities, ages birth through three (3) years of age have early intervention services available to them.

Parent - a biological or adoptive parent of a child, a guardian (but not the District of Columbia if the child is a ward of the District of Columbia), a person acting in the place of a parent (such as a grandparent or step-parent with whom the child lives, or a person who is legally responsible for the child’s welfare), or a surrogate parent who has been appointed in accordance with 34 C.F.R. § 303.422 or Section 639(a)(5) of IDEA. A foster parent shall also be a parent if:

The natural parent’s authority to make educational decisions on the child’s behalf has been extinguished under applicable law; and

The foster parent has an ongoing, long-term parental relationship with the child, is willing to make educational decisions for the child as required under the IDEA and has no interest that conflicts with the interests of the child.

History

SOURCE: Final Rulemaking published at 60 DCR 5614 (April 12, 2013).

5-A34 PRE-K ENHANCEMENT AND EXPANSION PROGRAM ASSISTANCE GRANTS

5-A DCMR § 3400 PRE-K ASSISTANCE GRANTS

3400.1 This chapter is promulgated pursuant to the Pre-k Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code § 38-271.01 et seq.) and the Pre-k Acceleration and Clarification Emergency Amendment Act of 2010, effective February 6, 2010 (D.C. Act 18-307; D.C. Official Code § 38-272.03), including any temporary and permanent versions of this act.

3400.2 The Program Assistance Grant (PAG) program shall be funded through one or more of the following sources:

(a) Local funding;

(b) Federal funding; and

3400.3 A PAG shall assist eligible District of Columbia programs serving pre-k age children to achieve or maintain the High Quality Standards and Program Requirements contained in the District of Columbia Pre-k Operating Guidelines (the “HQ Standards”).

3400.4 To be eligible for a PAG, an applicant must:

Be:

A District of Columbia public school;

A District of Columbia public charter school; or

A community based organization;

(b) Operate in the District of Columbia a pre-k education service;

(1) Three (3) years of age on or before September 30 of the academic year for which the child is being enrolled;

(2) Four (4) years of age; or

(3) Five (5) years of age after September 30;

Submit an audited financial statement or an audit report based upon the then-current U.S. Office of Management and Budget Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations”; and

(e) Demonstrate the ability to sustain beyond the receipt of grant funding, the delivery of services meeting the HQ Standards.

3400.5 The maximum PAG funding for each grant cycle shall be specified in the request for funding application.

History

Source: Final Rulemaking published at 57 DCR 9727 (October 15, 2010).

5-A DCMR § 3401 PAG APPLICATION REQUIREMENTS

3401.1 Only a designated official of a local education agency may submit a PAG application on behalf of an applicant school.

3401.2 The OSSE shall date and time stamp each application upon receipt.

3401.3 An applicant may not submit more than one (1) application in a grant funding cycle.

3401.4 The program narrative in each application shall include specific information describing the program’s purpose, scope, objectives, and intended impact.

3401.5 A PAG application shall provide justification for all proposed grant expenditures related to the PAG award.

3401.6 All required documentation shall be included with the application. An incomplete application shall be disqualified and will not be reviewed.

3401.7 Each application shall demonstrate compliance with all requirements specified by the request for funding application.

3401.8 The PAG awards for each grant cycle shall be announced by OSSE within thirty (30) calendar days after the grant application closing date.

3401.9 OSSE shall notify each applicant, in writing, as to the approval or denial of an application within thirty (30) calendar days after the grant application closing date.

3401.10 Each PAG grant shall be awarded for a period of two (2) calendar years from the date of the award or as otherwise specified.

History

Source: Final Rulemaking published at 57 DCR 9727, 9729 (October 15, 2010).

5-A DCMR § 3402 REQUIREMENTS TO RECEIVE A SECOND PAG GRANT

3402.1 To be eligible for a new PAG in a subsequent grant cycle, a school that previously received a PAG grant (a “PAG recipient”) must:

(a) Meet all requirements in this chapter; and

(b) Complete successfully the objectives stated in the most recent PAG application awarded to the applicant.

3402.2 A PAG application submitted by a PAG recipient shall be considered only after a final determination has been made on all first-time PAG applications in a grant cycle and only if grant funds are available.

3402.3 As part of a new PAG application, a PAG recipient shall include information that demonstrates its effective use of the prior PAG funding to achieve or maintain HQ Standards.

3402.4 A PAG recipient may not apply in a subsequent grant cycle for additional grant funding for the same project for which it was previously awarded PAG funding.

History

Source: Final Rulemaking published at 57 DCR 9727, 9729 (October 15, 2010).

5-A DCMR § 3403 PAG FUNDS AND OPERATIONS

3403.1 PAG funds shall be used for pre-k quality improvement efforts as they relate to the HQ Standards.

3403.2 Allowable PAG expenditures include, but are not limited to, the following:

(a) Accreditation fees;

(b) Instructional support and materials;

(d) Capital facilities improvements in an amount not to exceed twenty five percent (25%) of the total grant award; and

(e) Development of family engagement programs, including, but not limited, to expenses for monthly meetings, publication costs for parent directories, and consultant fees for parent trainings.

3403.3 PAG funds shall be used to build long-term programmatic viability and

shall not be used to fund a project that would not be sustainable without PAG funding.

3403.4 A PAG may be terminated in whole or in part by OSSE at any time if OSSE determines that the PAG recipient has:

(a) Substantially failed to comply with, or meet the objectives and terms of, the grant award; or

(b) Failed to comply with applicable federal or District of Columbia laws or regulations.

3403.5 The OSSE shall provide a written notice of termination.

History

Source: Final Rulemaking published at 57 DCR 9727, 9730 (October 15, 2010).

5-A DCMR § 3404 ACCOUNTABILITY AND REPORTING REQUIREMENTS

3404.1 A PAG recipient shall submit written quarterly reports, due no later than ten (10) business days after the end of each quarter during the grant period, and a final report, due no later than fifteen (15) business days after the end of the grant award period. Reports must include the following documents:

The grant project manager’s report cover sheet;

A “Grant Project Specific Measurable Objectives and Outcomes Report”;

A calendar of activities for the current report period;

A calendar of activities for the next report period;

A list of equipment that was purchased or leased with PAG funds, along with supporting documentation;

Copies of invoices for all purchases or other expenditures made with PAG funds;

A financial statement for the reporting period;

Parent newsletters, brochures, and newspaper articles about the pre-k program or grant recipient, if any; and

The annual report published during the report period, if any.

3404.2 A PAG recipient shall:

Obtain approval from OSSE before expending PAG funds for a purpose that was not included in the original approved budget;

Submit a written request and a modified budget for any proposed modifications related to the grant award;

Maintain accurate and complete records of all activities supported by the grant for five (5) years after the end of the grant period;

Maintain records that document initial and periodic assessments, initial and periodic plans, and the ongoing progress of program activities; and

Ensure confidentiality and prevent unauthorized access to records. Programs shall maintain all records, including required reports, documents and files on-site, in a properly secured cabinet or location. Records shall be accessed by authorized personnel only.

3404.3 OSSE shall monitor a PAG recipient throughout the grant period. OSSE’s monitoring may include scheduled and unscheduled visits to the PAG recipient’s facility or principal place of business.

3404.4 A PAG recipient shall fully cooperate with authorized representatives of the Government of the District of Columbia, including OSSE, and shall provide them access to facilities, staff, and records related to the grant upon request.

History

Source: Final Rulemaking published at 57 DCR 9727, 9731 (October 15, 2010).

5-A DCMR § 3499 DEFINITIONS

For the purposes of this chapter, the following terms shall have the meanings ascribed:

Accreditation - approval by a nationally recognized accrediting body or other body satisfying similar standards as approved by OSSE.

Approved curriculum – “The Creative Curriculum, Scholastic’s Building Language for Literacy or Early Childhood Programs, High/Scope, Core Knowledge”, “Opening the World of Learning (OWL)”, “Houghton Mifflin Pre-K, Scholastic Early Childhood Workshop”, or other curricula as approved by OSSE.

Community-based organization- Head Start or early childhood education program operated by a non-profit or faith-based organization, or organization that participates in local or federally-funded early childhood programs, including the Child Care Subsidy Program.

HQ Standards- the high quality standards and program requirements embodied in the District of Columbia “Program Operating Guidelines for the Pre-kindergarten Enhancement and Expansion Program”, available on the OSSE website, or as updated in any subsequent regulations or legislation

Need - the extent to which a proposed service is required or wanted in the targeted community and target population.

OSSE - the District of Columbia Office of the State Superintendent of Education.

Pre-k age children - children who are three (3) years of age on or before September 30 of the academic year for which the child is being enrolled, four (4) years of age; or five (5) years of age after September 30.

Pre-k education service - education provided by the District of Columbia Public Schools, public charter schools, and community-based organizations operated by a non-profit entity, faith-based organization, or organization that participates in federally funded or District-funded early childhood programs, which provides care and education to pre-k age children.

Program - an education provider serving pre-k age children operating in District of Columbia Public Schools, public charter schools, and community-based organizations operated by a non-profit entity, faith-based organization, or an organization that participates in federally funded or District funded early childhood programs, including the child care subsidy program funded by the federal Child Care Development Fund.

Target population - the number, ages, wards of residency, and demographic profiles of the participants to be served.

History

Source: Final Rulemaking published at 57 DCR 9727, 9732 (October 15, 2010).

5-A35 PRE-K ENHANCEMENT AND EXPANSION FUNDING

5-A DCMR § 3500 GENERAL PROVISIONS

3500.1 This chapter establishes regulations governing the allocation or award of pre-K enhancement and expansion funding to be distributed by the Office of the State Superintendent of Education (“OSSE”) to community-based organizations pursuant to the Pre-K Enhancement and Expansion Amendment Act of 2008 (the “Act”), effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code §§ 38-271.01 et seq.).

3500.2 Pursuant to Section 201 of the Act (D.C. Official Code § 38-272.01) the purpose of this chapter is to establish the process for allocation or award of funding to community-based organizations providing high quality pre-K education services for pre-K age children, including allocations or awards where available appropriations are insufficient to fund the full amount of the uniform per student funding formula (“UPSFF”) established pursuant to Section 2401 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C Official Code § 38-1804.01).

3500.3 To receive and maintain an allocation or award of funding under this chapter, each high quality pre-K program shall meet and maintain the following eligibility criteria:

(a) Be a community-based organization;

(b) Operate a pre-K education service in the District of Columbia;

(c) Prior to the provision of high quality pre-K education services to a child, the high quality pre-K program shall determine if the child:

Is a resident of the District of Columbia, in reliance on the same type of documentation that may be used to establish residency for public school students pursuant to Section 12 of the Student Residency Requirement Act (D.C. Official Code § 38-309);

(2) Is or will be three (3) years of age or four (4) years of age on or before September 30 of the program year for which the child is being enrolled; and

(3) Is eligible for subsidized child care;

(d) Provide the support necessary to help families initially acquire or maintain subsidized child care if they are eligible;

(e) Enroll and maintain a class size of no fewer than fifteen (15) and no more than sixteen (16) children in classrooms where the youngest child is three (3) years old or a class size of no fewer than sixteen (16) and no more than twenty (20) in classrooms where the youngest child is four (4) years old;

(f) Participate in the Child and Adult Care Food Program (CACFP), as authorized by Section 17 of the National School Lunch Act, approved October 7, 1975 (89 Stat. 522; 42 U.S.C. § 1766), unless exempted from participation through a waiver from OSSE;

(g) Operate Monday through Friday, beginning no earlier than 7:00 a.m.; provide at least six and a half (6.5) hours of pre-K education services, at least thirty-nine (39) weeks a year, for a total of at least one hundred eighty (180) days; and follow the holiday and closing calendar schedule of the District of Columbia Public Schools;

(h) Meet any other eligibility criteria established by OSSE.

History

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3500

5-A DCMR § 3501 HIGH QUALITY STANDARDS

3501.1 A CBO providing pre-K education services shall be designated as a high quality pre-K program and be eligible for the purposes of funding under this chapter, if the CBO meets each of the following high-quality standards:

An adult-to-child ratio of one-to-eight (1:8) for children thirty (30) months to three (3) years of age and of one-to-ten (1:10) for children four (4) years of age or older. When children of different ages are combined in one group, the adult-to-child ratio for the youngest child shall apply;

The consistent use of a comprehensive curriculum that is aligned with the District of Columbia’s early learning standards. High quality pre-K programs shall provide a comprehensive educational program and use age-appropriate instructional practices in the implementation of that program. Programs shall use, as the basis of their education programs, one of the following curriculum models:

Creative Curriculum®;

HighScope®;

Tools of the Mind®;

Core Knowledge®;

Opening the World of Learning©;

Houghton Mifflin Pre-K®;

Frog Street®;

Montessori®; or

Another curriculum approved by OSSE that is both research-based and nationally recognized.

Accreditation by a national accrediting body approved by OSSE;

Utilization of child assessment tools that are aligned with the curriculum selected by the program. Children enrolled in the program shall be assessed using this tool at least three (3) times during the program year and the assessments shall be shared with families at least two (2) times during the program year. The program shall ensure that child assessment procedures reflect appropriate practices for young children. The program shall provide the results of the assessment for each child to OSSE within a month after conducting the assessment;

(e) For each high quality pre-K program classroom, the high quality pre-K program shall employ, at a minimum, one (1) teacher and one (1) teacher assistant who meet the following minimum educational requirements:

(1) Teacher:

(A) Hold at least a bachelor’s degree in child development, early childhood education, early childhood special education or child and family studies; except that a person may have an associate’s degree in child development, early childhood education, or child and family studies provided that the person is enrolled, at the time of employment by the CBO, in a bachelor’s degree program and on track to receive it by December 2017; or

(B) Hold a bachelor’s degree in a field other than child development, early childhood education, early childhood special education, or child and family studies and have earned eighteen (18) credits in early childhood education.

(C) Hold a bachelor’s degree in a field other than a child development, early childhood education, early childhood special education or child and family studies and successful completion of applicable Early Childhood Praxis Exams.

(2) Assistant teacher:

(A) Hold at a minimum a Child Development Associate credential and be enrolled, at the time of employment by the CBO, in an early childhood associate’s degree program and on track to receive the degree by December 2017; or

(B) Hold an associate’s degree in a field other than child development, early childhood education, early childhood special education, or child and family studies and have earned nine (9) credits in early childhood education;

The following teachers and assistant teachers shall be paid wages equivalent to District of Columbia Public School pre-K teachers or assistant teachers, respectively, based on years of experience:

A teacher that holds a bachelor’s degree in early child development, early childhood education, or child and family studies or who has a bachelor’s degree and has completed eighteen (18) credits in child development, early childhood education, or child and family studies;

An assistant teacher that holds an associate’s degree in early childhood education or who has completed nine (9) credits in child development, early childhood education, or child and family studies;

A professional development and training plan for pre-K teachers and assistant teachers;

High quality pre-K programs shall provide opportunities for the parents of children to participate in and support the program’s educational mission as active partners in their child’s learning and development. High quality pre-K programs shall be supportive and sensitive to the cultural and linguistic backgrounds of the parents. High quality pre-K programs shall plan activities to increase parent participation such as encouraging families to volunteer their time, talents, special skills, and experiences. High quality pre-K programs shall plan educational workshops for parents, hold two (2) parent- teacher conferences a year, and provide other activities that foster family partnership over the program year. Parents shall be given timely notice in advance of each enrichment opportunity. Documentation of the offered parent activities and of the family participation is required and shall be submitted along with a site’s quarterly report;

A plan that meets OSSE’s requirements to ensure inclusion of children with disabilities, in accordance with Federal law;

High quality pre-K programs shall provide and maintain at all times safe, secure, and developmentally appropriate space for use as classrooms. The classrooms shall be of sufficient size to provide a minimum of thirty-five (35) square feet of interior, usable space per child which space shall be accessible to children with disabilities in accordance with the Americans with Disabilities Act;

High quality pre-K programs shall ensure that the daily active play for each pre-K age child includes, at a minimum, two (2) hours of active play time, including a minimum of forty-five (45) minutes of outdoor play time, weather permitting. In inclement weather, active play shall be encouraged and supported in a safe indoor play area;

High quality pre-K programs shall be licensed according to Chapter 3 of Title 29 of the District of Columbia Municipal Regulations (29 DCMR), prior to the receipt of funding. All participating sites shall remain in compliance with the licensing requirements as defined by 29 DCMR regulations;

Maintain a process for continuous improvement, ongoing classroom assessments, and the collection of authentic child assessment data at least three (3) times a year; and

Provide comprehensive health and support services for all children enrolled in the program. High quality pre-K programs shall ensure all children receive within forty-five (45) days of enrollment a developmental screening that includes assessments of social and emotional development. High quality pre-K programs shall also ensure children receive vision and hearing screenings.

3501.2 Designation as a high quality pre-K program is solely for the purpose of obtaining pre-K enhancement and expansion funding.

3501.3 The Office of the State Superintendent of Education (“OSSE”) may waive compliance with one or more of the high quality standards in Subsection 3501.1 for no more than twelve (12) months if:

(a) The pre-K CBO seeking a waiver received pre-K enhancement and expansion funding from OSSE previous to its request for a waiver;

(b) OSSE determines that the immediate economic impact on the pre-K CBO is sufficiently great to make immediate compliance temporarily impractical;

(c) OSSE determines that the pre-K CBO is meeting or exceeding the intent of the high quality standard(s) for which waiver is requested; and

(d) OSSE determines that granting a waiver to the pre-K CBO is in the best interest of children receiving care at the pre-K CBO.

3501.4 A pre-K CBO may apply for a waiver by submitting a written request to OSSE that shall include the following:

The pre-K CBO's name, address, and its assigned license number;

Citation of each standard for which a waiver is being sought;

Explanation and description of the extent to which the pre-K CBO seeks to be waived from the standard;

Timeframe in which the pre-K CBO anticipates coming into compliance with the standard;

Proof of the immediate economic impact of compliance on the pre-K CBO;

Proof that the intent of the specific standard shall be achieved in a manner other than that prescribed by the standard; and

All other relevant information regarding the alleged hardship.

3501.5 Any waiver of a standard shall be at the discretion of OSSE and may be revoked by OSSE at any time, either upon violation of any condition attached to it or upon the determination of OSSE that continuance of the waiver is no longer in the best interest of children receiving care at the pre-K CBO.

3501.6 A determination by OSSE that the pre-K CBO is not in compliance with the terms of the waiver shall void the waiver, require the pre-K CBO to become compliant with the standard, and may be the basis of additional enforcement action.

History

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016); as amended by Final Rulemaking published at 63 DCR 4872 (April 1, 2016); as amended by Final Rulemaking published at 64 DCR 6770 (July 21, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3501

5-A DCMR § 3502 PRE-K ENHANCEMENT AND EXPANSION FUNDING

3502.1 OSSE shall ensure that funding allocated to CBOs providing high quality pre-K education services, pursuant to this chapter, supplements and does not supplant existing federal and local funding sources available for education services for pre-K age children in the District of Columbia, including but not limited to funding available through subsidized child care programs and the Head Start program, as appropriate.

3502.2 High quality pre-K programs receiving pre-K enhancement and expansion funding shall only use the funding provided under this chapter to maintain the pre-K high quality standards as defined in Section 201 of the Pre-K Enhancement and Expansion Amendment Act (D.C. Official Code § 38-272.01) and in this chapter.

3502.3 If a child enrolled in a high quality pre-K classroom loses funding provided through a subsidized child care program because the child, or parent or guardian of the child, is no longer eligible to receive the subsidy, funds allocated pursuant to this chapter may be used to cover the cost of delivering child care services to ensure continuity of services for the child. Such a child shall remain enrolled in the current educational setting and classroom regardless of his or her subsidy status, unless both the high quality pre-K program and the child’s parent or guardian determine that another environment is more appropriate to serve the needs of the child. High quality pre-K programs shall help the child’s family regain and restore eligibility for the subsidized child care program when possible. High quality pre-K programs shall work closely with families to anticipate potential changes to subsidized child care, such as loss of work and annual redetermination. If a family is not able to restore subsidized child care, funds allocated pursuant to this chapter may be used to cover the full cost of maintaining the child’s continued participation in the high quality pre-K program, including child care services.

3502.4 The funds allocated pursuant to this chapter may also be used to cover the full UPSFF costs for a child who is enrolled in a high quality pre-K program classroom, but is not eligible for subsidized child care.

3502.5 High quality pre-K programs providing year-round services to pre-K age children for more than six and a half (6.5) but no more than ten and a half (10.5) hours a day are eligible to receive pre-K enhancement and expansion funding to provide pre-K education services for no more than six and a half (6.5) hours for each child for no more than one hundred eighty (180) days.

3502.6 All Head Start, subsidized child care program, and pre-K enhancement and expansion funding policies and regulations shall be applied to the respective student, with the most stringent standard from either program adhered to.

History

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3502

5-A DCMR § 3503 APPLICATION FOR HIGH QUALITY DESIGNATION

3503.1 OSSE shall accept applications for high quality designation on an annual basis.

3503.2 OSSE shall require all pre-K programs designated as high-quality to re-apply for high quality designation every three (3) years. Each pre-K program designated as high-quality shall submit to OSSE, by August 1st of each year, a projection of the number of pre-K age children it anticipates enrolling, including the projected number of children eligible and receiving subsidized child care.

3503.3 All CBOs designated prior to January 2015 as high quality pre-K programs for the purposes of pre-K enhancement and expansion funding shall re-apply for high quality designation pursuant to the requirements of this chapter in order to be eligible for UPSFF funding beginning with the 2016-2017 school year.

3503.4 All CBOs who meet the eligibility requirements and the pre-K high quality standards as defined in this chapter, may apply for high quality designation pursuant to the requirements of this chapter in order to be eligible for UPSFF funding beginning with the 2015-2016 school year.

3503.5 Applications for high quality designation shall be in a format and shall contain the information designated by OSSE.

3503.6 OSSE shall verify each of the eligibility criteria for the high quality designation and determine whether the CBO providing pre-K education services meets all of the high quality standards.

History

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3503

5-A DCMR § 3504 DISTRIBUTION OF PRE-K ENHANCEMENT AND EXPANSION FUNDING

3504.1 Pre-K enhancement and expansion funding shall be provided in the manner set forth in this section to eligible District of Columbia high quality pre-K programs that meet the eligibility requirements set forth in this chapter and maintain the high quality standards set forth in this chapter.

3504.2 OSSE shall allocate the pre-K enhancement and expansion funds as follows:

(a) FY 2015 pre-K enhancement grantees, CBOs that received funding in 2014-2015 school year, that meet the eligibility requirements set forth in this chapter, and have maintained the high quality standards set forth in this chapter shall receive funding, per student, as appropriate, in an amount not to exceed the UPSFF for a six and a half (6.5) hour day, one hundred and eighty (180) days a year.

(b) If there is any funding remaining after OSSE has allocated the pre-K enhancement and expansion funding to the FY 2015 pre-K enhancement grantees, OSSE shall:

Determine if there is sufficient funding to allocate supplemental funding in an amount not to exceed the UPSFF for a six and a half (6.5) hour day for one hundred eighty (180) days for each student enrolled in a high quality pre-K program that filed an application designation as a high quality program and that meets the eligibility requirements and the high quality standards set forth in this chapter.

If there is not sufficient funding to allocate to every such high quality pre-K program that meets the eligibility requirements and the high quality standards set forth in this chapter, OSSE shall distribute funding to each such high quality pre-K program that:

Meets the eligibility requirements and the high quality standards set forth in this chapter; and

Serves a student population where the percentage of children enrolled are eligible for and receiving subsidized child care or Head Start funding is equal to or exceeds thirty-five percent (35%) of the total enrolled pre-k child population.

If there is not sufficient funding to allocate to every high quality pre-K program that meets the requirements set forth in subparagraph (2) of this paragraph, OSSE shall distribute funding to each high quality pre-K program that:

Meets the eligibility requirements and the high quality standards set forth in this chapter;

Serves a student population where the percentage of children enrolled are eligible for and receiving subsidized child care funding or Head Start funding is equal to or exceeds thirty five percent (35%) of the total enrolled pre-k child population; and

Serves a student population in a high need community.

3504.3 The actual amount of funding allocated to each high quality pre-K program will be based on the number of pre-K age children served by the high quality pre-K program, as verified by OSSE’s annual enrollment audit pursuant to D.C. Official Code § 38-1804.02(b)(3), and minus any other local or federal funding sources available for education services for pre-K age children in the District of Columbia, including but not limited to subsidized child care and the Head Start Program, as applicable.

3504.4 If the amount appropriated to OSSE is insufficient to fund all high quality pre-K programs that meet the eligibility requirements and the high-quality standards set forth in this chapter, OSSE may distribute the funds through a competitive grant process.

History

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3504

5-A DCMR § 3505 PRE-K ENHANCEMENT AND EXPANSION GRANT

3505.1 This section applies to allocation of pre-K enhancement and expansion funding through a competitive grant process.

3505.2 For each competitive grant cycle, OSSE shall make available a request for funding application (RFA).

3505.3 To be eligible to apply for a grant, an applicant shall:

Be a CBO;

Provide all assurances required in the RFA, and

Meet any other requirements set forth in the RFA.

3505.4 The maximum funding available for a pre-K grant for each competitive grant cycle shall be specified in the RFA.

3505.5 A pre-K grant shall be used only to assist eligible pre-K programs in maintaining the high quality standards and program requirements.

3505.6 Grants awarded through the pre-K funding shall supplement, not supplant, any federal, local, or other funds received by a CBO providing education programs for pre-K age children in the District.

3505.7 OSSE reserves the authority to define the terms of pre-K grants in the RFA for each pre-K grant competition.

History

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3505

5-A DCMR § 3506 MONITORING

3506.1 OSSE shall have the authority to monitor high quality pre-K programs at any time to verify their continued eligibility, and may revoke the high quality designation based upon a finding that the school does not meet the eligibility criteria. A high quality pre-K program shall cooperate with any monitoring conducted by OSSE pursuant to this subsection, and failure to do so may result in loss of high quality designation.

3506.2 A high quality pre-K program that receives pre-K enhancement and expansion funding shall submit monthly reports and a final report to OSSE, in a format and manner as determined by OSSE. The monthly report shall be due no later than ten (10) business days after the end of each month during the funding period, and the final report shall be due no later than fifteen (15) business days after the end of the funding period. Reports shall include copies of all invoices for all expenditures made with pre-K enhancement and expansion funding, enrollment and attendance reports, and specific measurable activities and outcomes reports.

3506.3 A high quality pre-K program that receives pre-K enhancement and expansion funding shall submit individual child outcome assessment data for all pre-K age children enrolled on November 30, February 28, and May 31 of each program year.

3506.4 A high quality pre-K program that receives pre-K enhancement and expansion funding shall:

Submit budget amendment and modification requests to OSSE and obtain approval from OSSE before expending pre-K enhancement funds for a purpose that was not included in the original approved budget;

Maintain accurate and complete records of all activities supported by the grant for three (3) years after the end of the funding period or such longer period as may otherwise be specified by OSSE;

Maintain records that document initial and periodic assessments, initial and periodic plans, and the ongoing progress of program activities; and

Ensure confidentiality and prevent unauthorized access to records. Programs shall maintain all records, including required reports, documents, and files on-site, in a properly secured cabinet or location. Records shall be accessed by authorized personnel only.

3506.5 OSSE shall monitor a high quality pre-K program that receives pre-K enhancement and expansion funding throughout the funding period. OSSE’s monitoring may include, but is not limited to, scheduled and unscheduled visits to the high quality pre-K program’s facility or principal place of business.

3506.6 A high quality pre-K program that receives pre-K enhancement and expansion funding shall fully cooperate with authorized representatives of the Government of the District of Columbia, including OSSE, and shall provide them access to facilities, staff, and records related to the allocation of pre-K enhancement and expansion funding upon request.

History

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3506

5-A DCMR § 3507 FAILURE TO MAINTAIN HIGH QUALITY PRE-K PROGRAM

3507.1 If a high quality pre-K program that receives pre-K enhancement and expansion funding fails to comply with the terms of the distribution or applicable federal or District of Columbia laws or regulations, OSSE may, after giving reasonable written notice to the recipient, terminate the funding in whole or in part and/or, in its discretion, place the high quality pre-K program that received pre-K enhancement and expansion funding on probation to ensure compliance. In the absence of extenuating circumstances, reasonable notice shall be no less than thirty (30) calendar days

3507.2 OSSE shall provide to the high quality pre-K program that received pre-K enhancement and expansion funding written notice of termination or probation, and, if applicable, required remedial action. The notice shall state with specificity the reasons for the termination or probation, the specific remedial action required of the high quality pre-K program, and the effective date of the termination or placement on probation.

3507.3 OSSE may in its discretion make the termination effective in less than thirty (30) days, if a delayed effective date would be unreasonable under the circumstances, taking into consideration the responsibility to protect the public interest.

3507.4 A high quality pre-K program placed on probation status shall be required to complete a corrective action plan and may have its funding withheld until all identified noncompliance is corrected.

3507.5 A corrective action plan shall include strategies to regain compliance. OSSE may provide technical assistance during the preparation of the corrective action plan. Failure to correct all areas of noncompliance may result in a recommendation to terminate funding to the program.

3507.6 A high quality pre-K program may request review of a decision by OSSE to terminate the funding or probation. A request for review shall be submitted in writing to OSSE at any time before the effective date of the termination or probation, or within thirty (30) calendar days of the date the recipient received notice of termination, whichever is longer. The written request for review shall include the following:

A concise statement of facts regarding each specified reason for the termination or required remedial action;

The specific basis for contesting each reason;

The specific relief requested; and

Two (2) copies of all documentary evidence supporting the recipient’s positions.

3507.7 Review of the high quality pre-K program’s request shall be performed by an OSSE employee designated by the State Superintendent of Education and such person shall not have participated in the decision to designate the CBO as a high quality pre-k program, the allocation or award of pre-K enhancement and expansion funding, or the decision to terminate the funding. The decision of the reviewer shall be final.

History

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3507

5-A DCMR § 3599 DEFINITIONS

For the purposes of this chapter, the following terms shall have the meanings ascribed:

“Accreditation” means approval by a nationally recognized accrediting body or other body satisfying similar standards as approved by OSSE.

“Child Development Associate” or “CDA” means a credential obtained under the award system of the Council for Professional Recognition.

“Community-based organization” or “CBO” means a Head Start or early childhood education program operated by a non-profit, for-profit, or faith-based organization, or organization that participates in local or federally-funded early childhood programs, including the Child Care Subsidy.

“Enrolled” means a child has been accepted and attended at least one classroom in the high quality pre-K program.

“FY15 Pre-K Enhancement Grantees” means the CBOs that received a Pre-K Enhancement grant in the 2014-2015 school year.

“Head Start” means the federal program for children ages three (3) to five (5) years old that promotes the school readiness of young children from low-income families pursuant to the Improving Head Start for School Readiness Act of 2007, approved December 12, 2007 (121 Stat. 1363, 42 U.S.C. §§ 9801 et seq.), and its implementing regulations.

“High need community” means a geographically defined area, such as a neighborhood or Ward within the District that is currently underserved by high quality pre-k programs, based on the number and percentage of three (3)- and four (4)-year-olds not enrolled in a high quality pre-K program provided by the District of Columbia Public Schools, public charter schools, or a community based organization.

“High quality pre-K program” means a program providing pre-K education services to pre-K age children operated by a CBO, designated by OSSE, as a program meeting and maintaining the high quality standards and program requirements for pre-K programs pursuant to D.C. Official Code § 38-272.01 or as provided in this chapter.

“High quality standards” means the high quality standards for pre-K programs pursuant to D.C. Official Code § 38-272.01 or as updated in any subsequent regulations or legislation.

“OSSE” means the Office of the State Superintendent of Education.

“Pre-K age children” means children who are (i) three (3) years of age on or before September 30 of the program year for which the child is being enrolled; (ii), four (4) years of age; or (iii) five (5) years of age after September 30 of the program year for which the child is being enrolled.

“Pre-K education service” means the purposeful, well planned and developmentally appropriate practice and instruction provided by community-based organizations to pre-K age children.

“Pre-K enhancement and expansion funding” means funding to be distributed by the OSSE, subject to availability, to community based organizations pursuant to the Pre-K Enhancement and Expansion Amendment Act of 2008, effective July 18, 2008 (D.C. Law 17-202; D.C. Official Code §§ 38-271.01 et seq.).

“Program year” means the thirty-nine (39) weeks of a year, for a total of one hundred eighty (180) days, that the high quality pre-K program offers pre-K education services.

“Subsidized child care” means part-time or full-time child care services, subsidized in whole or in part to eligible families pursuant to local and federal law, including but not limited to Sections 5a and 6 of the Day Care Policy Amendment Act of 1998, effective April 13, 1999 (D.C. Law 12-216; D.C. Official Code §§ 4-404.01 and 4-405), 29 DCMR § 380 (“Direct-Subsidized Child Care Services”), and the Child Care and Development Block Grant Act of 2014, approved November 19, 2014 (Pub. L 113-186, 128 Stat. 1971).

“Uniform per student funding formula” or “UPSFF” means the amount of funding provided for each student attending a public school in the District of Columbia, pursuant to Section 2401 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C Official Code § 38-1804.01).

History

SOURCE: Final Rulemaking at 63 DCR 1251 (February 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 3599

5-A50 STUDENT RESIDENCY

5-A DCMR § 5000 GENERAL PROVISIONS

GENERAL PROVISIONS

The purpose of this chapter is to establish procedures for residency verification and non-resident investigation for all students attending District of Columbia Public Schools (“DCPS”) and public charter schools in the District.

The review of all contested residency cases within DCPS and public charter schools, the promulgation of procedures for residency verification, and the enforcement of residency and tuition payment requirements shall be the sole and exclusive responsibility of the Office of the State Superintendent of Education (“OSSE”), or its designee, as provided in these regulations, effective October 1, 2017.

Policies and procedures related to residency verification and enrollment shall be available to the public and shall be posted on OSSE and local education agency (“LEA”) websites.

Residency verification and non-resident investigation policies and practices of an LEA or school shall not create barriers to the identification of, or enrollment of, attendance, or success in school of, students experiencing homelessness, or undocumented students.

History

SOURCE: Final Rulemaking published at 48 DCR 9358 (October 12, 2001), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 5971 (June 29, 2001); as amended by Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5000

5-A DCMR § 5001 ESTABLISHING STUDENT RESIDENCY

ESTABLISHING STUDENT RESIDENCY

All pre-K age and school aged children or eligible adult students who establish bona fide residency in the District of Columbia, may attend a District of Columbia public school or District of Columbia public charter school (collectively a “District public school”), a publicly funded pre-Kindergarten (“pre-K”) program in a community-based organization, or other school or educational program with funding provided by the District of Columbia, free of charge.

A resident student shall have priority over a non-resident student seeking admission to a District public school, or other school or educational program with funding provided by the District of Columbia.

In the absence of evidence to the contrary, residency for students under eighteen (18) years of age and not emancipated shall be presumed to be the bona fide residence of the student’s parents, guardian, custodian or other primary caregiver, as defined in this chapter.

For the purposes of Sections 5001 to 5005, adult students, self-supporting or the parents, guardians, custodians, or other primary caregiver of a minor student, shall be referred to as the person seeking to enroll the student.

The District of Columbia is the bona fide residence of the person seeking to enroll the student if:

The person has established a physical presence in the District of Columbia; and

The person has submitted valid and proper documentation in accordance with Subsections 5004.2 or 5004.3.

In the event the student’s parents do not maintain the same residency and do not have a formal custodial agreement entered into by a court of competent jurisdiction, the student shall be presumed to be a resident, if one of the parents has established bona fide residency in the District.

In the event the student’s parents do not maintain the same residency but do have a formal custodial agreement entered into by a court of competent jurisdiction awarding physical custody and legal custody to one or both parents, the student shall be presumed to be a resident, if:

The student’s parents share joint physical custody and joint legal custody of the student and at least one parent has established bona fide residency in the District;

The student’s parents share joint physical custody even if only one parent is awarded sole legal custody and the parent awarded sole legal custody has not established bona fide residency in the District but the parent not awarded legal custody has established bona fide residency in the District;

The parent awarded sole physical custody and sole legal custody has established bona fide residency in the District; or

The student’s parents share joint legal custody even if only one parent is awarded sole physical custody and the parent awarded sole physical custody has not established bona fide residency in the District but the parent not awarded physical custody has established bona fide residency in the District.

A student experiencing homelessness is not required to establish residency as a condition of enrollment in a District public school. The appropriate school official shall notify OSSE when a student is experiencing homelessness or may be suspected of experiencing homelessness and shall work with OSSE, as appropriate, to ensure proper identification and promptly provide the student with the available services and assistance required by the McKinney-Vento Act, and provide notice of the student’s educational rights.

An undocumented student is not required to provide proof of immigration status as a condition of enrollment in a District public school. The residency of an undocumented student, who is eligible for admission to a DCPS or public charter school, is established in accordance with Subsection 5004.7.

The residency of a ward of the District of Columbia, who is eligible for admission to a DCPS or public charter school, is established in accordance with Subsection 5004.8.

The residence of an adult student, who is eligible for admission to a DCPS or public charter school, is not the residence of the adult student’s parents, custodian, guardian or other primary caregiver, unless the adult student establishes residency in accordance with Subsection 5004.9.

The residency of a child of a minor parent, who is eligible for admission to a DCPS or public charter school, is established in accordance with Subsection 5004.10.

History

SOURCE: Final Rulemaking published at 48 DCR 9358 (October 12, 2001), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 5971 (June 29, 2001); as amended by Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5001

5-A DCMR § 5002 STUDENT RESIDENCY VERIFICATION

STUDENT RESIDENCY VERIFICATION

The residency of each student seeking to attend a District public school or receiving funding from the District of Columbia to attend another school or educational program shall be verified consistent with this chapter, and as described below:

Upon initial enrollment, the person seeking to enroll the student shall establish residency in the District of Columbia, including an acknowledgement confirming responsibility for tuition payment for any period of time the student is determined to be a non-resident while enrolled and attending a District public school;

Each student attending a District public school or receiving funding from the District of Columbia to attend another school or educational program shall establish residency annually; and

The current LEA of enrollment shall verify each student’s residency annually.

Except as provided in Subsection 5002.3, annual residency verification of a student’s bona fide residence by the current LEA of enrollment shall include:

Completion of a residency verification form provided by OSSE;

Submission and review of documentation to establish District residency as provided in either Subsections 5004.2 or 5004.3; and

Submission and review of other primary caregiver documentation, as required.

Annual residency verification of a school age student, as defined in this chapter, whose bona fide residence was verified by the current LEA of enrollment in the prior school year and who maintains bona fide residence in the District of Columbia, may be limited to the submission of a residency verification form, as provided by OSSE and completed by the person seeking to enroll the student, which shall include the following:

Written confirmation that affirms that student’s bona fide residence in the District has remained the same;

Appointment of OSSE, or another specifically designated District agency identified by OSSE, such as the Office of Tax and Revenue, as the representative authorized to verify student’s residency status through an interagency data-sharing process; and

Consent to random verification of student’s residency status through an interagency data-sharing process.

Even if annual residency verification is completed pursuant to Subsection 5002.3, OSSE may, if it concludes that additional information is needed, seek further documentation to verify the student’s residency or otherwise investigate the residency status of the student.

Even if annual residency verification is completed pursuant to Subsection 5002.3, school official(s), if they reasonably conclude that additional information is needed, seek further documentation to verify the student’s residency or otherwise investigate the residency status of the student.

An adult student, self-supporting student, or parent(s), guardian(s), custodian(s) or other primary caregiver of a minor student attending a District public school or receiving funding from the District of Columbia to attend another school or educational program shall re-establish residency in the District if the student’s address of residency changes after October 5th of the school year and the current LEA of enrollment has completed the student’s annual residency verification.

A LEA shall verify District residency of a student who is funded to attend a school or educational program outside the District of Columbia public school system annually and as necessary, in accordance with this chapter. Nothing in this subsection shall prevent the placement of a student during the pendency of the residency verification.

The residency of a student who attends a school or educational program other than a public school in the District of Columbia and whose tuition is paid by the District of Columbia, shall be verified in conformance with the procedures set forth in this chapter.

At the time a student transfers from a District public school to another District public school, the receiving LEA shall be responsible for verifying residency and collecting the residency verification documents from the sending LEA, or from the student, student’s parents, guardian, custodian or other primary caregiver directly if residency verification documentation submitted is not available from the sending LEA. The receiving LEA shall maintain the student’s residency verification documentation.

A student shall be permitted to attend and remain enrolled in a school while his or her residency verification status is pending.

History

SOURCE: Final Rulemaking published at 48 DCR 9358 (October 12, 2001), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 5971 (June 29, 2001); as amended by Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5002

5-A DCMR § 5003 STUDENT RESIDENCY VERIFICATION: TIMING

STUDENT RESIDENCY VERIFICATION: TIMING

The residency of each student enrolled in a District public school shall be verified by the current LEA of enrollment, or its designee, not earlier than the date results of the District’s Common Lottery system are released and not later than October 5th, or ten (10) days of initial enrollment, whichever is later, for the school year that begins on or after July 1st of each year.

An LEA may require students to submit residency verification prior to OSSE’s October 5th deadline, but not later than OSSE’s October 5th deadline, unless the student has enrolled in the school after October 5th, in which case the student shall submit residency verification within ten (10) days of initial enrollment.

OSSE, or its designee, may investigate the residency status of a student or take other steps to verify the student’s residency status if student fails to provide adequate documentation to establish residency by October 5th of the current school year or (10) days following enrollment, whichever is later.

A student matched to the LEA through the Common Lottery system shall establish residency in the District of Columbia by the deadline set by the Common Lottery system for the school year that begins on or after July 1st of that same year. If the person enrolling the student is not able to establish residency by the LEA’s initial enrollment deadline, the LEA may consider the student’s space forfeited.

History

SOURCE: Final Rulemaking published at 48 DCR 9358 (October 12, 2001), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 5971 (June 29, 2001); as amended by Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5003

5-A DCMR § 5004 STUDENT RESIDENCY VERIFICATION: METHODS

STUDENT RESIDENCY VERIFICATION: METHODS

A person seeking to enroll the student shall provide documentation in compliance with this chapter and all relevant District of Columbia laws in order to establish residency.

One (1) of the following items shall establish bona fide residence in the District of Columbia for the purposes of this chapter:

Proof of payment of District personal income tax, in the name of the person seeking to enroll the student, for the tax period closest in time to the consideration of District residency;

A pay stub issued less than forty-five (45) days prior to consideration of residency in the name of the person seeking to enroll the student that shows his or her District residency and evidence of the withholding of District income tax;

Current official documentation of financial assistance received by the person seeking to enroll the student, from the District Government including, but not limited to Temporary Assistance for Needy Families (TANF), Medicaid, the State Child Health Insurance Program (SCHIP), Supplemental Security Income (SSI), housing assistance, or other governmental programs;

Confirmation, based upon completion and submission of a tax information authorization waiver form, by the District Office of Finance and Revenue of payment of District income taxes by the person seeking to enroll the student;

Current official military housing orders showing residency in the District of the person seeking to enroll the student; or

A currently valid court order indicating that the student is a ward of the District.

If person enrolling the student is unable to provide one (1) of the items in Subsection 5004.2, the person enrolling the student shall provide two (2) of the following items to establish bona fide residence in the District of Columbia for the purposes of this chapter:

A current motor vehicle registration in the name of the person seeking to enroll the student and evidencing District residency;

A valid unexpired lease or rental agreement in the name of the person seeking to enroll the student, and paid receipts or canceled checks (for a period within two (2) months immediately preceding consideration of residency) for payment of rent on a District residence in which the student actually resides;

A valid unexpired District motor vehicle operator’s permit or other official non-driver identification in the name of the person seeking to enroll the student; and

Utility bills (excluding telephone bills) and paid receipts or cancelled checks (from a period within the two (2) months immediately preceding consideration of residency) in the name of the person seeking to enroll the student that show a District residence address.

An LEA shall not accept any other documentation to establish or verify residency from a person seeking to enroll the student, unless except as authorized under procedures approved by OSSE pursuant to D.C. Official Code § 38-311 or any superseding statute.

Documentation to establish residency may be presented in the following manner:

Provided to the school principal or his or her designee by the person seeking to enroll the student, in person or by that person’s appointed representative;

Subject to implementation of an interagency data sharing process, pursuant to such a process with the consent of the person seeking to enroll the student; or

Pursuant to other District-wide policies or procedures approved by OSSE.

The principal or the principal’s designated employee may conduct a home visit to determine residency of the person seeking to enroll the student if:

The person seeking to enroll the student is unable to produce the documentation to establish District residency as required in Subsections 5004.2 or 5004.3; and

The person seeking to enroll the student provides written consent in a manner approved by OSSE.

A home visit to determine residency shall be limited to obtaining evidence that verifies the person seeking to enroll the student and the student reside at the District address.

An undocumented student may establish bona fide residence in the District of Columbia through one of the following:

Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the undocumented student’s parent(s), custodian, guardian or other primary caregiver;

A home visit pursuant to Subsection 5004.5; or

OSSE’s McKinney-Vento Act documentation if the student is an unaccompanied student.

A ward of the District of Columbia, including a foster child, may establish bona fide residence in the District of Columbia through one of the following:

Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the ward’s parent(s), custodian, guardian or other primary caregiver;

A home visit pursuant to Subsection 5004.5; or

A court order or official documentation from the District’s Child and Family Services Agency providing that the child is a ward of the District of Columbia.

An adult student may establish bona fide residence in the District of Columbia at the residence of his or her parent(s), custodian, guardian or other primary caregiver through one of the following:

Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the adult student or his or her parent(s), custodian, guardian or other primary caregiver;

A home visit pursuant to Subsection 5004.5; or

A signed statement, sworn under penalty of perjury, that an individual is the parent, custodian, guardian or other primary caregiver of the adult student and the adult student resides with him or her.

A minor parent seeking to enroll a child may establish bona fide residence in the District of Columbia of the child at the residence minor parent’s parent(s), custodian, guardian or other primary caregiver through one of the following:

Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the minor parent or his or her parent(s), custodian, guardian or other primary caregiver;

A home visit pursuant to Subsection 5004.5; or

A signed statement, sworn under penalty of perjury, that an individual is the parent, custodian, guardian or other primary caregiver of the minor parent and the minor parent resides with him or her.

A student living on embassy property in the District of Columbia shall establish bona fide residence in the District of Columbia through one of the following:

Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the student or his or her parent(s), custodian, guardian or other primary caregiver;

A home visit pursuant to Subsection 5004.5; or

A dated statement, signed by an appropriate embassy official and including the official embassy seal, issued within the twelve (12) month period before the date of the statement, stating the name of the person seeking to enroll the student and stating that the person (i) currently lives on embassy property in the District of Columbia or (ii) will reside on that embassy property, and that the embassy will confirm this during the relevant school year.

A self-supporting student seeking to enroll his or her self may establish bona fide residence in the District of Columbia through one of the following:

Documentation as required under Subsections 5004.2, 5004.3, or 5005.3 that is in the name of the self-supporting student;

A home visit pursuant to Subsection 5004.5; or

A court order or official documentation providing that the minor student who has been emancipated from parental control by marriage, operation of statute, or the order of a court of competent jurisdiction.

History

SOURCE: Final Rulemaking published at 48 DCR 9358 (October 12, 2001), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 5971 (June 29, 2001); as amended by Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5004

5-A DCMR § 5005 STUDENT RESIDENCY VERIFICATION: OTHER PRIMARY CAREGIVER

5005.1 In addition to establishing his or her residency status, a primary caregiver, other than the student’s parent, guardian or custodian, seeking to enroll a student in a District public school shall provide documentation that establishes his or her status as the student’s other primary caregiver.

5005.2 A minor student’s bona fide residence in the District of Columbia may be based upon that of another primary caregiver if:

(a) The student resides with the other primary caregiver;

(b) The other primary caregiver provides both (1) care or control; and (2) substantial support, for the student; and

(d) The student’s parents, guardians, or custodians are unable to provide both care or control, and substantial support due to adverse consequences such as serious family hardship.

5005.3 The status as another primary caregiver of each person seeking to enroll a student in a school shall be established through one of the following:

(a) Previous school records indicating that the student is in the care of the caregiver;

(b) Immunization or medical records indicating that the student is in the care of the caregiver;

(d) A signed statement, sworn under penalty of perjury, that he or she is the primary caregiver for the student; or

(e) An attestation from a legal, medical or social service professional attesting to the caregiver’s status relevant to the student.

5005.4 Documentation to establish or verify the status of other primary caregiver pursuant to Subsections 5005.3(d) or 5005.3(e) shall be in the form provided by OSSE.

5005.5 An LEA shall not accept any other documentation to establish or verify the status of other primary caregiver from a person seeking to enroll the student, unless approved by OSSE pursuant to D.C. Official Code § 38-311, or any superseding statute.

5005.6 Notwithstanding Subsection 5005.3, in limited exceptional circumstances, OSSE may determine that a child is a resident upon the written request of an LEA or person seeking to enroll a student, pursuant to D.C. Official Code § 38-302(d), if OSSE finds:

(a) That the care or control and the substantial support are supplied by the person or persons with whom a child is residing and the parent, guardian or custodian of such child is unable to supply such care or control and substantial support; or

(b) That such child is self-supporting.

History

SOURCE: Final Rulemaking published at 48 DCR 9358 (October 12, 2001), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 5971 (June 29, 2001); as amended by Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5005

5-A DCMR § 5006 STUDENT RESIDENCY VERIFICATION: MONITORING

STUDENT RESIDENCY VERIFICATION: MONITORING

OSSE may monitor a District public school to ensure proper verification of student residency. OSSE’s monitoring may include scheduled and unscheduled visits to the District public school or local education agency.

A District public school shall fully cooperate with authorized representatives of the Government of the District of Columbia, including OSSE, during a monitoring visit and shall provide them access to facilities, staff, records, and other information related to the verification of student residency, upon request.

History

SOURCE: Final Rulemaking published at 48 DCR 9358 (October 12, 2001), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 5971 (June 29, 2001); as amended by Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5006

5-A DCMR § 5007 NON-RESIDENT STUDENTS

NON-RESIDENT STUDENTS

A non-resident student enrolled in a District public school shall pay non-resident tuition consistent with provisions of this chapter.

An LEA may enroll a non-resident student after a determination is made by the LEA that space is available at a District public school because no qualified District resident is seeking admittance during the same period of time for the same grade at the relevant school location.

Current non-resident students who have been approved to attend a District public school may remain until the terminal grade of that school without re-application if:

The current non-resident student has paid in full the total non-resident tuition by July 15th of each school year that the non-resident student has been in attendance; and

The current non-resident student’s initial enrollment in the school was in accordance with all applicable policies, regulations and laws, and not based on false or fraudulent information.

Upon completion of a terminal grade of a school, current non-resident students who have been approved to attend a District public school are not guaranteed a space at a feeder or other District public school for the following grade. All non-resident students who wish to attend a feeder or other District public school for the following grade shall apply to enroll in the feeder or other District public school.

The following categories of non-resident students may be approved to attend a District public school even though the school is not otherwise open to non-resident students (subject to their payment non-resident tuition) in order to provide for continuity of instruction:

A student who is enrolled and attending the final grade level of a school who becomes a non-resident student during that school year; and

A student who would have re-enrolled in the final grade level of a school in September, but who became a non-resident student during the school year or summer prior to that final grade year.

A ward of the District of Columbia who is no longer a ward because he or she was placed in the permanent care and custody of a parent, guardian, or custodian who resides outside of the District of Columbia shall be approved to attend the District public school that he or she attended before being permanently placed, until the terminal grade of that school and is not required to pay non-resident tuition.

Except for those non-resident students covered under Subsections 5007.3, 5007.5, and 5007.6, all non-resident students who wish to continue to attend a District public school shall reapply to the school each year and the LEA shall determine each year whether space is available and whether the student may attend as provided for in this section.

Upon request, the head of an LEA, a principal of a school, or the designee of any of them, shall provide to OSSE, or its designee, all waiting lists that were in effect or established during the time period(s) that a non-resident student attended or was enrolled at its school or campus.

A non-resident student attending a District public school shall be officially enrolled at the school and reported on the school’s roster as a non-resident student.

History

SOURCE: Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5007

5-A DCMR § 5008 NON-RESIDENT STUDENTS: INVESTIGATIONS

NON-RESIDENT STUDENTS: INVESTIGATIONS

Upon request, the head of an LEA, a principal of a school, or his or her designee shall provide to OSSE, or its designee, any and all documentation necessary to facilitate non-residency investigations within five (5) business days.

OSSE, or its designee, may investigate the residency status of a student or take other steps to verify the student’s residency status if the student fails to provide adequate documentation to establish residency by October 5th of the current school year or ten (10) days following enrollment, whichever is later.

Proof of District residency which appears to be satisfactory neither prevents OSSE or school officials, with reasonable basis, from seeking further information to verify the student’s residency or the other primary caregiver status of the adult enrolling the student, nor prevents OSSE, or its designee, from investigating the residency of the student or the residency or other primary caregiver status of the adult.

Upon request, the person seeking to enroll a student shall provide to OSSE or an appropriate school official, or the designee of either, documentation to establish residency in accordance with the requirements set forth in Section 5004 or any other documentation necessary to facilitate non-residency investigations within ten (10) days of the request.

OSSE or its designee shall investigate allegations of non-residency and summarize the results of the investigation in a written report within a reasonable timeframe.

OSSE shall make the results of an investigation available to the LEA, the person seeking to enroll the student, the District of Columbia Office of the Inspector General and the District of Columbia Office of the Attorney General, upon request.

History

SOURCE: Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5008

5-A DCMR § 5009 NON-RESIDENT STUDENTS: FINDING OF NON-RESIDENCY AND NOTIFICATION

NON-RESIDENT STUDENTS: FINDING OF NON-RESIDENCY AND NOTIFICATION

Based on the information gathered from an investigation, the residency verification process or otherwise, OSSE may issue a finding that a student is not a resident of the District of Columbia.

When OSSE issues a finding that a student is not a resident of the District of Columbia, OSSE shall provide the adult student, the self-supporting student, or the parent, guardian, custodian or other primary caregiver of the minor student written notification of the finding and an opportunity for review as specified in this chapter. The written notification shall be delivered by OSSE through the following methods:

By mail to the last known home, work or school address on file with the LEA for the student and to the out-of-District address of record, if any; and

By email, to the last known e-mail address of the person seeking to enroll the student, if known to OSSE.

The written notification shall:

Include the basis for finding that the student is a non-resident;

Notify the student or student’s parent, guardian, custodian or other primary caregiver that they have ten (10) business days from the date the written notification is issued to request an administrative review of the non-residency finding by an impartial party or office assigned by OSSE to review such matters and render a final decision;

Explain that the student may remain enrolled at that school he or she is attending school until a final administrative decision is made;

Explain that unless OSSE receives a request for administrative review of the non-residency finding within ten (10) business days after the date of the written notification, the non-resident finding will become the final administrative decision, the student will be disenrolled from the school, and tuition will be owed for period of time in which the student was enrolled but was not a District resident; and

State that if the student is voluntarily or involuntarily disenrolled from school before a final decision is made that the student was or is in fact not a District resident, the District shall calculate the a pro-rated amount of non-resident tuition owed, reflecting the student’s time at the school while he or she was a non-resident, how and by when payment should be made, and that OSSE may take any authorized action to collect this amount.

History

SOURCE: Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5009

5-A DCMR § 5010 NON-RESIDENT STUDENTS: ADMINISTRATIVE REVIEW OF CONTESTED RESIDENCY CASE AND FINAL DECISION

NON-RESIDENT STUDENTS: ADMINISTRATIVE REVIEW OF CONTESTED RESIDENCY CASE AND FINAL DECISION

Requests for an administrative review of an OSSE non-resident finding shall be filed with OSSE no later than ten (10) business days after the date the written notification of the non-resident finding is issued. If a request for review is not received within a timely manner, and no corrective actions are confirmed to have been taken on behalf of the student, the finding of non-residency, and the proposed decisions to disenroll the student from the school and assess tuition, shall become the final administrative decision of the agency.

OSSE shall refer a request for review of a contested residency case to an impartial hearing officer or administrative review office for a final administrative decision. Any hearing shall be conducted pursuant to Section 10 of the District of Columbia Administrative Procedure Act, effective March 25, 1977 (D.C. Law 1-96; D.C. Official Code § 2-509 (2016 Supp.)).

OSSE shall refer a request for review of a contested residency case to the designated hearing officer or administrative review office by filing a copy of the request for review that it received, along with a statement that OSSE requests the hearing officer or administrative review office to hear and decide the case.

In all contested residency cases, the hearing officer or administrative review office assigned to hear the case shall set the hearing date and issue the hearing notice.

The presiding hearing officer or Administrative Law Judge shall issue a final decision in all contested residency cases assigned to him or her. The hearing officer or Administrative Law Judge’s final decision shall be in writing and shall be the final administrative decision of OSSE. The statement of appeal rights required by Section 5011 shall be attached to or included in the written final administrative decision.

In contested residency cases, the adult student, self-supporting student, or ward, or the parent, custodian, or guardian of the minor student who is claiming District of Columbia residency has the burden of proving residency status for the purpose of establishing whether the student may enroll in and attend a District public school tuition-free.

The presiding hearing officer or Administrative Law Judge shall be governed by the Office of Administrative Hearings Rules at 1 DCMR §§ 2905-2909, that are used in DCPS residency cases to address procedural issues, to the extent possible and as appropriate to encourage consistency across District public schools in the residency verification process. Where the Office of Administrative Hearings (“OAH”) rules for DCPS residency cases do not address a procedural issue, the hearing officer or Administrative Law Judge shall be guided by the OAH Rules of Practice and Procedure. Where the OAH Rules of Practice and Procedure do not address a procedural issue, the hearing officer or Administrative Law Judge shall be guided by the District of Columbia Superior Court Rules of Civil Procedure to decide the issue.

The office assigned by OSSE to hear contested residency cases may establish written standard operating procedures to guide parties in contested residency cases through the process of an administrative review before a hearing officer.

In all contested residency cases, the currently enrolled student shall be allowed to continue to attend school without prepayment of tuition, pending the final administrative decision.

History

SOURCE: Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5010

5-A DCMR § 5011 NON-RESIDENT STUDENTS: APPEAL RIGHTS

NON-RESIDENT STUDENTS: APPEAL RIGHTS

Every appealable decision issued by a hearing officer or Administrative Law Judge in a contested residency case shall include a statement of the appeal rights described in this section.

A party to a contested residency case who is aggrieved by a decision of the hearing officer or Administrative Law Judge assigned to his or her case has 30 calendar days from the date the decision was issued to file an appeal to the D.C. Court of Appeals.

The filing of an appeal or a petition for review will not automatically stay (or delay) the date a final decision goes into effect.

Any party may file a motion to stay a final decision pending appeal. Any party may file a motion to stay the effective date of a final decision that has been issued. A motion for a stay shall include the reasons for granting the stay.

In determining whether to grant a stay, the hearing officer or Administrative Law Judge may consider the following factors: whether the party filing the motion is likely to succeed on the merits, whether denial of the stay will cause irreparable injury, whether and to what degree granting the stay will harm other parties, and whether the public interest favors granting a stay.

History

SOURCE: Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5011

5-A DCMR § 5012 NON-RESIDENT STUDENTS: ACTION UPON FINAL DECISION

NON-RESIDENT STUDENTS: ACTION UPON FINAL DECISION

OSSE shall provide notice of a final administrative decision in a matter involving non-residency to the LEA.

Upon receiving notice from OSSE that a final administrative decision has been made that a student is a non-resident and an appeal of the final administrative determination has not been timely requested, the LEA shall:

Update the student records to reflect his or her appropriate residency, tuition, and enrollment status, including, but not limited to, the following systems as appropriate: the LEA data systems; state level reporting and data systems including without limitation, the Student Longitudinal Educational Data system and the Specialized Education Data System; and Public Charter School Board data system;

Notify OSSE if the student voluntarily or involuntarily un-enrolls from the school, so that the District may take action, including legal action, to collect tuition owed; and

Ensure that any action requiring withdrawal of a non-resident student with an Individual Education Program shall be consistent with the requirements of the Individuals with Disabilities Education Act (“IDEA”), 20 U.S.C. §§ 1400 et seq. and other applicable federal and local laws and regulations.

A matter involving non-residency shall be referred by OSSE to the Office of the Attorney General and may be referred to the Office of Inspector General for appropriate legal action if there is evidence that an individual knowingly supplied false information in connection with residency verification.

History

SOURCE: Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5012

5-A DCMR § 5013 NON-RESIDENT STUDENTS: TUITION PAYMENTS

NON-RESIDENT STUDENTS: TUITION PAYMENTS

Adult non-resident students or the parents, guardians, custodians or other primary caregiver of a minor non-resident student attending a District funded school shall be subject to and responsible for non-resident tuition payments consistent with this chapter.

Non-resident tuition payments shall be made payable to “D.C. Treasurer” and delivered to OSSE in a timely manner in accordance with OSSE’s tuition collection process or policy, or the applicable tuition payment agreement if one exists. OSSE shall provide the responsible individual with confirmation that it has received the non-resident tuition payments.

If the tuition payment of a current non-resident student who has been approved to attend a District public school is delinquent for a period of ninety (90) days or more, OSSE may exclude the non-resident student from attending a District public school based on non-payment.

In the event a District public school has already received Uniform Per Student Funding Formula (“UPSFF”) funding for a student found to be a non-resident, the District may withhold a portion of the school’s subsequent funding, equal to the amount of UPSFF funding previously distributed to the LEA for the student found to be a non-resident.

All agreements regarding the tuition payment for the non-resident student shall be in writing.

A LEA shall maintain a tuition payment agreement and a written record of tuition payments, if available, in a student’s permanent file, which shall be made available during the annual enrollment audit and upon request by OSSE, or another government agency, for each non-resident student.

A matter involving tuition payments for non-residents may be referred by OSSE to the Office of the Attorney General for collection of tuition payments.

History

SOURCE: Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5013

5-A DCMR § 5014 NON-RESIDENT STUDENTS: TUITION RATES

NON-RESIDENT STUDENTS: TUITION RATES

OSSE shall establish non-resident tuition rate determinations that reflect the amount necessary to cover all expenses incurred by the District public school as a result of the student’s use of the school’s services or the amount paid by the District of Columbia to fund the student’s services received at a school or educational program with funding provided by the District of Columbia.

Non-resident tuition rate determinations shall include the UPSFF amount, which includes all relevant weights associated with the UPSFF, the per pupil facilities allowance for public charter schools or other OSSE approved allowances as appropriate, and any other supplemental allocations.

OSSE may establish non-resident tuition rate determinations that exceed the UPSFF but shall be the amount necessary to cover all expenses described in Subsection 5014.1.

The rates may be pro-rated to reflect the portion of the school year during which the non-resident student will be enrolled.

History

SOURCE: Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5014

5-A DCMR § 5099 DEFINITIONS

5099.1 For the purposes of this chapter, the following terms shall have the meanings ascribed:

Adult Student – A student who is eighteen (18) years of age or older, or who has been emancipated from parental control by marriage, operation of statute, or the order of a court of competent jurisdiction.

Appointed Representative – An individual acting on behalf of a person, pursuant to his or her written authorization, in presenting to a school or chartering authority official documentation to establish or verify the District residency of the person seeking to enroll the student.

Care or Control – A parent, custodian, guardian, other primary caregiver, or person with whom a child is residing with is exercising primary responsibility to provide the child with guidance, maintenance, and physical care as follows:

Guidance is participation in the responsibility for the child's development on a daily basis. Such participation includes, but are not limited to, attending school conferences, disciplining the child, participating in decisions concerning the child's well-being and involvement in the child's extracurricular activities;

Maintenance is providing necessities such as food, clothing and shelter; and

Physical care is providing continuous care for the child by performing tasks required in the child’s daily life. Such tasks include, but not limited to, bathing, feeding, dressing, assuring medical attention will be received by the child, preparing meals, supervising the child’s activities and assisting with other physical care needs.

Chartering Authority – A District of Columbia entity authorized to grant charters for the establishment of public charter schools, pursuant to either the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code §§ 38-1802.01 et seq. (2012 Repl. & 2016 Supp.)), or the Public Charter School Act of 1996, effective May 29, 1996 (D.C. Law 11-135; D.C. Official Code §§ 1701.01 et seq. (2012 Repl. & 2016 Supp.)), as amended.

Child – A person who is less than eighteen (18) years of age.

Common Lottery – a single, random lottery that determines placement for new students at all participating schools, including but not limited to, public charter schools (PK3–12), DCPS out-of-boundary schools (PK3–12), all DCPS PK3 and PK4 programs, including in-boundary school; and DCPS selective citywide high schools (9–12) that is governed by the Common Lottery Board established by the Common Lottery Advisory Board Establishment Amendment Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code § 38-194 (2012 Repl. & 2016 Supp.)).

Custodian – A person to whom physical custody has been granted by a court of competent jurisdiction.

Formal Custody Agreement – A determination by a court of competent jurisdiction providing for the legal custody and physical custody of a child.

District Funded School(s) – Includes any public school, public charter school, private or public school outside of the District of Columbia receiving funding from the District of Columbia.

District of Columbia Public Schools or DCPS – The District of Columbia Public Schools system, not including public charter schools.

District Public School(s) – Includes any school within the District of Columbia Public Schools system or any District of Columbia public charter school.

Enroll and Enrollment – A process through which a student obtains admission to a public or public charter school that includes, at a minimum the following stages:

(a) Application by student to attend the school;

(b) Acceptance and notification of an available slot to the student by the school;

(c) Acceptance of the offered slot by the student (signified by completion of enrollment forms and parent signature on a “letter of enrollment agreement form”);

(d) Registration of the student in the Student Information System (SIS) by school upon receipt of required enrollment forms and letter of enrollment agreement; and

(e) Receipt of educational services, which are deemed to begin on the first official school day.

Guardian – A person who has been appointed legal guardian of a student by a court of competent jurisdiction.

Legal custody – A determination by a court of competent jurisdiction that a parent has legal responsibility for a child, which includes the right to make decisions regarding a child’s health, education, and general welfare.

Local Educational Agency or LEA – Pursuant to 20 U.S.C.S. § 7801(26)(A), a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.

McKinney-Vento Act – The McKinney-Vento Homeless Education Assistance Act of 1967 (101 Stat. 482; 42 U.S.C. §§ 11301 et seq.).

Office of the State Superintendent of Education or OSSE – The state level agency established by Chapter 26 of Title 38 of the D.C. Official Code.

Orphan – A child who resides in the District of Columbia and who does not have a living parent or guardian.

Other Primary Caregiver – The person other than a parent or court appointed custodian or guardian who is the primary provider of care and support to a child who resides with him or her, and whose parent, custodian, or guardian is unable to supply such care and support and submits evidence that he or she is the primary caregiver of the student in the manner provided in D.C. Official Code § 38-310 and this chapter.

Parent – The natural parent, stepparent, or parent by adoption who has custody or control of a student, including joint custody.

Pre-K age child – A child who is (i) three (3) years of age on or before September 30 of the program year for which the child is being enrolled; (ii), four (4) years of age; or (iii) five (5) years of age after September 30th of the program year for which the child is being enrolled.

Physical custody – A determination by a court of competent jurisdiction of a child’s living arrangements including where the child resides and any visitation schedule.

Physical presence – The actual occupation and inhabitance of a place of abode with the intent to dwell for a continuous period of time.

Public Charter School – A District of Columbia school authorized to operate by a chartering authority.

School – A public charter school, a school within the District of Columbia Public Schools system, a school in another state or a nonpublic school in the District of Columbia enrolling a student funded by the District of Columbia.

School-age student – A child who is between five (5) years of age on or before September 30 of the current school year and eighteen (18) years of age.

Self-supporting student – A minor student who has been emancipated from parental control by marriage, operation of statute, or the order of a court of competent jurisdiction.

Student experiencing homelessness – An individual who lacks a fixed, regular, and adequate nighttime residence. These individuals shall include pre-K age children, school-age children, or eligible adult students:

Sharing the housing of other persons due to loss of housing, economic hardship or similar reasons;

Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodation;

Living in emergency or transitional shelters, (including D.C. transitional housing);

In a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation or human habitation;

Living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings;

Living in a hospital due to abandonment;

Migratory children, as defined in Section 1309 of the Elementary and Secondary Education Act of 1965, (115 Stat. 1579; 20 U.S.C.§ 6399), who qualify as homeless because they live in circumstances described above; or

Unaccompanied youth, including youths who are not in physical custody of a parent or guardian, who qualify as homeless because they live in circumstances described above.

Serious Family Hardship – Death, incarceration, serious illness, abuse or neglect by parent, active military assignment, drug addiction or loss of habitability of a parent, guardian, or custodian.

Support – A parent, custodian, guardian, other primary caregiver, or person with whom a child is residing who is exercising primary responsibility to provide the child with financial resources for the child’s livelihood.

Uniform Per Student Funding Formula or UPSFF – The amount of funding provided for each student attending a public school in the District of Columbia pursuant to section 2401 of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321-107; D.C Official Code § 38-1804.01).

Waiting List – A roster of students maintained by the LEA or school of students seeking enrollment.

Ward – A child who is a District of Columbia foster child, either living in or outside of the District, or a child who is in the custody of a District of Columbia public child welfare agency or juvenile justice system.

History

SOURCE: Final Rulemaking published at 48 DCR 9358 (October 12, 2001), incorporating by reference the text of Proposed Rulemaking published at 48 DCR 5971 (June 29, 2001); as amended by Final Rulemaking published at 49 DCR 10593 (November 22, 2002), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 7552 (August 2, 2002); as amended by Final Rulemaking published at 64 DCR 3147 (March 31, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 5099

5-A51 [REPEALED].

5-A DCMR § 5100 NON-RESIDENT TUITION RATES

5100.1 The rates for non-resident students attending a District of Columbia Public School, including a Public Charter School, shall be equal to the District of Columbia’s Uniform Per Student Funding Formula per pupil allocations, including any applicable supplemental allocations, that are applied to operating budget appropriations for District of Columbia Public Schools and Public Charter Schools.

5100.2 The rates may be pro-rated to reflect the portion of the school year during which the non-resident student will be enrolled.

5100.3 The rates in this regulation apply to non-resident students enrolled in a regular school program of the District of Columbia Public Schools or a Public Charter School in the District of Columbia. Some schools may offer services that are not considered part of the regular school program, and participation in such programs may require payment of additional fees.

History

SOURCE: Final Rulemaking published at 56 DCR 2586 (April 3, 2009).

5-A54 APPEAL PROCEDURES FOR DENIAL OF A PETITION TO ESTABLISH A DISTRICT OF COLUMBIA PUBLIC CHARTER SCHOOL

5-A DCMR § 5400 GENERAL PROVISIONS

5400.1 A final written decision issued by an Eligible Chartering Authority denying a Petition to establish a public charter school in the District of Columbia is subject to review by an appropriate court of the District of Columbia or the State Superintendent of Education.

5400.2 These rules set forth procedures for an appeal to the State Superintendent of Education.

History

SOURCE: Final Rulemaking published at 56 DCR 4108 (May 22, 2009); as restated by Final Rulemaking published at 59 DCR 8184 (July 6, 2012).

5-A DCMR § 5401 FILING AND NOTIFICATION REQUIREMENTS

5401.1 An Eligible Applicant may appeal the Eligible Chartering Authority’s final written decision to the State Superintendent of Education no later than fifteen (15) business days after the date of the Eligible Chartering Authority’s decision.

5401.2 The notice of appeal shall contain the following information:

(a) The name of the Eligible Applicant including the name, signature, address, and telephone number of the Eligible Applicant’s representative, and other relevant contact information;

(b) The name of the Eligible Chartering Authority; and

5401.3 The Office of the State Superintendent of Education (OSSE) shall assign a case number to each appeal and provide written confirmation of receipt of the appeal to the Eligible Applicant and the Eligible Chartering Authority.

5401.4 A notice of appeal filed later than fifteen (15) business days after the date of the Eligible Chartering Authority’s final written decision denying a Petition shall be deemed out of time and shall be rejected by the OSSE with written notification to the Eligible Applicant and the Eligible Chartering Authority.

5401.5 An Eligible Applicant’s notice of appeal, the record, and all submissions related to an appeal shall be delivered to the OSSE, Attention: Office of the General Counsel, Charter School Petition Appeals, at the OSSE’s main address.

5401.6 All documents filed with regard to an appeal under this chapter shall include a Certificate of Service, signed by the authorized representative of the party filing a document.

5401.7 The Certificate of Service must state the following:

(a) The date and the method of service (for example, mail or hand delivery); and

(b) The names and addresses of the persons served in accordance with this chapter.

5401.8 When documents are mailed, three (3) business days shall be added to the mailing date for purposes of calculating time within this chapter.

History

SOURCE: Final Rulemaking published at 56 DCR 4108 (May 22, 2009); as amended by Final Rulemaking published at 59 DCR 8184, 8185 (July 6, 2012).

5-A DCMR § 5402 APPEAL RECORD

5402.1 No later than ten (10) business days after the date of a notice of an appeal, the Eligible Chartering Authority shall deliver to the OSSE and to the Eligible Applicant a copy of the final written decision denying the Petition and the record related to the Petition.

5402.2 The record shall consist of all documents relevant to the Petition and the Eligible Chartering Authority’s final written decision denying the Petition including without limitation:

(a) The Petition to establish a public charter school, including all exhibits to the Petition;

(b) The transcript of any public hearings or testimony before the Eligible Chartering Authority with regard to the Petition subject to appeal, including all exhibits referenced in the transcript;

(c) All other materials related to the Petition submitted by the Eligible Applicant to the Eligible Charting Authority; and

(d) The final written decision of the Eligible Chartering Authority.

History

SOURCE: Final Rulemaking published at 56 DCR 4108 (May 22, 2009); as amended by Final Rulemaking published at 59 DCR 8184, 8186 (July 6, 2012).

5-A DCMR § 5403 WRITTEN SUBMISSIONS

5403.1 No later than fifteen (15) business days after the date that the Eligible Chartering Authority delivers the Appeal Record referred to in § 5402, the Eligible Applicant shall submit to the OSSE a double spaced written submission in support of the appeal.

5403.2 The Eligible Chartering Authority shall respond no later than fifteen (15) business days after the date of the Eligible Applicant’s submission referred to in § 5403.1, with a double spaced written response to matters that the Eligible Applicant raised.

5403.3 Written submissions shall set forth precise statements in support of the position being taken on appeal with regard to challenging or supporting the Eligible Chartering Authority’s written decision including, as appropriate:

(a) Specific reasons and basis for disagreeing with the Eligible Chartering Authority’s final written decision; and

(b) How the Eligible Chartering Authority’s written decision should be altered or reversed, based upon specific facts in the record supporting the written submission on appeal including any pertinent legal authority; or

Chartering Authority’s final written decision.

5403.4 An Eligible Applicant’s failure to make a timely written submission to the State Superintendent under this chapter shall constitute an automatic withdrawal of the notice of appeal.

5403.5 The OSSE shall notify the parties in writing when an appeal is deemed to have been withdrawn, with no further involvement of the OSSE with regard to the appeal.

History

SOURCE: Final Rulemaking published at 56 DCR 4108 (May 22, 2009); as amended by Final Rulemaking published at 59 DCR 8184, 8186 (July 6, 2012).

5-A DCMR § 5404 RECORD REVIEW HEARING

5404.1 The Eligible Chartering Authority and the Eligible Applicant shall both have the option to request a Record Review Hearing to review the findings of the Eligible Chartering Authority before the OSSE, no later than five (5) business days after the filing of the Eligible Chartering Authority’s written submission referred to in § 5403.2.

5404.2 The Eligible Chartering Authority and the Eligible Applicant shall request a hearing through a written submission to the OSSE. A request filed later than five (5) business days after the filing of the Eligible Chartering Authority’s written submission shall be deemed untimely and shall not be considered by the OSSE.

5404.3 If a Record Review Hearing is requested by the Eligible Chartering Authority or the Eligible Applicant, the OSSE shall, no later than ten (10) business days after receipt of the request, schedule a Record Review Hearing and notify the Eligible Chartering Authority and the Eligible Applicant of the Record Review Hearing Date.

5404.4 The Record Review Hearing shall consider only evidence in the record. New evidence shall not be introduced at the hearing.

History

SOURCE: Final Rulemaking published at 56 DCR 4108 (May 22, 2009); as amended by Final Rulemaking published at 59 DCR 8184, 8187 (July 6, 2012).

5-A DCMR § 5405 FINAL DECISION

5405.1 The State Superintendent’s review shall be limited to the record, record review hearing, and written submissions of the Eligible Chartering Authority and the Eligible Applicant.

5405.2 The State Superintendent shall uphold the Eligible Chartering Authority’s decision if it is based on Substantial Evidence in the record.

5405.3 The State Superintendent’s final written decision shall affirm, reverse in whole, or remand for further consideration the Eligible Chartering Authority’s decision.

5405.4 If the State Superintendent reverses the Eligible Chartering Authority’s decision and grants a Petition, the State Superintendent’s decision shall instruct the Eligible Chartering Authority to grant the Petition no later than fifteen (15) business days after the date of the State Superintendent’s final written decision.

5405.5 The State Superintendent shall provide both parties with a copy of his or her final written decision.

History

SOURCE: Final Rulemaking published at 56 DCR 4108 (May 22, 2009) (as section 5404); as amended by Final Rulemaking published at 59 DCR 8184, 8188 (July 6, 2012).

5-A DCMR § 5499 DEFINITIONS

5499.1 The following terms and phrases shall have the meanings ascribed:

Certificate of Service means a signed written statement indicating that documents filed with or issued by the OSSE have been either delivered or mailed to the other appropriate parties.

Eligible Applicant means a person, including a private public or quasi public entity, or an institution of higher education as defined in § 1201(a) of the Higher Education Act of 1965 (20 U.S.C. § 1141(a)), that seeks to establish a public charter school in the District of Columbia pursuant to the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat.1321-107, Pub. L. 104-134; D.C. Official Code § 38-1802.02, et seq. (2001 & 2011 Supp.)(as amended)).

Eligible Chartering Authority means the District of Columbia Public Charter School Board or any entity authorized as an eligible chartering authority in the District of Columbia.

OSSE means the Office of the State Superintendent of Education.

Petition means a written application by an Eligible Applicant to establish a public charter school in the District of Columbia.

Record Review Hearing means an optional hearing before the State Superintendent or the State Superintendent’s designee requested by an Eligible Chartering Authority or Eligible Applicant during which the previous record in an appeal is reviewed and clarified by the parties.

State Superintendent means the State Superintendent of Education and may include the State Superintendent’s designee.

Substantial Evidence means such relevant evidence as a reasonable person might accept as adequate to support a conclusion or finding.

History

SOURCE: Final Rulemaking published at 56 DCR 4108 (May 22, 2009); as amended by Final Rulemaking published at 59 DCR 8184, 8188 (July 6, 2012).

5-A70 CAREER AND TECHNICAL EDUCATION GRANTS

5-A DCMR § 7000 GENERAL PROVISIONS

7000.1 This chapter establishes regulations governing the Career and Technical Education (CTE) grant program to be administered by the District of Columbia Office of the State Superintendent of Education (“OSSE”) pursuant to the Fair Student Funding and School-Based Budgeting Amendment Act of 2013, effective February 22, 2014 (D.C. Law 20-87; D.C. Official Code §§ 38-2611 and 38-2612) (2014 Supp.)).

7000.2 The CTE grant program shall be funded through the CTE Grant Program Fund established by the Act, and, as required by the Act, shall consist of revenue from one or more of the following sources:

Annual appropriations, if any; and

Grants, gifts, or subsidies from public or private sources.

7000.3 The CTE Grant Program Fund shall be used to provide supplemental funds to DCPS and to District public charter schools to support and enhance CTE programs.

7000.4 For each competitive grant cycle, OSSE shall make available a request for funding application (RFA).

7000.5 To be eligible for a competitive grant from the CTE Grant Program Fund, an applicant must:

Be a District of Columbia Local Educational Agency (LEA);

(b) Provide all assurances required in the RFA, and

7000.6 The maximum CTE grant funding for each competitive grant cycle shall be specified in the RFA.

7000.7 OSSE may award grants from the CTE Program Fund on a non-competitive basis, based on the terms or other requirements of the funding source or as otherwise permitted by applicable law or regulations. To be eligible for a non-competitive grant, the grantee must be a District of Columbia LEA.

7000.8 OSSE shall follow the pre-award and award process set forth in 1 DCMR Chapter 50, as may be amended.

7000.9 Grants awarded through the CTE grant program shall supplement, not supplant, any Formula, federal, or other funds received by a school for career and technical education.

History

SOURCE: Final Rulemaking published at 61 DCR 12775 (December 19, 2014). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7000

5-A DCMR § 7001 CTE GRANT PROGRAM FUND

7001.1 Revenue in the CTE Grant Program Fund from annual appropriations shall be used to make grants under this Chapter with purposes including, but not limited to, one or more of the following:

Aligning programs of study (POS) with high-demand, high-skill, and high-wage occupations;

(b) Establishing rigorous CTE program quality requirements;

(d) Implementing a CTE transfer program;

(e) Affording LEAs flexibility in hiring, scheduling, assessing, and compensating CTE faculty;

(f) Reengaging disconnected youth and educationally disengaged youth through CTE programs; and

(g) Supporting and incentivizing CTE course offerings for adult students in alternative educational programs.

7001.2 Revenue in the CTE Grant Program Fund from public or private grants, gifts, or subsidies shall be used under the terms provided by the public or private source, conditional on OSSE approval in alignment with District CTE priorities.

7001.3 OSSE reserves the authority to define the terms of CTE Grants in the RFA for each CTE Grant competition.

History

SOURCE: Final Rulemaking published at 61 DCR 12775 (December 19, 2014). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7001

5-A DCMR § 7002 APPLICATION REQUIREMENTS

7002.1 Only a designated official of an LEA may submit a grant application on behalf of an applicant school.

7002.2 All required documentation specified in the RFA shall be included with the application. An incomplete application shall be disqualified and will not be reviewed.

History

SOURCE: Final Rulemaking published at 61 DCR 12775 (December 19, 2014). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7002

5-A DCMR § 7003 GRANT AWARD NOTIFICATION

7003.1 OSSE shall prepare and issue a grant award notification to each LEA for which an application has been approved or for which a sole-source award has been made. The grant award notification shall:

Incorporate the terms of the RFA by reference, where applicable;

(b) State the amount of the grant; and

History

SOURCE: Final Rulemaking published at 61 DCR 12775 (December 19, 2014). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7003

5-A DCMR § 7004 ACCOUNTABILITY AND REPORTING REQUIREMENTS

7004.1 A CTE Grant recipient shall submit periodical written reports during the grant period and a final written report after the end of the grant award period. The reporting frequency and the content of the reports will be described in the RFA or the grant award notification.

7004.2 A CTE Grant recipient shall:

Submit a written request and obtain written approval from OSSE before expending CTE Grant funds for a purpose that was not included in the original approved budget;

(b) Submit a written request and a modified budget for any proposed spending modification;

(c) Maintain accurate and complete records of all activities supported by the grant for three (3) years after the end of the grant period or as otherwise specified;

(d) Maintain records that document initial and periodic assessments, initial and periodic plans, and the ongoing progress of program activities; and

(e) Ensure confidentiality and prevent unauthorized access to records. Programs shall maintain all records, including required reports, documents and files on-site, in a properly secured cabinet or location. Records shall be accessed by authorized personnel only.

7004.3 OSSE may monitor a CTE Grant recipient during the grant period. OSSE’s monitoring may include scheduled and unscheduled visits to the CTE Grant recipient’s facility or principal place of business.

7004.4 A CTE Grant recipient shall fully cooperate with authorized representatives of the Government of the District of Columbia, including OSSE, and shall provide them access to facilities, staff, records, and other information related to the grant upon request, to the extent allowed by applicable law.

History

SOURCE: Final Rulemaking published at 61 DCR 12775 (December 19, 2014). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7004

5-A DCMR § 7005 TERMINATION OR REMEDIAL PROCEDURES

7005.1 If a grantee fails to comply with the terms of the grant award or applicable federal or District of Columbia laws or regulations, OSSE may, after giving reasonable written notice to the grantee, terminate the grant in whole or in part and/or, in its discretion, require the grantee to take remedial action to ensure compliance. In the absence of extenuating circumstances, reasonable notice shall be no less than thirty (30) calendar days.

7005.2 OSSE shall provide to grantee written notice of termination and, if applicable, required remedial action. The notice shall state with specificity the reasons for the termination or required remedial action, the specific remedial action required of the grantee, and the effective date of the termination or implementation of the remedial action.

7005.3 OSSE may in its discretion make the termination effective in less than thirty (30) days, if a delayed effective date would be unreasonable under the circumstances, taking into consideration the responsibility to protect the District government’s interest.

7005.4 A grant that has been terminated may be reinstated if the grantee has taken all required corrective action satisfactory to OSSE by the effective date provided in the written notice of termination, or given satisfactory evidence that all required corrective action will be taken.

7005.5 A grantee may request review of a decision by OSSE to terminate the grant or to require remedial action. A request for review must be submitted in writing to OSSE at any time before the effective date of the termination or required remedial action, or within thirty (30) calendar days of the date the grantee received notice of termination, whichever is longer. The written request for review shall include the following:

(a) A concise statement of facts regarding each specified reason for the termination or required remedial action;

(b) The specific basis for contesting each reason;

(d) Two (2) copies of all documentary evidence supporting the grantee’s positions.

7005.6 Review of the grantee’s request shall be performed by an OSSE employee selected by the State Superintendent of Education and such person shall not have participated in the award of the grant or the decision to terminate the grant. The decision of the reviewer shall be final.

History

SOURCE: Final Rulemaking published at 61 DCR 12775 (December 19, 2014). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7005

5-A DCMR § 7099 DEFINITIONS

“Budget” means the financial plan for the project or program approved by OSSE during the award period. The budget may include funding for the project or program other than funds awarded from the CTE Grant Program Fund, as determined by OSSE.

“Career and Technical Education (CTE)” means education that prepares students for a wide range of careers and further educational opportunities. These careers may require varying levels of education—including industry-recognized credentials, postsecondary certificates, and two- and four-year degrees. CTE equips students with core academic skills, employability skills, and job-specific, technical skills related to a specific career pathway.

“Completion rate” means the percentage of CTE Concentrators who, within four (4) years, have completed a three (3) or four (4) course sequence program of study. A CTE Concentrator is a student who has completed two (2) courses of a three-sequence program of study, or three (3) courses of a four-sequence program of study.

“Concentration rate” means the percentage of CTE Participants who have completed two courses (2) of a three-sequence program of study, or three (3) courses of a four-sequence program of study. A CTE Participant is a student who has completed the first (1st) course, and enrolled in the second (2nd) course of a three or four-sequence program of study.

“CTE transfer program” means a program or partnership across LEAs and/or within multi-campus LEAs that enables students to complete CTE coursework on school campuses other than their own without requiring a change in their full-time enrollment.

“Disconnected youth” means DC residents aged sixteen to twenty-four (16-24) years who are living below two hundred (200%) percent of the federal poverty threshold and who are not in school and not working.

“Educationally disengaged youth” means DC residents aged sixteen to twenty-four (16-24) years who are not enrolled in an educational program and who do not have a high school diploma or its equivalent.

“High-demand occupations” means occupations with a projected ten-year (10) growth rate above that of all occupations AND having at least fifty (50) or more total annual openings (growth and replacement) in the District of Columbia.

“High-skill occupations” means occupations with education or training requirements of: long-term on-the-job training lasting one (1) or more years; work experience in a related occupation; industry recognized certification or credential; postsecondary career and technical training; associate’s degree; bachelor’s degree; master’s degree; doctoral degree; or first professional degree.

“High-wage occupations” means occupations that pay or lead to positions paying at least the median hourly wage or the median annual wage for all occupations in the District of Columbia.

“OSSE” means the Office of the State Superintendent of Education for the District of Columbia.

“Local Educational Agency” or “LEA” means a public agency having administrative control and direction of a public elementary or secondary school in the District of Columbia. The terms include the District of Columbia Public Schools (DCPS) and District of Columbia public charter schools.

“Program of study” means a sequence of instruction (based on recommended standards and knowledge and skills) consisting of coursework, co-curricular activities, work-site learning, service learning and other learning experiences. This sequence of instruction provides preparation for a career.

“Subsidy” means monetary resources designated to supplement a project or program or to effect a reduction in the regular cost of goods or services for a project or program.

“Termination” means the end of the award, in whole or in part, at any time prior to the planned end of the period of the award.

History

SOURCE: Final Rulemaking published at 61 DCR 12775 (December 19, 2014). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7099

5-A75 ALTERNATIVE PROGRAM

5-A DCMR § 7500 GENERAL PROVISIONS

The purpose of this chapter is to:

Set forth the eligibility criteria for a school or specialized program within a school to be designated as an alternative program and describe the manner in which students enrolled in the alternative program are funded on a per pupil basis;

Establish the process for application for an alternative program designation; and

Set forth OSSE’s authority to monitor compliance with and enforce this chapter.

OSSE may publish policies, procedures, or guidance related to alternative programs. Any OSSE policies and procedures related to alternative programs shall be posted on the OSSE website.

History

SOURCE: Final Rulemaking published at 66 DCR 7161 (June 14, 2019). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7500

5-A DCMR § 7501 ALTERNATIVE PROGRAM DESIGNATION

ALTERNATIVE PROGRAM DESIGNATION

OSSE shall designate a school, or a specialized program within a school, as an alternative program for the purposes of a local education agency (LEA) receiving a per pupil allocation at the “Alternative Program” level, as set forth in D.C. Official Code § 38-2903, as follows:

For a school, or a specialized program within a school, that does not have a prior alternative program designation, as defined in this chapter, or that is applying for this designation for the first time, the designation pursuant to this chapter shall take effect for school year 2019-2020; and

For a school, or specialized program within a school, with a prior alternative program designation, as defined in this chapter, the prior designation shall be maintained for school year 2019-2020 and the designation pursuant to this chapter shall take effect for school year 2020-2021.

The alternative program designation shall be valid for a period of three (3) years from the date the designation was issued by OSSE.

Notwithstanding § 7501.2, a school, or specialized program within a school, that is in its first year of operation may be designated as an alternative program for a period of one year from the date the designation was issued by OSSE.

An LEA shall receive per pupil funding at the “Alternative Program” level for students enrolled in a designated alternative program as follows:

An LEA shall receive this funding for each student enrolled in a designated alternative program receiving full-time equivalent instruction and between the ages of thirteen (13) to twenty-four (24);

An LEA shall not receive this funding for any student that is enrolled in a designated alternative program below the age of 13 or of the age of 25 years old or above; and

Notwithstanding §§ 7501.4(a)-(b), an LEA shall receive this funding for each student, regardless of age, enrolled in a designated alternative program that only serves students currently under the supervision of the Department of Youth Rehabilitation Services (DYRS) or only serves students who are in a long-term suspension or expulsion status from the student’s last school of attendance due to a disciplinary infraction.

History

SOURCE: Final Rulemaking published at 66 DCR 7161 (June 14, 2019). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7501

5-A DCMR § 7502 ELIGIBILITY CRITERIA FOR ALTERNATIVE PROGRAM DESIGNATION

ELIGIBILITY CRITERIA FOR ALTERNATIVE PROGRAM DESIGNATION

To be a designated alternative program, the following criteria shall be satisfactorily demonstrated upon application and maintained throughout the designation period:

The school mission includes a focus on serving students meeting any of the criteria described in § 7502.1(e);

The school or specialized program within the school provides programming, including but not limited to, instruction, and academic and non-academic supports targeted to students meeting any of the criteria described in § 7502.1(e);

The school or specialized program within the school provides a full-time equivalent academic track culminating in the first-time completion of a secondary academic credential;

The students enrolled in the school, or in the specialized program within the school, include, but are not necessarily limited to, those who have reached the minimum age of thirteen (13) and who have not exceeded the maximum age of twenty-four (24);

Based on either the prior school year or an average of the previous two (2) school years, seventy-five percent (75%) of the students between the ages of thirteen (13) and twenty-four (24) enrolled in full-time equivalent instruction in the school, or specialized program within the school, identified as one or more of the following:

At least one year older, or more, than the expected age for the grade in which the student is, or should be, enrolled;

Qualifies for Temporary Assistance for Needy Families (TANF), as defined in the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code §§ 4- 201.1 et seq.);

Qualifies for Supplemental Nutrition Assistance Program (SNAP), as defined in the Food Stamp Act Food Stamp Act of 1964, approved August 31, 1964 (78 Stat. 703; 7 USC § 2012(t));

Experiencing homelessness, as defined in 5-A DCMR § 5099;

Currently involved with or under the jurisdiction of the District of Columbia Child and Family Services Agency (CFSA);

The student has been expelled from their prior school;

The student has a history of being on short– or long–term suspension at the student’s prior school(s); or

The student is under court supervision.

To be designated as an alternative program during the first year of a school or specialized program’s operation, §§ 7502.1(a)-(d), shall be satisfactorily demonstrated upon application and maintained throughout the one-year designation period.

History

SOURCE: Final Rulemaking published at 66 DCR 7161 (June 14, 2019). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7502

5-A DCMR § 7503 APPLICATION FOR ALTERNATIVE PROGRAM DESIGNATION

APPLICATION FOR ALTERNATIVE PROGRAM DESIGNATION

To be eligible to receive per pupil funding at the “Alternative Program” level in Fiscal Year 2020 and beyond, an LEA shall apply on behalf of a school, or specialized program within the school, for the alternative program designation.

An application for an alternative program designation shall proceed in the manner set forth in this chapter, including as follows:

An LEA shall apply for the alternative program designation on behalf of a school, or specialized program within the school, that is not already designated as an alternative program;

Applications shall be available on an annual basis;

Applications shall be in the format and shall contain the information set forth by OSSE; and

Upon receipt of a complete application, OSSE may request further documentation or records, as necessary, to evaluate an application. The applicant shall promptly comply with OSSE’s request.

A designated alternative program shall re-apply for the alternative program designation during the final year of the designation period to ensure continuity of funding at the at the “Alternative Program” level for the next school year.

History

SOURCE: Final Rulemaking published at 66 DCR 7161 (June 14, 2019). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7503

5-A DCMR § 7504 ANNUAL ESTIMATE FOR PER PUPIL FUNDING

ANNUAL ESTIMATE FOR PER PUPIL FUNDING

Once designated as an alternative program, the school or specialized program within a school, shall submit an annual estimate of the number and age of students that are projected to be enrolled in the alternative program in the next school year.

Projections for the number and age of students that will receive per pupil funding at the “Alternative Program” level in the following school year(s) shall be determined in a manner consistent with D.C. Official Code § 38-2906.

History

SOURCE: Final Rulemaking published at 66 DCR 7161 (June 14, 2019). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7504

5-A DCMR § 7505 MONITORING

MONITORING

OSSE may monitor designated alternative programs at any time during the funding period to verify its continued eligibility. OSSE’s monitoring may include, but is not limited to, scheduled and unscheduled visits to the school or specialized program, review of student records, and review of any relevant records.

An alternative program shall cooperate with any monitoring conducted by OSSE or any audit conducted by the Office of the Chief Financial Officer pursuant to this section, and failure to do so may result in loss of alternative program designation.

An alternative program shall comply with the following:

Notwithstanding any other requirements set forth by federal or local law or regulation, retain any records related to the eligibility of the school or specialized program for alternative program designation, to the application process for alternative program designation, and to the criteria of individual students , for as long as the school is receiving the per pupil funding at the “Alternative Program” level and for ten (10) years after such funding ends; and

Promptly comply with all OSSE data and records requests related to its alternative program designation.

History

SOURCE: Final Rulemaking published at 66 DCR 7161 (June 14, 2019). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7505

5-A DCMR § 7506 DENIAL OF APPLICATION OR TERMINATION OF DESIGNATION

DENIAL OF APPLICATION OR TERMINATION OF DESIGNATION

If OSSE determines that the school or specialized program’s application does not sufficiently demonstrate eligibility requirements, OSSE may deny the application.

If OSSE determines that the alternative program no longer meets the requirements set forth in §§ 7502.1(a)-(d), OSSE may terminate the alternative program designation. Termination shall not be effective until the following fiscal year.

OSSE shall provide the school or specialized program with written notice of denial or termination, and if applicable, required remedial action. The notice shall provide the reason for denial or termination, the specific remedial action, if applicable, and the effective date of the termination, if applicable.

A school or specialized program may request review of a decision by OSSE to deny the application or terminate the designation. A request for review shall be submitted in writing to OSSE within ten (10) calendar days of the date the recipient received notice of denial or termination. The written request for review shall include the following:

A concise statement of facts regarding each specified reason for the termination or required remedial action;

The specific basis for contesting each reason; and

Two (2) copies of all documentary evidence supporting the recipient's positions.

Review of the school or specialized program's request shall be performed by an OSSE employee designated by the State Superintendent of Education and such person shall not have participated in the decision to designate the school or program within a school as an alternative program, deny the application, or the decision to terminate the designation and its related funding. The decision of the reviewer shall be OSSE’s final administrative decision.

History

SOURCE: Final Rulemaking published at 66 DCR 7161 (June 14, 2019). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7506

5-A DCMR § 7599 DEFINITIONS

7599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Alternative Program – An entire school or specialized program within a school that is offering instruction and academic and non-academic supports to students who meet the criteria set forth in this chapter.

Full-time equivalent – Shall have the same meaning as set forth in D.C. Official Code § 38-2901(6)(A).

Local Education Agency – Pursuant to 20 USCS § 7801(30)(A), a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary schools or secondary schools in a city, county, township, school district, or other political subdivision of a State, or of or for a combination of school districts or counties that is recognized in a State as an administrative agency for its public elementary schools or secondary schools.

Office of the State Superintendent of Education or OSSE – The state level agency established by the State Education Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2601 et seq.).

Prior alternative program designation – a school, or specialized program within a school that was designated as an Alternative Program by OSSE for Fiscal Year 2019 to receive per pupil funding at the “Alternative Program” level.

School - A public charter school authorized to operate by a chartering authority in the District of Columbia or a school within the District of Columbia Public Schools system

Secondary Academic Credential – High school diploma, GED or certificate of IEP completion.

History

SOURCE: Final Rulemaking published at 66 DCR 7161 (June 14, 2019). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 7599

5-A80 POSTSECONDARY DEGREE GRANTING EDUCATIONAL INSTITUTIONS

5-A DCMR § 8000 GENERAL

8000.1 This chapter is promulgated pursuant to sections 6(b)(3) and 11 of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1306(b)(3) and 38-1311); and Mayor’s Order 89-120, dated May 31, 1989.

8000.2 The purpose of this chapter is to set forth the criteria and fees for licensure of postsecondary degree granting educational institutions and their agents.

History

Source: Final Rulemaking published at 37 DCR 6595 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424 (March 18, 2011).

5-A DCMR § 8001 LICENSURE REQUIREMENT

8001.1 This chapter applies to all postsecondary degree granting educational institutions which offer instruction that results in credit toward a postsecondary or college degree and to the agents of those institutions.

8001.2 A postsecondary degree granting educational institution is subject to this chapter if it is located, operates, or has an agent subject to licensure in the District of Columbia.

8001.3 No person or institution shall confer a postsecondary degree without having been issued a license by the Commission. A licensee shall not offer a program or degree which has not been approved under its license.

8001.4 A postsecondary degree granting educational institution shall apply for a license at least one hundred and eighty (180) days before the anticipated date of offering an educational program subject to licensure.

8001.5 The license of a postsecondary degree granting educational institution to offer a new program shall automatically expire if the institution fails to begin operation under the license within one (1) year after its issuance, or ceases to operate under the license for a period of six (6) consecutive months. A new provisional or amended application for licensure must be submitted to engage in educational activities subject to licensure.

8001.6 The Commission may authorize a postsecondary degree granting educational institution to grant one (1) or more honorary degrees. All other degrees shall be earned degrees. Remedial, deficiency, and refresher courses shall not be credited toward any degree.

8001.7 Each postsecondary degree granting educational institution license shall specify the degrees that the postsecondary degree granting educational institution is authorized to grant.

History

Source: Final Rulemaking published at 37 DCR 6595 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2425 (March 18, 2011).

5-A DCMR § 8002 CONDITIONAL EXEMPTION

8002.1 A postsecondary degree granting educational institution seeking a conditional exemption under section 10(b) of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1310(b)) shall submit a written request to the Commission with evidence of compliance with the requirements of law and this chapter.

8002.2 A conditional exemption shall not be granted for more than five (5) years. After five (5) years, the postsecondary degree granting educational institution may submit a new application for conditional exemption to the Commission.

8002.3 A postsecondary degree granting educational institution which has a conditional exemption shall report to the Commission any changes in its program offerings which may change its licensure status. The Commission may determine based on the changes if a license is required.

8002.4 A conditional exemption shall be void if the postsecondary degree granting educational institution:

(a) Offers a course that has not been identified in its application nor reported to or authorized by the Commission; or

(b) Conducts business in a manner that requires licensure.

History

Source: Final Rulemaking published at 37 DCR 6595, 6596 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2425 (March 18, 2011).

5-A DCMR § 8003 PROHIBITED ACTIVITIES AND REPRESENTATIONS

8003.1 A postsecondary degree granting educational institution shall not engage in an activity requiring licensure or make a representation suggesting that it is licensed:

(a) Prior to issuance of an initial license;

(b) During a period of license suspension; or

History

Source: Final Rulemaking published at 37 DCR 6595, 6596 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2426 (March 18, 2011).

5-A DCMR § 8004 STANDARDS FOR LICENSURE

8004.1 Basic Requirements. In order to qualify for a license, a postsecondary degree granting educational institution shall file a standard application form issued by the Commission, meet the minimum standards set forth in this chapter and other applicable District of Columbia and federal laws and regulations, including any conditions for a tax exemption and standards for the receipt of student or other financial assistance from a public agency, and shall be in compliance with the conditions of any license or permit. These requirements shall apply to the postsecondary degree granting educational institution subject to licensure by the Commission and to any facility or program operating under authority of the license of the postsecondary degree granting educational institution.

8004.2 Integrity. In order to qualify for a license, a postsecondary degree granting educational institution shall show that it has and will (in the case of an existing postsecondary degree granting educational institution) or will (in the case of a new educational institution) conduct its business in conformance with generally accepted accounting principles and business practices and demonstrate honesty and fair dealing with its employees, its students, the government, and the public.

8004.3 Mission and Purpose. In order to qualify for a license, a postsecondary degree granting educational institution shall have a written statement which clearly describes its mission and purpose. The statement shall describe the goals of the institution with regard to the instruction of students, specialized research and public service, and any specialized constituencies that it serves. In addition, a postsecondary degree granting educational institution shall have an established procedure for evaluating the outcomes and effectiveness of its educational programs in terms of its mission and goals.

8004.4 Governance. In order to qualify for a license, a postsecondary degree granting educational institution shall clearly delineate the governance structure of the institution and the responsibilities for control of the operation of the institution and its programs. The postsecondary degree granting educational institution shall identify the governance policies established or to be established, severally or jointly, by the following:

(a) Its governing body;

(b) The chief executive officer;

(d) Faculty members; and

(e) Others, if applicable.

8004.5 Key Persons. In order to qualify for a license, a postsecondary degree granting educational institution shall:

(a) Provide the names of the owners, officers, members of the board of directors, and managing employees of the postsecondary degree granting educational institution. If any of these individuals has or had an affiliation with a licensed educational institution in the District of Columbia (current or closed), the postsecondary degree granting educational institution applying for the license shall provide the name and location of the other educational institution and the timeframe of the individual’s affiliation with the other educational institution;

(b) State whether any of the individuals enumerated in paragraph (a) of this subsection has ever been affiliated with a postsecondary degree granting educational institution, licensed in the District or elsewhere, that has had a license suspended, denied, or revoked, or has had disciplinary action taken against it, and describe the nature of the affiliation and the nature of the license suspension, denial, or revocation or disciplinary action; and

(c) If the postsecondary degree granting educational institution is a for-profit corporation, provide to the Commission the names of the owners, officers, members of the board of directors, managing employees, and any individual or business entity that has a ten percent (10%) or more ownership interest in the institution and the source and size of all loans that contribute to the capital structure of the organization.

8004.6 Administration. In order to qualify for a license, a postsecondary degree granting educational institution shall show that it is (for existing educational institutions) or will be (for new educational institutions) adequately managed to achieve its mission and goals. The institution shall provide as part of each license application the following:

(a) An organizational chart showing the principal subdivisions of the institution and the title of the principal officer of each subdivision;

(b) Documentation showing that there are sufficient types and numbers of administrative staff to support adequately the ownership, faculty, and students of the institution;

(d) Clearly delineated, written administrative policies and procedures; and

(e) A conflict of interest’s policy.

8004.7 Finances. In order to qualify for a license, a postsecondary degree granting educational institution shall demonstrate that:

(a) It is adequately capitalized overall;

(b) It has sufficient working capital to support operations for six (6) months;

(c) The governing body has authority to allocate the financial resources of the postsecondary degree granting educational institution;

(d) The governing body is accountable for the financial resources of the institution;

(e) It has a qualified, credentialed chief financial officer and qualified, credentialed financial staff;

(f) Financial policies and procedures for budgeting and accounting in accordance with generally accepted accounting principles and procedures are in place;

(g) Adequate arrangements to assure strict compliance with the institutional requirements related to any program for student or institutional financial assistance are in place;

(h) An annual financial audit is conducted by an independent certified public accountant; and

(i) It has corrective action plans adequately to address issues identified in any prior audits.

8004.8 Faculty. In order to qualify for a license, a postsecondary degree granting educational institution shall demonstrate that:

(a) The faculty possess academic, scholarly, and teaching qualifications generally recognized as appropriate to their respective positions;

(b) There are a sufficient number of full time or part time academic faculty appointments to ensure continuity and stability of the educational program at each location where each program is offered, as well as to provide adequate educational association between students and faculty;

(c) Full-time faculty devotes a majority of their professional time as employees of the postsecondary degree granting educational institution as assigned;

(d) The teaching assignments of faculty members permit adequate opportunity for classroom preparation, professional growth, and other appropriate functions;

(e) Fair, clear, and adequate procedures for the appointment, promotion, evaluation, award of tenure, if applicable, disciplining, and dismissal of faculty members are in place;

(f) Adequate policies and procedures to protect academic freedom are in place; and

(g) An opportunity exists for the faculty to participate in the planning of and evaluation of the curriculum.

8004.9 Curriculum. In order to qualify for a license, a postsecondary degree granting educational institution shall meet the following requirements related to its curricula and programs:

(a) Courses shall have a demonstrable relationship to the objectives of the postsecondary degree granting educational institution;

(b) The postsecondary degree granting educational institution shall maintain:

(1) A description of sequences and courses required for each level of study, which shall include requirements for specified degrees and/or certificates of study;

(2) A current course syllabus describing course objectives including in which semester or quarter a course will be offered;

(3) Written policies and procedures for evaluating student performance; and

(4) A written procedure for the systematic review, evaluation, and modification of curricula and programs of study;

(d) All credits awarded for courses in degree programs shall be measured in credit hours;

(e) A course or program offered by correspondence, extension, telecommunications, or internet, shall be consistent with the objectives and purposes of the institution and shall be consistent with and comparable in quality to courses offered to students regularly enrolled on a fulltime basis; and

(f) If the postsecondary degree granting educational institution provides instruction in a field for which a professional or occupational license is required to practice in the District of Columbia, the instruction shall meet all applicable requirements of the professional or occupational licensure law, as determined by the Commission.

8004.10 Library. In order to qualify for a license, a postsecondary degree granting educational institution shall meet the following requirements for library resources:

(a) The postsecondary degree granting educational institution shall provide access to an adequate collection of such books, periodicals, newspapers, teaching aids, audio-visual material, internet access and resources, and other learning and reference resources as the Commission deems necessary for the programs and courses offered;

(b) Branches or extensions of the postsecondary degree granting educational institution, which because of size cannot feasibly maintain such resources exclusively in an on-site library, shall demonstrate arrangements for students and faculty to have reasonable access to such resources; and

(c) A postsecondary degree granting educational institution whose home campus is subject to licensure in conformance with this chapter shall, at the home campus:

(1) Maintain an on-site library with an adequate collection of resource materials;

(2) Provide for the continuous acquisition of appropriate additions to the collection;

(3) Employ a professional librarian to operate the library, and adequate supporting personnel; and

(4) Provide seating and work space for quiet study by a reasonable proportion of students and faculty.

8004.11 Admissions. In order to qualify for a license, a postsecondary degree granting educational institution shall:

(a) Develop, publish, and apply a written statement clearly delineating fair and objective standards for the admission of students; and

(b) Admit only such students to a degree granting program who shall have a high school diploma or equivalent, or who shall have demonstrated to the postsecondary degree granting educational institution, by a method which has received prior approval of the Commission, a reasonable ability to benefit from the proposed curriculum and successfully to complete the program in which the student is to be enrolled.

8004.12 Physical Plant, Equipment, and Facilities. In an order to qualify for a license, a postsecondary degree granting educational institution shall:

(a) Provide and maintain in the District of Columbia a safe and sanitary physical plant, including classrooms, laboratories, housing, and libraries, as appropriate for the programs and levels of study offered, the size of the faculty, and the age and size of the student body;

(b) Comply with applicable federal and District laws and regulations with respect to building and fire codes and zoning and housing regulations, and, where applicable, comply with such laws and regulations of the jurisdiction in which the facilities are located;

(d) Assure equipment is routinely inspected and certified in accordance with generally accepted standards of practice to assure the safety and well being of students, faculty, and other personnel; and

(e) Assure that the facilities and equipment are of adequate size, quantity, and quality to accommodate the student population.

8004.13 Services and Resources. In order to qualify for a license, a postsecondary degree granting educational institution shall offer adequate, sufficient services for students in addition to educational instruction in the classroom and laboratory, including at a minimum:

(a) Admissions, orientation, financial assistance, student records, and extracurricular activities;

(b) Procedures for health emergencies;

(c) Publication and distribution of information regarding procedures for health care to faculty, students, and other personnel on campus; and

(d) An adequate program of educational, occupational, and personal counseling and guidance.

8004.14 Publication and Advertising. In order to qualify for a license, a postsecondary degree granting educational institution shall comply with the following requirements regarding publications and advertising:

(a) A catalog or bulletin shall be published no less frequently than every two (2) years, which shall include:

(1) The institution’s objectives and purposes;

(2) Names of the members of the institution’s governing board, faculty, and chief executive officer(s);

(3) A list of degree programs of study;

(4) Admission and completion requirements;

(5) A schedule of student costs and fees;

(6) Refund policies;

(7) Other regulations and requirements; and

(8) A description of the grading system and the minimum grade considered satisfactory;

Copies of the following shall be provided to the Commission upon request:

(1) All advertising used by the institution, including written transcripts of any form of non-print advertising; and

(2) Foreign language advertising, which shall be submitted with an English translation;

(c) All representations or claims made to prospective students about future employment, earnings, financial aid, or other benefits shall be based upon reasonable evidence maintained by the institution, which shall be made available for inspection by the Commission and all parties to whom the claims are made;

(d) No representations shall be made to imply a guarantee of placement or employment for graduates, whether in an advertisement, an offer made to prospective students, or through any other means or media; and

(e) Except as provided in section 8005, the postsecondary degree granting educational institution shall not advertise or otherwise imply that the institution is “supervised,” “recommended,” “endorsed,” “accredited,” or “approved” by the Commission or any other department or agency of the District of Columbia government.

8004.15 Student Records. In order to qualify for a license, a postsecondary degree granting educational institution shall comply with the following requirements regarding student records:

(a) A postsecondary degree granting educational institution shall maintain accessible, secure, and accurate records for each student which, at a minimum, shall contain the information specified in this chapter, including, but not limited to:

(1) The name of the student;

(2) The title of the program(s) in which the student is or was enrolled;

(3) The total number of hours of educational instruction received by the student in the program(s);

(4) The dates of the student’s enrollment;

(5) The grade record of each course, lesson, or unit of instruction and the student’s cumulative grade for the program; and

(6) The degree, diploma, certificate, or other credential awarded; and

The postsecondary degree granting educational institution shall establish procedures for providing upon request a true and accurate transcript and a policy for preserving the confidentiality of the student records.

History

Source: Final Rulemaking published at 37 DCR 6595, 6597 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2426 (March 18, 2011).

5-A DCMR § 8005 PERMISSIBLE LEGEND

8005.1 A licensed postsecondary degree granting educational institution may include in its advertising either of the following legends:

(a) “This institution is licensed under the Degree Granting Institution Rules of the District of Columbia”; or

(b) “Licensed by the District of Columbia Education Licensure Commission”.

History

Source: Final Rulemaking published at 37 DCR 6595, 6604 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2434 (March 18, 2011).

5-A DCMR § 8006 SURETY

8006.1 The Commission may require a postsecondary degree granting educational institution to provide a bond or surety, payable to the Commission, of no more than one hundred thousand dollars ($100,000).

8006.2 The Commission may require the bond or surety at the time of licensure or at any time during the license period.

8006.3 The bond or surety shall be used for the purpose of protecting students in the event the institution declares bankruptcy, closes, or otherwise breaches its contract with its students by terminating an educational program without providing adequate student refund or teach-out arrangements.

History

Source: Final Rulemaking published at 37 DCR 6595, 6604 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2434 (March 18, 2011).

5-A DCMR § 8007 APPLICATION FOR PROVISIONAL LICENSURE

8007.1 A postsecondary degree granting educational institution shall submit to the Commission an application for provisional licensure in such form as the Commission may prescribe and shall not begin instruction until a license to do so is issued by the Commission.

8007.2 An application for provisional licensure shall contain a description of how the postsecondary degree granting educational institution complies with this chapter, or a statement requesting a waiver, in whole or part, by the Commission of any standard established by this chapter and describing the reasons such a waiver is warranted.

8007.3 An application for provisional licensure shall include, as appropriate, the following:

(a) A letter of transmittal signed by an authorized official of the postsecondary degree granting educational institution certifying that the information in the application is current, true, and correct;

(b) A resolution by the governing body of the postsecondary degree granting educational institution or a statement from the chief executive officer or owners of the institution authorizing the application and designating the persons who will maintain liaison with the Commission during the pendency of the application;

(c) If incorporated, the articles of incorporation and bylaws of the corporation, a certificate of good standing from the Department of Consumer and Regulatory Affairs, and the address of principal place of business of the corporation;

(d) If the postsecondary degree granting educational institution is a for-profit corporation, the names of the owners, officers, members of the board of directors, managing employees within the District of Columbia, and any person or business entity having a ten percent (10%) or more ownership interest in the institution and the source and size of all loans that contribute to the capital structure of the organization;

(e) If the postsecondary degree granting educational institution is a non-profit corporation, the names of the members of the board of directors, officers, and managing employees;

(f) The address of the place or places where instruction will be given and all offices and other facilities in the District of Columbia;

(g) A copy of the most recent certified audited financial statement of the institution prepared by a certified public accountant within twelve (12) months of the application or, if the organization is a start up entity without such a statement, the applicant shall provide adequate certification with regard to all aspects affecting its financial resources;

(h) A copy of the postsecondary degree granting educational institution’s certificate of occupancy and the lease or title to the buildings to be used;

(i) The estimated student enrollment and distribution by department or discipline;

(j) A certification of non-discrimination, in conformance with the District of Columbia Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01, et seq.);

(k) A statement of the accreditation status of the postsecondary degree granting educational institution which fully describes the following:

(1) Existing accreditation, if any, including the period of accreditation and the expiration date;

(2) The type and scope of accreditation;

(3) The name of the issuing association, organization, or agency;

(4) The status and scope of any pending applications for accreditation;

(5) Any probation or conditions of existing accreditation;

(6) Any revocation of accreditation or other action limiting accreditation during the ten (10) years preceding application to the Commission for licensure and the reasons for the revocation or other action limiting accreditation; and

(7) Any denial of an application for accreditation during the ten (10) years preceding the application for licensure to the Commission, and the reasons for the denial.

(l) A statement describing any authorizations and licenses, other than accreditation, which a postsecondary degree granting educational institution has from another jurisdiction, which shall include the following:

(1) The type of certificate, license, or exemption;

(2) The name of the issuing agency;

(3) The term and expiration date of the certificate or license;

(4) Any conditions to which the certificate or license is subject;

(5) Any pending application for licensure;

(6) Any revocation or other action limiting certification or licensure during the ten (10) years preceding application to the Commission for licensure and the reasons for the revocation or other action limiting certification or licensure;

(7) Any denial of an application for a license or certificate during the ten (10) years preceding the application to the Commission for licensure, and the reasons for the denial;

(m) Any licensure fees or surety bonds required by this chapter; and

(n) Any other information the Commission may reasonably require, including, but not limited to:

(1) From a postsecondary degree granting educational institution located in the District of Columbia, a statement that it shall apply for accreditation from an accredited organization recognized by the U.S. Department of Education, the Council for Higher Education Accreditation, or the Commission, within three (3) years after receiving a provisional license, and obtain accreditation within six (6) years after licensure to maintain a license in the District.

(2) From a postsecondary degree granting educational institution located outside of the District of Columbia, a statement that it:

(A) Is licensed in good standing by the appropriate jurisdiction and that it shall ensure that it will continue to be licensed in good standing in that jurisdiction;

(B) Has been accredited by, and shall ensure that it will continue to remain accredited by, an organization recognized by the U.S. Department of Education, the Council for Higher Education Accreditation, or the Commission; and

(C) Will apply for representative(s) to hold agent’s license(s) to operate in the District of Columbia pursuant to section 8011.

History

Source: Final Rulemaking published at 37 DCR 6595, 6605 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2434 (March 18, 2011).

5-A DCMR § 8008 APPLICATION FOR PROVISIONAL LICENSE RENEWAL

8008.1 Sixty (60) days before the expiration of a provisional license, or at such other time as the Commission may require, a licensee wishing to renew the license shall submit to the Commission an application for renewal in such form as the Commission may require. The institution’s license shall continue in effect until the Commission takes action on the renewal application.

8008.2 An application for renewal of a provisional license shall include:

(a) A description of any changes or differences in the institution’s organization, program, officers, or faculty since the previous licensure action by the Commission;

(b) A description of any proposed changes in the institution’s organization, program, officers, or faculty during the period of license renewal;

(c) If the Commission imposed conditions on the then-current provisional license of the institution, a description of how the institution satisfied the conditions or a statement justifying the renewal of the license although the conditions having not been satisfied;

(d) A copy of the most recent certified audited financial statement of the institution, prepared within twelve (12) months of the application date by a certified public accountant;

(e) Any licensure fees or surety bonds required by this chapter; and

(f) Any other information as the Commission may require.

8008.3 If a postsecondary degree granting educational institution allows its provisional license to expire, the license shall be void. At the discretion of the Commission, the Commission may require the institution to apply for a new license as if the institution had never been licensed. An application for reinstatement shall not be considered prior to six (6) months after the date of expiration of the license.

History

Source: Final Rulemaking published at 37 DCR 6595, 6605 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2437 (March 18, 2011).

5-A DCMR § 8009 APPLICATION FOR CONVERSION OF A PROVISIONAL LICENSE TO PERMANENT LICENSE

8009.1 Sixty (60) days before the expiration of a provisional license, or at such other time as the Commission may require, a licensee wishing to convert the license to a permanent license shall submit to the Commission an application for conversion of the license, in such form as the Commission may require. The institution’s provisional license shall continue in effect until the Commission takes action on the conversion application.

8009.2 To be eligible for a permanent license, a postsecondary degree granting educational institution shall be:

(a) Compliant with applicable District of Columbia laws and regulations;

(b) Licensed and in good standing in the District of Columbia for at least five (5) years;

(c) Accredited by an accrediting organization recognized by the United States Department of Education, the Council on Higher Education Accreditation, or the Commission; and

(d) Demonstrate that it is appropriately capitalized as a financially sound educational institution.

8009.3 An application for conversion to a permanent license shall include the information about accreditation specified in subsection 8007.3(k) of this chapter and the information required for an application for renewal of a license by subsection 8008.2 of this chapter.

History

Source: Final Rulemaking published at 37 DCR 6595, 6606 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2438 (March 18, 2011).

5-A DCMR § 8010 APPLICATION FOR LICENSE AMENDMENT; CHANGED CONDITIONS

8010.1 An institution licensed by the Commission shall submit an application for an amended license if:

(a) A change in ownership is proposed;

(b) A change in accreditation status occurs;

(c) There is a material change affecting the postsecondary degree granting educational institution, or the degrees, diplomas, or certificates offered by the institution;

(d) The postsecondary degree granting educational institution proposes to offer a new degree or program of study;

(e) The postsecondary degree granting educational institution proposes to provide educational instruction at a new facility in the District, whether at existing or new premises; or

(f) Any other changes which, in the discretion of the Commission, may require an amendment.

8010.2 A postsecondary degree granting educational institution shall not implement a change described in subsection 8010.1, nor offer a new degree or program or provide instruction at a new facility, without the prior approval of the Commission.

8010.3 An application for an amended license to authorize a new degree or program shall include:

(a) The reason for offering the new degree or program;

(b) An outline of the curriculum for the new degree or program;

(d) The qualifications of the faculty to be involved in the new degree or program;

(e) The anticipated enrollment for the new degree or program;

(f) The financial resources to support the new degree or program;

(g) A description of how the new degree or program relates to the objectives of the institution;

(h) Any licensure fee and surety bond required by this chapter; and

Any other information as the Commission may reasonably require.

8010.4 An application for amendment of an existing license shall be subject to the same Commission review and requirements as an application for an initial license, including a site evaluation if the Commission deems it necessary or useful.

8010.5 The Commission shall not amend a license to approve a new program, new facility, or new location of a postsecondary degree granting educational institution if the Commission finds that the amendment is likely to affect adversely the postsecondary degree granting educational institution’s resources or ability to comply with this chapter.

History

Source: Final Rulemaking published at 37 DCR 6595, 6608 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2439 (March 18, 2011).

5-A DCMR § 8011 AGENT LICENSES

8011.1 A licensed accredited, degree granting educational institution in good standing, which operates outside of the District of Columbia, may apply for a representative to hold an agent’s license.

8011.2 Grant of an agent’s license by the Commission shall be subject to the following:

(a) The institution shall submit an application in such form as the Commission may require;

(b) The institution shall certify that the agent is a person of good character, who understands and can present to prospective students complete and accurate information about the institution, its admission and enrollment policies, and its educational programs and offerings;

(d) The postsecondary degree granting educational institution shall pay an application fee required by subsection 8030.3; and

(e) The postsecondary degree granting educational institution shall file the agent’s surety bond required by subsection 8011.14.

8011.3 If an agent represents more than one (1) educational institution, a license must be obtained by each institution that the agent represents.

8011.4 The Commission may deny an agent’s license if the postsecondary degree granting educational institution or the proposed agent has violated a law or regulation of the District of Columbia or another jurisdiction. The Commission may also deny an agent’s license if there are complaints against the postsecondary degree granting educational institution which indicate that the institution does not operate in either a sound or ethical manner or there are complaints against the proposed agent that indicate that the proposed agent does not possess the good character required of an agent.

8011.5 The Commission, upon approval of an application for an agent’s license, shall prepare and deliver to each agent a dated identification card, valid for one (1) year, containing the name and address of the agent and the employing educational institution, certifying that the person whose name appears on the card is an authorized agent of the postsecondary degree granting educational institution.

8011.6 An agent shall carry the identification card and show it to prospective students upon request.

8011.7 Each educational institution shall be liable for the acts of its agent(s).

8011.8 An agent and the postsecondary degree granting educational institution must notify the Commission within forty-eight (48) hours after an agent is convicted of a felony. Whether or not appropriate notice is provided, the agent’s license shall be deemed revoked automatically upon his or her conviction. The Commission may, upon the application of the postsecondary degree granting educational institution, consider reinstatement of the license of an agent convicted of a felony.

8011.9 An agent’s license does not authorize a postsecondary degree granting educational institution to operate or confer degrees in the District of Columbia.

8011.10 A postsecondary degree granting educational institution’s representative with an agent’s license may only conduct recruiting and enrollment activities.

8011.11 No agent may use a title that misrepresents his or her duties and responsibilities.

8011.12 The Commission may deny or refuse to renew an agent’s license if the representative or institution fails to comply with a law or regulation in the District of Columbia or another jurisdiction.

8011.13 The Commission shall not issue or review an agent’s license until the postsecondary degree granting educational institution has filed with the Commission a corporate surety bond or other security approved by the Commission.

8011.14 The agent’s surety bond required by subsection 8011.13 shall be:

(a) Payable to the Commission; and

(b) In the following amounts:

(1) In the amount of three thousand dollars ($3,000), if the surety bond or other security covers a single agent; or

(2) In an amount determined by the Commission, but in no case greater than fifty thousand dollars ($50,000), if the postsecondary degree granting educational institution provides a blanket security bond for all of its agents.

8011.15 The postsecondary degree granting educational institution must file an application for renewal of the agent’s license sixty (60) days before the expiration date of the license. The application must include the applicable fee. The agent’s license shall continue in effect until the Commission takes action on the renewal application.

8011.16 If an agent’s license expires before a renewal application has been filed, the license shall be void. At the discretion of the Commission, the institution may be required to apply for a new license for its agent as if the agent had never been licensed. A reinstatement application will not be considered in less than six (6) months after the expiration date of the license.

History

Source: Final Rulemaking published at 37 DCR 6595, 6608 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2440 (March 18, 2011).

5-A DCMR § 8012 SITE EVALUATION VISITS

8012.1 The Commission may perform a site evaluation of a postsecondary degree granting educational institution and may require that the institution submit documents and information before the site evaluation visit.

8012.2 The purpose of a site visit shall be to verify information submitted by the applicant or to determine compliance with the terms of a license or requirements of applicable District of Columbia laws and regulations related to licensure of a postsecondary degree granting educational institution. The site evaluation may include:

(a) Interviews with an institution’s faculty, students, and staff;

(b) Inspections of facilities, including, but not limited to, administrative offices, library facilities, counseling and health facilities, residential areas, laboratories, equipment, and other support facilities;

(d) Reviews of any other relevant matters.

8012.3 The site evaluation may be performed by members of the Commission, staff members, or such independent evaluators as the Commission deems necessary or appropriate to assist the Commission in connection with its responsibilities and the regulation of the postsecondary degree granting educational institution.

8012.4 A Commission member or other duly appointed person may serve as an observer during a site visit.

8012.5 The Commission may in its sole discretion appoint to the evaluation team a person recommended by the postsecondary degree granting educational institution, when in the Commission’s judgment the nominee would act as a qualified, impartial evaluator.

8012.6 A postsecondary degree granting educational institution shall cooperate with the evaluation team in making records and personnel available and shall comply with all reasonable requests by the evaluation team, including requests for private interviews and requests for the use of private meeting rooms.

8012.7 The evaluation team shall submit a written report with recommendations to the Commission after the site visit, and the Commission shall provide a reasonable opportunity for the postsecondary degree granting educational institution to review the report and provide written comments to the Commission.

8012.8 The Commission shall consider the evaluation team report as a basis for any action taken with regard to a license.

History

Source: Final Rulemaking published at 37 DCR 6595, 6609 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2442 (March 18, 2011).

5-A DCMR § 8013 REVIEW OF LICENSED INSTITUTIONS; ANNUAL DATA SURVEY

8013.1 The Commission shall review all licensed postsecondary degree granting educational institutions annually by requiring institutions to submit an annual data survey covering the prior academic year of the institution. The Commission shall periodically conduct more intensive reviews in connection with license renewals, license conversions, or reviews conducted by accrediting organizations.

8013.2 Each licensed educational institution and each institution with a conditional exemption shall submit annually to the Commission an annual data survey with information in the form prescribed by the Commission by a date established by the Commission.

8013.3 The annual data survey shall be mailed to each institution on a date established by the Commission and shall require submission of certified copies of the postsecondary degree granting educational institution’s most recent financial audit and catalog and any other information specified by the Commission.

8013.4 The Commission shall conduct site evaluations of licensed, accredited educational institutions that have a branch or extension in the District of Columbia at the discretion of the Commission.

8013.5 The Commission’s periodic review of facilities in the District shall, to the extent possible, be made in connection with reviews and evaluations made by the regional accrediting association, or if the programs in the District of Columbia are limited to a specialty, by a specialized accrediting association.

8013.6 The Commission shall conduct a site evaluation of a licensed, unaccredited educational institution as part of the Commission’s evaluation of the institution’s application for renewal of the license.

8013.7 A licensed, unaccredited educational institution shall make provision for a Commission observer to accompany the evaluation team from an accrediting association when the association’s evaluation team conducts its site visit in conjunction with the institution’s application for accreditation or re-accreditation from the association.

History

Source: Final Rulemaking published at 37 DCR 6595, 6610 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2443 (March 18, 2011).

5-A DCMR § 8014 STUDENT COUNT

8014.1 The counting of full-time students or their equivalents, for purposes of the annual data survey required by section 8013, and of licensing fees required by section 8030, shall be conducted as specified in this section.

8014.2 The number of full-time students or their equivalents shall be reported as follows:

(a) Educational institutions licensed by the Commission to operate within the District, but which are not organized or chartered within the District, shall report the number of students at their facilities within the District;

(b) Educational institutions licensed by the Commission to operate within or outside of the District, which are organized or chartered within the District, shall report separately the number of students at their facilities within the District and their facilities outside of the District; and

(1) As specified in paragraph (a) of this subsection, if not organized or chartered in the District; or

(2) As specified in paragraph (b), of this subsection, if organized or chartered in the District of Columbia.

8014.3 Each count of full-time students reported shall be for the twelve (12) month academic year established by the Commission to be covered in the report by the individual postsecondary degree granting educational institution.

8014.4 Full-time students or their equivalents shall be calculated as follows:

(a) Full-time undergraduate students: the total number of semester credit hours awarded to undergraduate students during the year, divided by twelve (12); or the total number of quarter hours awarded to undergraduate students during the year, divided by eighteen (18);

Full-time graduate students: the total number of semester credit hours awarded to graduate students during the year, divided by nine (9); and

(c) Total number of full-time students: the sum of the undergraduate and graduate students calculated according to this subsection.

8014.5 The Commission may require other student counts such as the total enrollment of the postsecondary degree granting educational institution or the number of part time students at each facility of the postsecondary degree granting educational institution, whether located in the District or outside the District.

History

Source: Final Rulemaking published at 37 DCR 6595, 6611 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2444 (March 18, 2011).

5-A DCMR § 8015 FALSE DEGREES

8015.1 A postsecondary degree granting educational institution shall not employ staff, faculty, administrators, or accept students who have knowingly manufactured, produced, or used a false academic degree to obtain employment or admission to an institution of higher learning.

8015.2 A postsecondary degree granting educational institution shall not present, obtain, or produce, as genuine, a forged or altered degree, certificate, transcript, or license signifying educational completion, study, or professional experience of the faculty, administrators, staff, or students.

8015.3 A postsecondary degree granting educational institution or person shall not issue diplomas, certifications, academic transcripts, or other documents demonstrating completion of coursework or academic credit or degrees in the District of Columbia unless licensed to do so by the Commission.

8015.4 A postsecondary degree granting educational institution or person shall not issue academic credentials or degrees in the District of Columbia that are not authorized by the Education Licensure Commission as a bona fide educational institution.

8015.5 No person shall offer, purport to offer, or confer any academic degree unless authorized by the Commission.

History

Source: Final Rulemaking published at 37 DCR 6595, 6611 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2445 (March 18, 2011).

5-A DCMR § 8016 CLOSING AN INSTITUTION

8016.1 A postsecondary degree granting educational institution which closes shall make arrangements for its students and for the safekeeping of its records, as set forth in this section.

8016.2 A postsecondary degree granting educational institution licensed under this chapter shall not close without the prior approval of the Commission.

8016.3 Closure of an institution shall be conducted in accordance with a written plan which is submitted for approval to the Commission not less than ninety (90) days before the date of closure. The plan shall describe with specificity how the institution will comply with the requirements of this section.

8016.4 In closing a postsecondary degree granting educational institution, the institution shall:

(a) Cease all recruitment activities and bar all new student enrollments;

(b) Provide all enrolled students an opportunity to complete their program of studies at the institution or receive maximum assistance for the orderly transfer to another educational institution acceptable to the student;

(c) Notify all enrolled students of the phase-out plan by letter, electronic mail, the Commission’s website, or direct notification from the Commission as the Commission may determine. The notification shall describe the students’ financial obligations, their rights to a refund or adjustment, provisions made for assistance toward completion of their academic program, and how students may obtain official copies of records or transcripts;

(d) Provide the Commission with copies of the closing or phase-out notices and all other communications sent to students regarding the closing or phase-out;

(e) Make provisions for transferring all official student records to the Commission;

(f) Notify students of the arrangements for the transfer of their records to the Commission, including information on how to obtain official copies of the records;

(g) Notify the Corporations Division of the District of Columbia Department of Consumer and Regulatory Affairs and other appropriate authorities of the status of the postsecondary degree granting educational institution or corporation, including the filing of a final report, if appropriate; and

(h) Describe steps being taken to protect the rights of staff, suppliers, and creditors.

8016.5 During the phase-out process, the postsecondary degree granting educational institution shall submit periodic progress reports to the Commission within the timeframes specified and approved by the Commission, including specific information specified in the closure plan and how unanticipated or serious problems have been addressed in the process.

8016.6 The Commission shall monitor the phase-out and closure of the institution and require the postsecondary degree granting educational institution to comply with the objectives as well as the specific provisions of the approved closure plan.

History

Source: Final Rulemaking published at 37 DCR 6595, 6612 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2446 (March 18, 2011).

5-A DCMR § 8017 TRANSFER OF RECORDS OF CLOSED INSTITUTION

8017.1 If a postsecondary degree granting educational institution licensed under this chapter, or granted a conditional exemption under this chapter, discontinues its operations, the chief administrative officer, by whatever title designated, of the institution shall cause to be filed with the Commission the original or legible true copies of all records of the institution specified by the Commission.

8017.2 The records deposited with the Commission shall include, at a minimum, the academic records of each former student specified in subsection 8004.15.

8017.3 The institution shall pay for the costs of the transfer of records to the Commission and for the costs of maintaining the records.

8017.4 The Commission shall issue certified copies of transcripts of student courses and grades and of other documents in the records; shall furnish other official information from the records to former students and educational institutions to which the student applies; and may furnish copies to others who have a right to disclosure under law or regulation.

History

Source: Final Rulemaking published at 37 DCR 6595, 6617 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2447 (March 18, 2011).

5-A DCMR § 8018 DENIAL, REDUCTION, SUSPENSION, AND REVOCATION OF A LICENSE

8018.1 The Commission, in accordance with procedures consistent with the provisions of the District of Columbia Administrative Procedures Act, approved October 21, 1968 (82 Stat.1204; D.C. Official Code §§ 1-1501, et seq.), may deny, suspend or revoke the license of an institution, or may reduce a permanent license to a provisional license, if an institution:

(a) Furnishes false, misleading, or incomplete information to the Commission;

(b) Fails to comply with a Commission request;

(d) Fails to respond to the Commission regarding a complaint;

(e) Grants a false degree;

(f) Fails to comply with any District of Columbia law or regulation; or

(g) Fails to comply with any provision of this chapter.

History

Source: Final Rulemaking published at 37 DCR 6595, 6617 (October 19, 1990); as amended Notice of Final Rulemaking published at 58 DCR 2424, 2448 (March 18, 2011).

5-A DCMR § 8019 COMPLAINTS

8019.1 If the Commission has reason to believe that an applicant or licensed institution may not be in compliance with the requirements of law or this chapter, the Commission may conduct an investigation, including a site evaluation visit, as it deems necessary. If expertise outside of the scope of the Commission is required to complete the investigation, the Commission may require the institution to pay for any expenses incurred by the Commission for outside services.

8019.2 The Commission may initiate an investigation:

(a) On its own motion;

(b) After receipt of a complaint submitted in accordance with this section which, if proven, would constitute sufficient grounds for denial, reduction, suspension, or revocation of the license or application of an institution; or

(c) Based on information obtained from a Commissioner, Commission staff member, government agency, or other reliable person or entity.

8019.3 A person who desires to file a complaint (hereinafter “complainant”) against an applicant or licensee (hereinafter “respondent”) shall:

(a) Submit the complaint in writing;

(b) State the facts or circumstances that form the basis of the complaint;

(d) Sign the complaint; and

(e) Mail or deliver the complaint to the Commission.

8019.4 The Commission may request that the respondent respond in writing to the allegations contained in the information or complaint which has come to the Commission’s attention. If the Commission requests such a response, it shall inform the respondent that the Commission may send a copy of the response to the complainant.

8019.5 If the Commission receives a written response from the respondent, it may send a copy of the response to the complainant and request a written reply within a time period determined by the Commission.

8019.6 After considering information or a complaint against a respondent, the response from the respondent, if any, and the written reply of the complainant, if any, the Commission may:

(a) Initiate an investigation of the information or complaint;

(b) Mandate corrective actions by the respondent and monitoring of the implementation of the corrective actions;

(d) Dismiss the complaint.

8019.7 If the Commission dismisses a complaint, it shall give the complainant notice of the dismissal in writing, sent by first class mail within thirty (30) days after the dismissal.

History

Source: Final Rulemaking published at 37 DCR 6595, 6618 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2448 (March 18, 2011).

5-A DCMR § 8020 NOTICE OF INVESTIGATIONS; SERVICE; COMMENCEMENT OF HEARINGS

8020.1 A written notice shall be served by the Commission pursuant to this section to an applicant or licensee (“respondent”) at the initiation of an investigation, or if the Commission proposes to deny, suspend, reduce, or revoke a license.

8020.2 The notice shall contain the following information:

(a) A description of the institution’s alleged non-compliance with requirements of law or of this chapter which are being considered by the Commission with respect to the postsecondary degree granting educational institution;

(b) The range of proposed decisions or actions which may be considered by the Commission;

(d) That any of the proposed decisions or actions may be taken if no hearing is requested or if the applicant or licensee fails to appear at a requested hearing; and

(e) The respondent’s right to request a hearing before a hearing officer appointed by the Commission, or the Commission, in the discretion of the Commission, and that the request must be filed with the Commission within ten (10) days after service of the notice.

8020.3 Service of the notice, an order, or decision required by this chapter to be served upon a respondent or other party shall be served upon the party or upon the representative designated by the party or by law or regulation to receive service of papers and shall be directed to the last known address on file with the Commission and shall be completed by one (1) of the following methods:

(a) By handing it to the respondent or party;

(b) By leaving the relevant document at a party’s office as indicated on the application, license, or motion with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office;

(c) If the office of the institution or party to be served has no office or the office has been closed, by leaving the relevant document at the place of residence with a person sixteen (16) years of age or older residing at the residence;

(d) By certified mail, return receipt requested; or

(e) In conformity with an order of the Commission.

8020.4 If service is made by a method set forth in paragraphs (a) through (e) of subsection 8020.3, the representative of the Commission shall cause a certificate of service to be filed stating the date, time, and manner of service and the person, if any, served.

8020.5 If service is by certified mail, service shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.

8020.6 If the party is no longer at the last known address as shown by the records of the Commission, no forwarding address is available, and the notice, order, or decision was sent by certified mail, return receipt requested, to the last known address as shown by the records of the Commission, service shall be deemed to have been made on the date the return receipt bearing a notification that delivery could not be made to the addressee is received by the party attempting service.

8020.7 If a respondent requests a hearing, the Commission shall, within thirty (30) days after receipt of the request, provide notification of the date, time, and place of the hearing to the respondent.

8020.8 The Commission shall hold the hearing not less than fifteen (15) days after the date of service of the notification pursuant to subsection 8020.7, unless the Commission and the respondent agree to hold the hearing at an earlier date.

8020.9 The Commission may, without a hearing, take any action or make any decision described in the notice if:

(a) A respondent who was sent a notice of a proposed action under subsection 8020.1 does not mail or deliver a request for a hearing pursuant to subsection 8020.3; or

(b) A respondent who has been provided notification of a hearing pursuant to subsection 8020.7 does not appear for the hearing, and no continuance is granted.

8020.10 The Commission shall inform the respondent of an action taken pursuant to subsection 8020.9.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2449 (March 18, 2011).

5-A DCMR § 8021 HEARING OFFICER; PARTIES

8021.1 The Commission may authorize a hearing officer, including the District of Columbia Office of Administrative Hearings, pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01, et seq.), to conduct a hearing authorized under this chapter.

8021.2 The hearing officer may:

(a) Administer oaths;

(b) Receive and exclude evidence;

(c) Issue subpoenas to compel witnesses to appear and testify or produce relevant materials. The subpoenas shall be in the name of the Mayor of the District of Columbia; and

(d) Issue a recommended decision.

8021.3 The hearing officer may not render a final decision.

8021.4 A party entitled to a hearing has the following rights:

(a) The right to be represented by an attorney;

(b) The right to present all relevant evidence;

(d) The right to have subpoenas issued to compel the attendance of witnesses and the production of relevant materials.

8021.5 The Commission or respondent may move to join other parties who are necessary for a just adjudication of the respondent’s application or licensing.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2451 (March 18, 2011).

5-A DCMR § 8022 BURDEN OF PROOF

8022.1 In a hearing resulting from a proposed action to reduce, suspend, or revoke a license, the Commission has the burden of proving by a preponderance of the evidence that the proposed action should be taken.

8022.2 In a hearing resulting from the denial of a license application, the applicant has the burden of satisfying the Commission of the applicant’s qualifications by a preponderance of the evidence.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2452 (March 18, 2011).

5-A DCMR § 8023 CONDUCT OF HEARINGS AND RECORD

8023.1 All hearings before the Commission or a hearing officer shall be open to the public, unless the Commission in its discretion directs that some or a portion of the hearing to be closed.

8023.2 All testimony at a hearing shall be under oath or affirmation.

8023.3 The Commission or a hearing officer shall exclude irrelevant, immaterial, and unduly repetitious evidence as it deems appropriate.

8023.4 All persons at a hearing shall maintain decorum and good order at all times. The Commission may exclude or have removed from the hearing room any person deemed disruptive to the hearing process.

8023.5 All hearings shall be recorded and the Commission shall compile a complete record of all evidence presented during the course of a hearing.

8023.6 The Commission shall make a transcript of a hearing upon the request of a party.

8023.7 If the Commission does not make a transcript of the hearing, it shall maintain an electronic copy of the hearing as part of the record.

8023.8 The Commission shall provide a copy of an approved transcript or recording of a hearing to any person requesting it, upon payment of the required fee.

8023.9 If a dispute arises with respect to the record, the hearing officer or the Commission shall settle the record and rule on all contested motions to correct the record.

8023.10 The hearing record shall be closed at the conclusion of the hearing. However, when the Commission or hearing officer allows the parties to submit arguments, briefs, or documents, the record shall be left open for such time as the Commission or hearing officer grants for that purpose.

8023.11 The hearing record shall be closed on the date set by the Commission or hearing officer as the final date for the receipt of submissions of the parties.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2452 (March 18, 2011).

5-A DCMR § 8024 RECOMMENDED AND FINAL DECISIONS

8024.1 The hearing officer shall submit a recommended decision to the Commission and the parties within sixty (60) days after the closing of the record.

8024.2 A recommended decision of a hearing officer shall contain:

(a) Findings of fact;

(b) Conclusions of law based on the findings of fact and application of the laws; and

2024.3 The Commission may adopt the decision recommended by the hearing officer in whole or in part or may reject the recommended decision in its entirety.

8024.4 After receipt of a recommended decision the parties may submit, within time limits established by the Commission, proposed findings of fact, proposed conclusions of law, a proposed order, and memoranda of law.

8024.5 The Commission, within sixty (60) days after the date of the receipt of the recommended decision, shall render a final decision and notify the parties of the action.

8024.6 The Commission may, with the agreement of all parties, extend the sixty (60) day period in which it is required to render a decision.

8024.7 A final decision shall contain:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(d) A statement informing the respondent of the right to petition the District of Columbia Court of Appeals for review of the final decision pursuant to section 11 of the District of Columbia Administrative Procedures Act, approved October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-502(10)), and that, pursuant to Rule 15(b) of the Rules of the District of Columbia Court of Appeals, a petition for review must be filed with the District of Columbia Court of Appeals within no later than thirty (30) days after notice of the final decision has been given.

8024.8 The Chair of the Commission, or a duly authorized designee, shall sign the final decision, order, or other document of the Commission on behalf of the Commission; provided that the Commission by majority vote may designate another member to sign.

8024.9 Within five (5) days after a final decision is rendered, the Commission shall serve a copy of the written decision upon each party or the party’s counsel of record.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2453 (March 18, 2011).

5-A DCMR § 8025 STAY

8025.1 The Commission, on motion by a party or on its own initiative, may stay the imposition of an order pending appeal or reconsideration.

8025.2 Neither the filing nor the granting of a motion for reconsideration shall operate as a stay of a decision ordered by the Commission.

8025.3 The Commission may grant a stay based only upon good cause shown. Good cause shall be determined based on the likelihood of decisional error, irreparable harm to the moving party, the harm to other parties, and the public interest.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2454 (March 18, 2011).

5-A DCMR § 8026 REOPENING A HEARING

8026.1 Within fifteen (15) days after the date of service of a final decision, a party may file a motion to reopen a hearing, which the Commission may grant or deny in whole or in part in its discretion. The moving party shall serve a copy of the motion on each party.

8026.2 The Commission may reopen a hearing for any cause sufficient to the Commission if no appeal is pending before a court or has been decided by a court.

8026.3 If the Commission finds good cause to reopen a hearing, the Commission shall, as soon as practicable, fix a time and place for a hearing and give the parties notice of the hearing.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2455 (March 18, 2011).

5-A DCMR § 8027 RECONSIDERATION

8027.1 Within fifteen (15) days after the date of the service of a final decision, a party may file a motion requesting that the Commission reconsider the final decision based on reasons of mistake, surprise, excusable neglect, newly discovered information, fraud or misrepresentation by an opposing party, or that the order has been satisfied. The moving party shall serve a copy of the motion on each party.

8027.2 If a motion is based in whole or in part on new information, the information shall be set forth in an affidavit, containing a statement that the moving party could not with due diligence have known or have discovered the new information prior to the hearing.

8027.3 The Commission may, in the Commission’s discretion, permit or require oral argument upon a motion for reconsideration.

8027.4 The Commission shall grant or deny a motion for reconsideration within forty-five (45) days after the filing of the motion. If the Commission does not grant the motion within the forty-five (45) day period, the motion shall be deemed denied.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2455 (March 18, 2011).

5-A DCMR § 8028 COMPUTATION OF TIME

8028.1 In computing a period of time specified in this chapter:

(a) “Day” shall mean calendar day;

(b) The day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holiday, or day on which the Commission is officially closed, in which event the time period shall continue until the next day that is not a Saturday, Sunday, legal holiday, or day on which the Commission is officially closed.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2455 (March 18, 2011).

5-A DCMR § 8029 IMPLEMENTATION

8029.1 The Commission may issue one (1) or more handbooks setting forth administrative procedures, guidelines, and forms to be used to carry out the rules of this chapter.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2456 (March 18, 2011).

5-A DCMR § 8030 FEES

8030.1 A postsecondary degree granting educational institution may be assessed fees to achieve the purposes of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1301, et seq.).

8030.2 All fees shall be payable to the District of Columbia Treasurer by certified check, money order, cashier’s check, or electronic payment.

8030.3 The following fees shall apply to a postsecondary degree granting educational institution or agent:

(a) Two hundred dollars ($200) for a new applicant workshop;

(b) Five thousand dollars ($5,000) for each application for licensure;

(d) One thousand dollars ($1,000) per person for an application for an agent’s license;

(e) One thousand five hundred dollars ($1,500) for an application for conditional exemption from licensure; and

(f) One thousand five hundred dollars ($1,500) for an application to convert a provisional license to a permanent license.

8030.4 There shall be a fee of three thousand five hundred dollars ($3,500) for an application for reinstatement of a license. Receipt of the reinstatement application fee by the Commission shall not constitute approval of the application.

8030.5 Fees for amendments to a current license shall be assessed as follows:

(a) Three hundred dollars ($300) for each new program of study or change of an existing program of study;

(b) Two hundred dollars ($200) for each new facility where educational instruction is to be offered;

(d) Five hundred dollars ($500) for a change of ownership.

8030.6 Licensed educational institutions and educational institutions exempt from licensure shall pay a fee based upon the total number of the institution’s full time students or their equivalents, as calculated pursuant to sections 8013 and 8014. The fee shall be as follows:

(a) One hundred fifty dollars ($150) for one (1) to (100) full-time students or their equivalents;

(b) Two hundred fifty dollars ($250) for one hundred one (101) to two hundred fifty (250) full-time students or their equivalents;

(c) Three hundred fifty dollars ($350) for two hundred fifty-one (251) to one thousand (1,000) full-time students or their equivalents;

(d) Six hundred fifty dollars ($650) for one thousand one (1,001) to one thousand five hundred (1,500) full-time students or their equivalents; and

(e) One thousand dollars ($1,000) for more than one thousand five hundred (1,500) full-time students or their equivalents.

8030.7 An application fee shall be paid at the time the application is submitted to the Commission.

8030.8 An additional fee of five hundred dollars ($500) shall be applied to an application received after the license expiration date.

8030.9 An application or other data submission requiring payment of a fee shall be deemed incomplete, and will not be logged as received, if the application does not include the fee(s).

8030.10 The fee for a site evaluation for a licensed institution shall be not less than eight hundred dollars ($800) and may in the discretion of the Commission be increased by a reasonable amount based upon the time and complexity of the evaluation.

8030.11 There shall be a fee of ten dollars ($10) for each student transcript and five dollars ($5) per page for other documents in the student record that are furnished by the Commission.

8030.12 There shall be a fee of thirty-five dollars ($35) for each duplicate license.

8030.13 The fees established by this section shall be non-refundable.

8030.14 The Commission, for good cause, may waive a fee or any portion of a fee upon receipt of a written request.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2456 (March 18, 2011).

5-A DCMR § 8031 WAIVERS

8031.1 The Commission may for good cause waive in whole or in part one (1) or more of the requirements of this chapter in granting a license to a postsecondary degree granting educational institution; except, that the Commission may not waive a requirement of any statute.

History

Source: Notice of Final Rulemaking published at 58 DCR 2424, 2456 (March 18, 2011).

5-A DCMR § 8099 DEFINITIONS

When used in this chapter, the following terms shall have the meanings ascribed.

Agent - a person owning an interest in, employed by, or representing for remuneration, a postsecondary degree granting educational institution, whether such institution is located within or outside the District, and who solicits or offers in the District to enroll students or enrollees for such institution, or who holds himself or herself out to residents of the District of Columbia as representing a postsecondary degree granting educational institution for any such purpose.

Commission - the Education Licensure Commission (ELC).

Diploma or Certificate – shall have the meaning ascribed in section 201(4a) of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1302(4a))).

Degree – shall have the meaning ascribed in section 201(5) of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1302(5)).

District - the District of Columbia.

Educational institution - shall have the meaning ascribed in section 201(4) of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1302(4)).

Education – a class, course, or program of instruction or study at the postsecondary level in whatever form, manner, or medium provided, whether by personal attendance or correspondence.

Facility – shall have the meaning ascribed in section 201(14) of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1302(14)).

Grant - awarding, selling, conferring, bestowing, or giving.

License - shall have the meaning ascribed in section 201(12) of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1302(12)).

Non-profit – an organization or institution that is exempt from federal income tax under the provisions of section 501(c)(3) of the Internal Revenue Code of 1954, approved August 16, 1954 (68A Stat. 163; 26 U.S.C § 501(c)(3)) and that meets the requirements of the District of Columbia Nonprofit Corporation Act, approved August 6, 1962 (76 Stat. 265; D.C. Official Code § 29-301 et seq.).

Offer - in addition to its usual meaning, includes advertising, publicizing, soliciting, or encouraging any person, directly or indirectly, in any form, to perform the act described.

Operate – shall have the meaning ascribed in section 201(11) of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code § 38-1302(11)).

Party - shall have the meaning ascribed in section 3(10) of the District of Columbia Administrative Procedures Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-502(10)).

Postsecondary - a level of education beyond high school.

Person - an individual, group of individuals, firm, partnership, corporation, association, company, society, trust, educational institution, or any other entity.

History

Source: Final Rulemaking published at 37 DCR 6595, 6618 (October 19, 1990); as amended by Notice of Final Rulemaking published at 58 DCR 2424, 2456 (March 18, 2011).

5-A81 POSTSECONDARY NON-DEGREE SCHOOLS

5-A DCMR § 8100 GENERAL AUTHORITY; PURPOSE

8100.1 This chapter is promulgated pursuant to authority set forth in sections 6(b)(3) and 9 of the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1306(b) through (e) and 38-1309 (2011 Supp.)).

8100.2 The purpose of this chapter is to set forth the criteria and fees for licensing:

(a) Postsecondary non-degree schools operating or incorporated in the District, which offer instruction that does not result in credit toward a college degree; and

(b) Agents soliciting students in the District on behalf of such schools.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §§6(b)(3) and 11 of the Educational Licensure Commission Act of 1976, D.C. Law 1-104, D.C. Code §§31-1606(a)(3) and 31-1611 (1992 Supp.), Mayor's Order 89120.
SOURCE: Final Rulemaking published at 37 DCR 6619 (October 19, 1990); as amended by Notice of Final Rulemaking published at 59 DCR 531 (January 27, 2012).

5-A DCMR § 8101 APPLICABILITY AND EXCLUSIONS

8101.1 This chapter shall apply to all private, postsecondary non-degree schools, and their agents; which are required to be licensed by the Commission by D.C. Law 1-104, as amended, D.C. Code §§31-1601 et seq. (1993 Repl. Vol.).

8101.2 In general, schools and agents shall be subject to this chapter, if they operate in the District or are incorporated in the District and operate elsewhere, unless excluded by law. -

History

SOURCE: Final Rulemaking published at 37 DCR 6619 (October 19, 1990).

5-A DCMR § 8102 LICENSES

8102.1 The Commission shall license non-degree schools subject to this chapter which the Commission determines to be in compliance with the requirements of law and this chapter.

8102.2 The Commission shall award a license to every school which the Commission determines complies, or can within a reasonable time comply, with all requirements of this chapter, which license may be subject to such conditions as the Commission deems necessary to achieve full compliance with this chapter.

8102.3 The Commission recognizes that the requirements of this chapter may not be equally applicable to each school, and may for good cause waive in whole or in part one or more of the requirements of this chapter in granting a license to a school; except that the Commission may not waive any requirement of a statute.

8102.4 The Commission shall issue the following:

(a) Initial or renewal licenses for a period of not more than one (1) year;

(b) A renewal license for a period of not more than two (2) years, provided the licensee has completed the initial one-year licensure period and is in full compliance with the provisions of this Chapter; and

(c) A renewal license for a period of not more three (3) years, provided the licensee has completed a five-year period of continuous licensure, during which time the licensee has been in good standing and full compliance with the provisions of this Chapter.

8102.5 A school shall file an application for renewal of its license at least sixty (60) days prior to the expiration date of the license.

8102.6 Is deleted

8102.7 If a school allows its license under this chapter to expire, without the Commission's concurrence in a short-term extension to permit overcoming identified obstacles to applying for license renewal, the Commission may require

the school to apply for an initial license, as if the school had never been licensed.

8102.8 Upon a change in ownership of a school, the school shall file with the Commission an application for amendment of its license pursuant to §2223.

8102.9 Nothing in this chapter shall be construed to invalidate a current license to operate a school held by any person or school on the effective date of this chapter.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6620 (October 19, 1990); as amended by Final Rulemaking published at 53 DCR 3065-3066(April 14, 2006).

5-A DCMR § 8103 STANDARDS FOR LICENSURE

8103.1 The standards for licensure of a school by the Commission are set forth in §§2204 through 2221 of this chapter.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6620 (October 19, 1990).

5-A DCMR § 8104 INTEGRITY

8104.1 A school shall conduct its business with honesty and fair dealing with its employees, its students, the government and the public.

8104.2 A school shall comply with all applicable laws and regulations of the District of Columbia; with the conditions of any tax exemption, student or other financial assistance from a public agency, license or permit; and with the requirements of this chapter.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6621 (October 19, 1990).

5-A DCMR § 8105 MISSION

8105.1 A school shall have a written statement which clearly describes its mission and purposes. The statement shall describe the goals of the school in regard to the instruction of students, specialized research and public service; and its point of view and any specialized constituencies that it serves.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6621 (October 19, 1990).

5-A DCMR § 8106 CONTROL

8106.1 A school shall clearly delineate the responsibilities for control of the operation of the school and its programs, identifying the policies to be established, severally or jointly, by the following:

(a) Its governing body;

(b) The chief executive officer;

(d) Faculty members;

(e) Students; and

(f) Others.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6621 (October 19, 1990).

5-A DCMR § 8107 ADMINISTRATION

8107.1 A school shall be adequately organized and administered to achieve its mission and goals.

8107.2 A school shall have the following:

(a) An organization chart showing the principal subdivisions of the school and the title of the principal officer for each;

(b) An adequate administrative staff, and written position descriptions for the principal administrative positions;

(d) A process for self analysis, forecasting, planning and reform of the operations and programs of the school.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6621 (October 19, 1990).

5-A DCMR § 8108 FINANCES

8108.1 A school shall have adequate financial resources to achieve its mission and goals.

8108.2 A school shall have the following:

(a) Plans and arrangements for the medium and long term financial stability of the school;

(b) Ultimate authority in the governing body to allocate financial resources and for the accountability for such resources;

(d) A written enrollment agreement, which clearly sets forth the obligations of the school and the student;

(e) Adequate arrangements for assuring strict compliance with the requirements of any student or school financial assistance provided by government agencies; and

(f) An annual audit by an independent certified public accountant, or other financial statement acceptable to the Commission.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6622 (October 19, 1990).

5-A DCMR § 8109 INSTRUCTORS

8109.1 A school shall have a sufficient number of full-time teaching appointments to ensure continuity and stability of the educational program and to provide adequate educational association between students and faculty.

8109.2 Each instructor employed by the school shall meet the following requirements:

(a) Hold all licenses, certificates and ratings that are necessary for the instructor to teach in the field of employment;

(b) Have a background of education, training, or occupational experience in the specific area of teaching indicating competency to provide instruction that will assist students toward successful achievement of the objectives of the course or program; and be limited to instructing only such courses as are covered by such demonstrable competency;

(c) Upon initial employment, have sufficiently recent educational or occupational experience to ensure current knowledge in the teaching fields; and

(d) Be limited in course load and class size to those to which the instructor can adequately prepare for and present.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6622 (October 19, 1990).

5-A DCMR § 8110 INSTRUCTIONAL PROGRAM

8110.1 All courses in terms of content and length of instruction shall be of such nature and quality as to ensure reasonably that the students will adequately develop the job skills and knowledge necessary for obtaining employment in the occupation for which the instruction is offered.

8110.2 A school shall meet the following requirements for its instructional program:

(a) The curricula and programs of study shall provide sequences of subjects leading to competence appropriate to each level of study and the requirements for certificates shall be clearly delineated;

(b) Each course offered shall have a written outline with examination expectations;

(c) A course or program offered by correspondence, extension, telecommunications, or in summer session shall be consistent with the objectives and purposes of the school, and shall be consistent with and comparable in quality to courses offered to students regularly enrolled on a full-time basis;

(d) A diploma or certificate conferred in recognition of satisfactory completion of program requirements, which is earned in whole or in part by correspondence, telecommunications or other extra-mural study, shall comply with the requirements of this chapter; and

(e) If an institution provides instruction in a field for which a professional or occupational license is required to practice in the District of Columbia, the instruction shall meet all applicable requirements of the professional or occupational licensure law, as determined by the Commission.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6623 (October 19, 1990).

5-A DCMR § 8111 ADMISSION REQUIREMENTS

8111.1 A school shall have clearly delineated, fair and objective standards for admission of students.

8111.2 A school shall meet the following requirements for admission of students:

(a) Every person admitted to instruction shall be a bona fide student, intending to complete the program to which admitted;

(b) Every first-time student admitted shall have a high school diploma or equivalent; or shall have demonstrated to the satisfaction of the school, by a method which has received the prior approval of the Commission, a reasonable ability to benefit from the proposed curriculum, and to successfully complete the educational program in which the student proposes to enroll;

(d) Decisions regarding admission shall be made by employees of the school whose compensation is not directly tied to the level of enrollment, and who have no direct financial interest in whether a particular individual is admitted or not.

8111.3 A school shall establish procedures and standards for the review of the previous education and training of each applicant, for the award of credit for the experiences the school deems appropriate and for shortening the training period accordingly.

History

SOURCE: Final Rulemaking published at 37 DCR 6619. 6623 (October 19, 1990).

5-A DCMR § 8112 RETENTION OF STUDENTS

8112.1 A school shall make reasonable efforts to assure that students admitted to instruction are retained until completion of the program for which admitted, so long as their conduct and academic progress are in compliance with the applicable rules of the school, and shall report its retention rate to the Commission as part of its application for initial license or license renewal.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6624 (October 19, 1990).

5-A DCMR § 8113 JOB PLACEMENT

8113.1 A school shall maintain records of each student who obtains employment or advancement within a time period to be specified by the Commission as a result of instruction received at the school, and shall report its placement rate to the Commission as part of its application for initial license or license renewal.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6624 (October 19, 1990).

5-A DCMR § 8114 LIBRARY

8114.1 A school shall maintain a collection of books, periodicals, newspapers, teaching aids and other instructional materials adequate for the needs of the educational programs of the school.

8114.2 A school's collection of books, periodicals, newspapers, teaching aids and other materials shall be readily accessible to the faculty and students, during all hours of school operation.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6624 (October 19, 1990).

5-A DCMR § 8115 PHYSICAL PLANT AND EQUIPMENT

8115.1 A school shall provide and maintain a physical plant with living and study conditions appropriate for the programs of study offered and for the size of faculty and student body. The physical plant shall provide a safe and secure environment for the school's students, faculty and staff.

8115.2 A school shall comply with all District of Columbia governmental regulations with respect to fire hazards, health, safety, and similar requirements.

8115.3 The equipment required for instruction shall be determined by the occupational objective, and shall be comparable to that found in business establishments offering employment in the occupation for which the instruction is being offered.

8115.4 A school shall provide adequate equipment in good working order, which shall be of sufficient quality and quantity to meet the maximum authorized enrollment of any class.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6624 (October 19, 1990).

5-A DCMR § 8116 CATALOG

8116.1 A school shall publish a bulletin or catalog no less than every two (2) years that includes the following information:

(a) The name and address of the school;

(b) Identifying data, such as catalog number and date of publication;

(d) The school calendar, including holidays, enrollment periods and the beginning and ending dates of terms, courses or programs as may be appropriate;

(e) The school's enrollment procedures and entrance requirements, including late enrollment, if permitted;

(f) A description of the school's placement assistance, or if no assistance is offered, a statement to that effect;

(g) The school's attendance policy including minimum attendance requirements, and the following:

(1) The circumstances under which a student may be suspended or removed for unsatisfactory attendance; and

(2) The conditions under which a student may subsequently be readmitted;

(h) The school's policy concerning satisfactory progress, including the following:

(1) How progress is measured and evaluated, including an explanation of any system of grading used;

(2) The conditions under which the student may be readmitted if terminated for unsatisfactory progress; and

(3) A description of any probation policy;

(i) The school's system for making progress reports to students;

(j) The school's policy regarding student conduct, including causes for dismissal and conditions for readmission;

(k) A description of the school's facilities and equipment used for training;

(l) A description of each approved educational service offered including objectives, tuition, fees, and methods of payment and interest charges; and the length, or, in the case of correspondence schools, the number of lessons or units of instruction, as appropriate;

(m) The school's policy concerning credit granted for previous education, training or experience; and

(n) The school's refund policy, which shall include the statement that the official termination date of enrollment shall be the student's last day in class;

(o) The school's criteria for determining that a student is in good standing;

(p) The school's policy governing student withdrawal from enrollment;

(q) The school's procedure for accepting and resolving grievances and complaints, including a statement that a matter affecting the license may be submitted to the Commission if not resolved by the school; and

(r) The school's accreditation, if any.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6625 (October 19, 1990).

5-A DCMR § 8117 STUDENT RECORDS

8117.1 A school shall maintain, for a minimum of five (5) years from completion, student records which shall include at least the following:

(a) A copy of the enrollment contract and other instruments relating to the payment for educational services;

(b) Student information, including the following:

(1) Student name;

(2) Permanent or other address at which the student maybe reached;

(3) Records relating to financial payments and refunds;

(4) Record of attendance for clock hour or contact hour courses; and

(5) Basis for admission;

(d) Record of any student grievance and subsequent resolution; and

(e) Copies of all correspondence or other records relating to the recruitment, enrollment and placement of the student.

8117.2 A school shall maintain as a permanent record and provide, upon request, a transcript to the student who has satisfied all financial obligations currently due and payable to the school. This transcript of the individual student's record of achievement shall be maintained as a permanent record in a form that provides at least the following:

(a) Name of student;

(b) Title of program, including total number of hours of training received and dates of enrollment;

(d) Certificate, diploma or other credential awarded.

8117.3 In support of student academic records, a school shall also maintain as a permanent record descriptions of courses of instruction offered each term, and evidence of any accreditation during any period.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6626 (October 19, 1990).

5-A DCMR § 8118 PUBLICITY AND ADVERTISING

8118.1 A school shall submit to the Commission, at the time of publication or use, copies of all advertising used by the school, including transcripts of radio and television commercials. Foreign language advertising shall be submitted accompanied by an English translation.

8118.2 No school or its agent shall promise or imply a guarantee of placement or employment for graduates, nor include such a promise or implication in any advertisement; nor shall they misrepresent any aspect of the offering being made to prospective students.

8118.3 No school shall solicit students in the employment columns or any similar columns of newspapers or other publications with headings such as "Help-Wanted," "Employment," or "Business Opportunities."

8118.4 All claims to prospective students about future employment, earnings, financial aid or other benefits shall be based upon reasonable evidence maintained by the school, which evidence shall be available for inspection by all parties to whom the claims are made, including the Commission.

8118.5 No school or its agent shall advertise or otherwise imply that the school is "supervised," "recommended," "endorsed," "accredited," or "approved" by the Commission or any other department or agency of the District government.

8118.6 A school may include in its advertising the following legend: "This school is licensed under the Postsecondary School Regulations of the District of Columbia" or "Licensed by D.C. Education Licensure Commission."

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6627 (October 19, 1990).

5-A DCMR § 8119 REFUND POLICIES

8119.1 A school shall furnish to the Commission a schedule of its tuition and fees and its prepaid tuition plan and refund policy.

8119.2 A school shall provide each student a period of seventy-two (72) hours to rescind any contract and to receive a refund of all prepaid tuition unless the student has entered training. This period shall commence from the date of signing, but shall not include or end on any Saturday or Sunday or legal holiday. This subsection shall not apply if a student has begun instruction. For purposes of this Chapter, a student has begun instruction upon attendance of one or more classes.

8119.3 A school shall provide each student, in a contract or on a separate sheet, notice of the student's right to rescind the contract within seventy-two (72) hours of signing and notice of the fact that, upon rescission, the school shall refund all prepaid tuition advanced to the school unless the student has begun instruction.

8119.4 A school shall provide each student a copy of the school's tuition plan and refund policy at the time of enrollment.

8119.5 The Commission shall approve each school's refund policy only when it provides that the amount retained by the school does not exceed an amount calculated in accordance with the following standards:

(a) A reasonable nonrefundable enrollment or registration fee shall be stated in the contract or separately and shall not exceed the lesser of twenty percent (20%) of the total cost of the course or one hundred dollars ($ 100);

(b) If a student begins instruction and withdraws or is discontinued for any reason after instruction begins prior to completion of sixty percent (60%) of the scheduled program, the school shall refund to the student a sum which is the exact pro rata portion of tuition unexpended by the student, rounded to the nearest ten percent (10%), less any unpaid non-tuition charges owed by the student for the period of enrollment for which the student has been charged, and less a reasonable administrative fee not to exceed the lesser of five percent (5%) of the tuition or one hundred dollars ($ 100).

8119.6 The prorated amount under § 2219.5(b) shall be determined by the ratio of the number of weeks or lessons in series of instruction completed by the student to the total number of weeks or lessons of instruction offered. Any portion of a week's attendance by a student shall be considered a full week's attendance for the purpose of this section. In the case of correspondence schools, any portion of a lesson in series shall be considered as a completed series.

8119.7 No school shall request or accept more than thirty percent (30%) of the total tuition prior to commencement of the program or schedule.

8119.8 A school shall make every effort to ensure that enrolled students intend to complete the program in which enrolled.

8119.9 A school shall keep adequate records to ensure that students who delay in requesting a refund are accommodated; provided, that the school is not required to honor a refund request submitted ninety (90) days after the end of the scheduled program for which the student was enrolled.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6628 (October 19, 1990); as amended by Final Rulemaking published at 51 DCR 87-88(January 2, 2004).

5-A DCMR § 8120 CREDIT TRANSACTIONS

8120.1 A school shall not use any contract provision, oral or written representation, or other device or means to deny or abridge the benefits of any applicable Federal or District law or regulation intended to protect consumers or credit purchasers.

8120.2 A school shall not negotiate or assign a promissory note or other instrument of indebtedness executed by or on behalf of a student or the student's parents or guardians without first endorsing on the face of it a legend stating "Any holder takes this instrument subject to the terms and conditions of the contract which gave rise to the debt evidenced hereby."

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6630 (October 19, 1990).

5-A DCMR § 8121 APPLICATION FOR INITIAL LICENSURE

8121.1 A school shall submit to the Commission an application for initial licensure in such form as the Commission may prescribe, and shall not begin offering instruction until a license to do so is issued by the Commission.

8121.2 An application for initial licensure shall contain a description of the manner in which the school complies with each standard for licensure set forth in §§2205 through 2220 of this chapter, or a statement requesting waiver by the Commission of any such standard, in whole or in part, and describing the reasons why such a waiver is considered justified.

8121.3 In addition, an application for initial licensure shall include the following:

(a) The names of the owner or owners, officers, members of the board of directors, managing employees within the District and any other person or business entity having a ten percent (10%) or more ownership interest in the school;

(b) The form and contents of the student enrollment agreement and contract (if not the same as enrollment agreement), which shall include the school's tuition and refund policy;

(d) Annual applications for all agents authorized to represent the school in soliciting prospective students;

(e) Copies of all advertising used by the school during the preceding twelve (12) months including transcripts of radio and television commercials;

(f) Two (2) certified copies of the bulletin or catalog;

(g) A copy of the most recent financial statement of the school prepared by a certified public accountant within twelve months of the application, or other financial statement acceptable to the Commission;

(h) A copy of the school's Certificate of Occupancy and the lease or title to the building or buildings to be used;

(i) The estimated student enrollment at each location in the District and distribution by program of instruction;

(j) A certificate of Non-Discrimination, in conformance with the D.C. Human Rights Act;

(k) A statement of the accreditation status of the school which fully describes the following:

(1) Existing school accreditation, if any, including the period of accreditation and the expiration date;

(2) The type and scope of accreditation;

(3) The name of the issuing association, organization or agency;

(4) The status and scope of any pending applications for accreditation;

(5) Any probation or conditions of existing accreditation; and

(6) Any revocations of accreditation or other actions limiting accreditation during the ten years preceding application to the Commission for license;

(l) A statement describing any authorizations and licenses, other than accreditation, which the school may have from another jurisdiction, which shall include the following:

(1) The type of certificate, license or exemption;

(2) The name of the issuing agency;

(3) The term and expiration date of the certificate or license;

(4) Any conditions to which the certificate or license is subject;

(5) Any application for licensure pending;

(6) Any revocations or other limiting actions by the issuing agency or organization during the ten (10) years preceding application to the Commission for licensure; and

(7) Any denials of an application for a license or certificate during the ten years preceding the application to the Commission for licensure, and the reasons for the denial;

(m) A statement of the school's calculation of retention and placement rates, according to the Commission's guidelines;

(n) The license fee and surety required by this chapter; and

(o) Any other information as the Commission may require.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6630 (October 19, 1990).

5-A DCMR § 8122 APPLICATION FOR LICENSE RENEWAL

8122.1 No less than sixty (60) days prior to the expiration date of the license was issued, a licensee wishing to renew a license shall submit to the Commission an application for renewal of the license in such form as the Commission may require.

8122.2 An application for renewal of a license shall include:

(a) A renewal application form;

(b) A copy of the institution's catalogue published within two years of the date of submission to the Commission, unless otherwise authorized by the Commission upon request by the institution;

(d) The licensure fees and sureties required by this chapter;

(e) A description of any differences in its ownership, locations, organization, program, officers or faculty since the previous licensure action by the Commission;

(f) A description of any such changes proposed during the period of license renewal.

(g) A description of the means whereby the school has satisfied any conditions of the current license by the Commission, or a statement justifying the renewal of the license in view of all such conditions not having been satisfied;

(h) A copy of the most recent financial statement of the school, prepared within twelve (12) months of the application by a certified public accountant, or other financial statement acceptable to the Commission;

(i) A statement of the calculation of the school's retention and placement rates; and

(j) Such other information as the Commission may require.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6632 (October 19, 1990) ; as amended by Final Rulemaking published at 53 DCR 3066(April 14, 2006).

5-A DCMR § 8123 APPLICATION FOR LICENSE AMENDMENT

8123.1 A school licensed by the Commission shall submit an application for an amended license in a form determined by the Commission, whenever there is a change in ownership, locations subject to the license, certificates offered, or other condition of the license that, in the opinion of the Commission, requires an amendment.

8123.2 An application for an amended license to authorize a new program or certificate shall include the following:

(a) The reason for offering the new program of study;

(b) An outline of the curriculum for the new program of study;

(d) The qualifications of the faculty to be involved in the new program of study;

(e) The anticipated enrollment for the new program;

(f) The financial resources to support the new program of study;

(g) A description of how the new program of study relates to the objectives of the school;

(h) Any licensure fee and surety required by this chapter; and

(i) Any other information as the Commission may require.

8123.3 An application for amendment of the license to include authority for new programs of study, location or ownership shall be subject to the same requirements as an application for initial licensure, including site evaluation, if the Commission deems such a visit to be necessary.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6633 (October 19, 1990).

5-A DCMR § 8124 MONITORING COMPLIANCE

8124.1 The Commission may monitor a school's compliance with this chapter by means of a site evaluation visit by representatives of the Commission, by other inspections and by review of reports and other information required by this chapter.

8124.2 The premises and all records of a school shall be made accessible to a representative of the Commission for inspection during normal business hours.

8124.3 On reasonable notice, the Commission may require a site evaluation by, or report to the Commission, regarding compliance with any requirement of this chapter.

8124.4 The Commission may appoint a site evaluation team, which may consist of Commissioners or Commission staff members, or both, and such independent evaluators as the Commission deems necessary to assist the Commission in the evaluation, appraisal and review of an application for licensure or amendment, or investigation of a complaint.

8124.5 A Commission member or a staff member of the Commission, or both, may serve as observers of the evaluation team.

8124.6 The purpose of a site visit shall be to verify information submitted by the applicant or licensee, and otherwise determine compliance with the requirements of this chapter. It may include, but not be limited to, the following:

(a) Interviews with a school's staff;

(b) Inspection of facilities including administrative offices;

(d) Review of any other matters as may be relevant to the purpose.

8124.7 A school shall cooperate with the evaluation team in making records and personnel available and shall comply with all reasonable requests by the team, including private interviews and private meeting rooms.

8124.8 The Commission may request the school to submit documents containing current information, prior to the initiation of a site evaluation visit by the Commission.

8124.9 The evaluation team shall submit a written report with recommendations to the Commission after the site visit, and the Commission shall provide a reasonable opportunity for review of the report and comment by the school.

8124.10 The Commission shall consider the evaluation team report as one basis for a subsequent action on the license.

8124.11 An accredited school, or one seeking accreditation, shall make provision for a representative of the Commission to accompany teams of evaluators on all visits to the school's facilities in the District by evaluators from an accrediting commission, at no cost to the Commission, and furnish to the Commission within thirty (30) days of receipt a copy of every final report submitted to and received from the accreditation commission, including the reports of any site evaluation submitted to the school by the accrediting commission and notices of accrediting commission action regarding accreditation of the school.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6633 (October 19, 1990).

5-A DCMR § 8125 SURETY REQUIREMENT

8125.1 A school shall provide a bond or other surety acceptable to the Commission so long as the school operates within the District of Columbia.

8125.2 The bond or surety shall be payable to the Commission for the purpose of protecting students should the school declare bankruptcy or otherwise breach its contract with its students by terminating an educational program without providing adequate student refund or teach-out arrangements.

8125.3 A student, or the student's parent or guardian, who is aggrieved by an action under §2225.2 has a right of action on the bond for the recovery of money, or damages, or both.

8125.4 The amount of surety required to be filed by a school shall be as follows:

Number Students Enrolled

Annual Net Tuition Received

Amount of Surety

or fewer

and

$100,000 or less

$500

to 150

$100,000 to $1.000,000

$10,000

151

or more

$1,000,001 and up*

$20,000

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6635 (October 19, 1990).
EDITOR'S NOTE: The Final Rulemaking had "$1,000,001 to $1,000,000." The entry next to the asterisk reflects the agency's actual intent.

5-A DCMR § 8126 AGENT LICENSES

8126.1 An agent of any school located outside of the District which would be subject to licensure under this chapter if it were to operate within the District, who solicits students within the District shall be licensed by the Commission, as specified in this chapter.

8126.2 An agent shall make application to the Commission for an agent's license, upon forms provided by the Commission. An agent shall obtain a separate license for each school the agent represents.

8126.3 An agent's license shall be issued for a period of not more than one (1) year beginning on November 1st and expiring the following October 31st.

8126.4 An agent shall file an application for renewal of a license sixty (60) days prior to the expiration of the license, accompanied by the required surety and licensing fee

8126.5 The Commission, upon approval of an application for an agent's license, shall prepare and deliver to each agent an identification card containing the name and address of the agent and the employing school, and certifying that the person whose name appears on the card is an authorized agent of that school.

8126.6 An agent shall carry the identification card and show it to prospective students upon request.

8126.7 An agent shall be a person of good character, who understands and can present fully and accurately to prospective students or enrollees the educational program being offered, the requirements for admission and graduation, and the fees for such programs and any other conditions of the offering.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6635 (October 19. 1990).

5-A DCMR § 8127 AGENT'S SURETY

8127.1 The Commission shall not issue or review an agent's license until the applicant for the license has filed with the Commission a corporate surety bond or other security approved by the Commission.

8127.2 The surety bond shall be payable to the Commission.

8127.3 A student, or the student's parent or guardian, who is aggrieved by a violation of this chapter by an agent shall have a right of action on the bond for the recovery of money, or damages, or both.

8127.4 The amount of bond required to be filed under this section shall be twenty-five hundred dollars ($2,500).

8127.5 A school may file a blanket surety bond for all its authorized agents in an amount to be determined by the Commission, but in no case greater than fifteen thousand dollars ($15,000).

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6636 (October 19, 1990).

5-A DCMR § 8128 LICENSING FEES

8128.1 A postsecondary non-degree school and each agent licensed by the Commission under this chapter shall pay license fees to achieve the purposes of the Educational Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1301, et seq. (2011 Supp.)).

8128.2 The following fees shall apply to a postsecondary school or agent:

(a) Two hundred dollars ($200) for a new applicant workshop;

(b) Three thousand dollars ($3,000) for each application for licensure (covering up to three (3) programs of study) and three hundred ($300) for each additional program of study;

(d) One thousand dollars ($1,000) per person for an application for an agent’s license.

8128.3 An additional fee of five hundred dollars ($500) shall be applied to an application received after the license expiration date.

8128.4 There shall be a fee of three thousand five hundred dollars ($3,500) for an application for reinstatement of a license which has become void by operation of expiration of its term and remained void for a period of six (6) months or more. Receipt of the reinstatement application fee by the Commission shall not constitute approval of the application.

8128.5 Fees for amendments to a current license shall be assessed as follows:

(a) Three hundred dollars ($300) for each new program of study or change of an existing program of study;

(b) Two hundred dollars ($200) for each new facility where educational instruction is to be offered;

(d) Five hundred dollars ($500) for a change of ownership of the school.

8128.6 Licensed postsecondary non-degree schools shall pay a fee based upon the number of students enrolled in the school, total tuition income, or both. The fee shall be as follows:

(a) One hundred fifty dollars ($150) for up to fifty (50) students enrolled or one hundred thousand dollars ($100,000) annual tuition received;

(b) Two hundred fifty dollars ($250) for fifty-one (51) to one hundred fifty (150) students enrolled or over one hundred thousand dollars ($100,000) to one million dollars ($1,000,000) annual tuition received; or

(c) Three hundred fifty dollars ($350) for one hundred fifty-one (151) or more students enrolled or over one million dollars ($1,000,000) annual tuition received.

8128.7 An application fee shall be paid at the time the application is submitted to the Commission.

8128.8 An application or other data submission requiring payment of a fee shall be deemed incomplete, and will not be logged as received, if the application or data submission does not include the fee(s).

8128.9 The fee for a site evaluation for a licensed institution shall be not less than eight hundred dollars ($800) and may in the discretion of the Commission be increased by a reasonable amount based upon the time and complexity of the evaluation.

8128.10 There shall be a fee of ten dollars ($10) for each student transcript and five dollars ($5) per page for other documents in the student record that are furnished by the Commission.

8128.11 There shall be a fee of thirty-five dollars ($35) for each duplicate original license.

8128.12 The fees established by this section shall be non-refundable.

8128.13 All fees shall be payable to the District of Columbia Treasurer by certified check, money order, cashier’s check, or electronic payment.

8128.14 The Commission, for good cause, may waive a fee or any portion of a fee upon receipt of a written request.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6636 (October 19, 1990); as amended by Notice of Final Rulemaking published at 59 DCR 531, 532 (January 27, 2012).

5-A DCMR § 8129 CLOSING AN INSTITUTION

8129.1 A school which closes shall make arrangements for its students and for the safekeeping of its records, as set forth in this section.

8129.2 Closure of a school shall be done in accordance with a written plan which is submitted to the Commission at least ninety (90) days prior to closure and approved by the Commission, and which states how the school will comply with the requirements of this section.

8129.3 The closure plan and actions to close a school shall provide for the following:

(a) Cease all recruitment activities and bar all new student enrollments;

(b) Provide all enrolled students an opportunity to complete their program of studies, or to receive maximum assistance for orderly transfer to another educational institution acceptable to the student;

(c) Notify all enrolled students of the phase-out plan, describing their financial obligations as well as their rights to a refund or adjustment, and provisions made for assistance toward completion of their academic program, whether in the school that is closing, or by transfer;

(d) Provide the Commission with copies of the closing or phase out notices, including copies of all communications sent to students;

(e) Make provision for transferring all official records of the students to the Commission's office, and notify students of this location and how they may obtain official copies;

(f) Notify the Corporations Division of the D.C. Department of Consumer and Regulatory Affairs and other authorities of the status of the school or corporation, including the filing of a final report, if appropriate; and

(g) Protect the rights of staff, suppliers, and creditors.

8129.4 During the phase-out process, the school shall submit progress reports to the Commission on closure under the plan noting unanticipated or serious problems. The Commission shall monitor the closure, and require the school to comply with the objectives as well as the specific provisions of the approved closure plan.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6637 (October 19, 1990).

5-A DCMR § 8130 TRANSFER OF RECORDS OF CLOSED SCHOOL

8130.1 In the event that any school licensed under this chapter discontinues its operation, the chief executive officer, by whatever title designated, of the school shall cause to be filed with the Commission the original or legible true copies of all records of such school specified by the Commission.

8130.2 The records deposited with the Commission shall include, at a minimum, the academic records of each former student, which shall include:

(a) Academic transcripts showing the basis for admission, transfer credits, courses, credits, grades, graduation authorization, and student name changes for each student;

(b) Transcripts of financial aid for each student;

(d) Veterans Administration records for veterans;

(e) Copies of degrees, diplomas and certificates awarded to students (if maintained);

(f) One set of course descriptions for courses shown on transcripts; and

(g) Evidence of accreditation, if any, during years covered by transcripts.

8130.3 If the Commission transfers the records from the school, the school shall pay the cost of the transfer.

8130.4 The Commission shall issue certified copies of transcripts of student courses and grades, and of other documents in the records; and shall furnish other official information from such records to former students and schools to which the former student applies; and may disclose such records to others who have a right to disclosure under law or regulation.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6638 (October 19, 1990).

5-A DCMR § 8131 DENIAL, SUSPENSION AND REVOCATION

8131.1 In accordance with procedures consistent with the provisions of the District of Columbia Administrative Procedure Act approved October 22, 1968 (82 Stat. 1204; D.C. Code §§1-1501 et seq.), and §2234 of this chapter, the Commission may suspend or revoke the license of a school for failure to comply with the provisions of this chapter, and may refuse to issue a license.

8131.2 If the Commission have reason to believe that a licensed institution is not in compliance with the requirements of law or this chapter, the Commission may, at its own expense, conduct such investigation as it deems necessary to issue a notice under §2234 of this chapter, including a site evaluation visit.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6638 (October 19, 1990).

5-A DCMR § 8132 COMPLAINTS

8132.1 The Commission, on its own motion or on the receipt of a complaint submitted in accordance with this section, may request the Executive Director to investigate an applicant or licensee if the facts alleged in the complaint, if proven, would constitute a violation of the requirements of this chapter.

8132.2 A person who desires to file a complaint against an applicant or licensee shall do the following:

(a) Submit the complaint in writing;

(b) Sign the complaint and state the complainant's name and address; and

8132.3 Nothing in §8132.2 precludes the Commission, on its own motion, from requesting the Executive Director to investigate an applicant or licensee based on information obtained from a Commissioner or a Commission staff member.

8132.4 Upon receiving a complaint, the Commission may, in its discretion, request that the applicant or licensee against whom the complaint is made respond in writing to the allegations contained in the complaint. If the Commission requests such a response, it shall inform the applicant or licensee that the Commission may send a copy of the response to the complainant.

8132.5 If the Commission receives a written response pursuant to §8132.4, it may, in its discretion, send a copy of the response to the complainant and request a written reply within a time period determined by the Commission.

8132.6 After considering a complaint against an applicant or licensee, and any response thereto, the Commission may take one of the following actions:

(a) Refer the complaint to the Executive Director for further investigation or for monitoring of improvements initiated by the applicant or licensee which are responsive to the complaint;

(b) Set the matter for a hearing in accordance with §8133; or

8132.7 If the Commission dismisses a complaint, it shall give the complainant notice in writing, sent by first class mail, of the dismissal of the complaint within ten (10) days of the action.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6639 (October 19, 1990).

5-A DCMR § 8133 NOTICE AND HEARINGS

8133.1 The notice to the applicant or licensee shall specify what action is contemplated, the basis for the action, and that the proposed action shall be taken if no hearing is requested, or if the applicant or licensee fails to appear at a requested hearing.

8133.2 The notice shall inform the applicant or licensee of the right to request, within ten (10) days from service of notice, a hearing before the Commission.

8133.3 If a person who was sent a notice of a proposed action pursuant to §2233.2 does not mail or deliver a request for a hearing within the time and in the manner required under that section, the Commission may, without a hearing, take the action contemplated in the notice.

8133.4 If a person scheduled for a hearing does not appear for the hearing, and no continuance is granted, the hearing officer may cancel the hearing, and the Commission may proceed to act; or the hearing officer may receive evidence and hear testimony and the Commission may render a decision on the basis of evidence before it.

8133.5 The Commission, prior to rendering a decision, may, upon written request from the respondent and payment of the required fee, send a copy of the transcript or summary of the hearing to the respondent and request proposed findings of fact and conclusions of law from the respondent within thirty (30) days of the scheduled date of the hearing.

8133.6 The Commission shall inform the respondent and the Corporation Counsel of an action taken under §8133.3 or 8133.4.

8133.7 If a respondent requests a hearing, the Commission shall within thirty (30) days following receipt of the request, notify the respondent of the date, time, and place of the hearing.

8133.8 The Commission shall hold the hearing not less than fifteen (15) days following the date of service of the notice under 8133.7, unless the Commission, the respondent, and the Corporation Counsel agree to the holding of the hearing at an earlier date.

8133.9 A notice, order or decision required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record.

8133.10 Service on a respondent shall be directed to the last known address of the respondent on file with the Commission and shall be completed by one of the following methods:

(a) By personal delivery;

(b) By leaving it at the party's office with a person in charge or an employee; or, if the office is closed or the party to be served has no office, by leaving it at the party's usual place of residence with a person of suitable discretion sixteen (16) years of age or older residing there;

(d) In conformity with an order of the Commission made in any hearing.

8133.11 If service is by personal delivery, it shall be deemed to have been served at the time when delivery is made to the party, or other person served.

8133.12 If service is by certified mail, it shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.

8133.13 If the party is no longer at the last known address as shown by the records of the Commission, and no forwarding address is available, service shall be deemed to have been made on the date the return receipt bearing that notification is received by the Commission.

8133.14 All hearings before the Commission are open to the public.

8133.15 A respondent entitled to a hearing has the following rights:

(a) The right to be represented by an attorney;

(b) The right to present all relevant evidence by means of witnesses, books, papers, and other documents; and

8133.16 After a hearing, and within time limits established by the Commission, the parties may submit proposed findings of fact, conclusions of law, and order, and may also submit memoranda of law on issues of law arising during the hearing.

8133.17 All testimony at a hearing before the Commission shall be under oath or affirmation.

8133.18 The Commission shall exclude irrelevant, immaterial, and unduly repetitious evidence.

8133.19 All parties at a hearing shall maintain decorum and good order at all times, and the Commission may exclude or have removed from the hearing room any person violating any reasonable order of the hearing officer.

8133.20 The Commission may authorize a hearing officer designated by the Commission to conduct a hearing in any matter that the Commission is authorized to conduct a hearing under this chapter.

8133.21 The hearing officer of the Commission has the powers and duties given to the Commission by this chapter and the act, except the power to render a final decision.

8133.22 When there is a hearing, the record shall be closed at the conclusion of the hearing. However, when the hearing officer allows the parties to submit arguments, briefs or documents previously identified for introduction into evidence, the record shall be left open for such time as the hearing officer grants for that purpose.

8133.23 The hearing record shall be closed on the date set by the hearing officer as the final date for the receipt of submissions of the parties to any proceeding.

8133.24 A recommended decision of a hearing officer shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based on the findings of fact and application of the laws; and

8133.25 The Commission, within sixty (60) days of completion of the hearing, shall render a final decision and notify the respondent and the Corporation Counsel of the action.

8133.26 The Commission may, with the agreement of all parties, extend the sixty (60) day period in which it is required to render a decision.

8133.27 If the decision proposed by the hearing officer is adverse to the respondent, the Commission, prior to issuing a final decision, shall serve the respondent with a copy of the decision and give the respondent an opportunity to file with the Commission within ten (10) days of the date of service exceptions, and written argument in support thereof.

8133.28 Respondent's submission under §8133.27 shall set forth objections to the findings and recommendations of the hearing officer supported by reference to the record.

8133.29 The Commission may adopt the decision recommended by the hearing officer, in whole or in part. The Commission shall issue a final decision and order a date for compliance.

8133.30 In a hearing resulting from a proposed action to reduce, suspend or revoke a license, the Commission has the burden of proving by a preponderance of the evidence that the action should be taken.

8133.31 In a hearing resulting from a proposed action to deny a license, the applicant has the burden of satisfying the Commission of the applicant's qualifications by a preponderance of the evidence.

8133.32 In all hearings conducted under this chapter, the Commission shall make a complete record of all evidence presented during the course of a hearing.

8133.33 The Commission shall make a transcript of a hearing on a proposed action, unless the parties and the Commission agree not to have a transcript made.

8133.34 If the Commission does not make a transcript of the hearing, it shall make an electronic recording of the hearing.

8133.35 The Commission shall provide a copy of an approved transcript or recording of a hearing to any person requesting it, upon payment of the required fee.

8133.36 In the event of disputes with respect to the record, the Commission shall settle the record and rule on all contested motions to correct the record.

8133.37 A decision of the Commission shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(d) A statement informing the respondent of the right to have the decision reviewed by the District of Columbia Court of Appeals, and the time within which judicial review must be sought according to the rules of that Court.

8133.38 The Chair of the Commission shall sign an order, decision, or other document of the Commission on behalf of the Commission; Provided, that the Commission by majority vote may designate another member to sign.

8133.39 Within five (5) days after a decision is rendered, the Commission shall serve a copy of the written decision upon the respondent, or the respondent's counsel of record.

8133.40 The Commission, on motion by a respondent, may, for good reason, stay the imposition of an order pending appeal or reconsideration.

8133.41 In computing any period of time specified in this chapter, "day" shall mean calendar day; except that the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is a Saturday, Sunday, legal holiday, or day on which the Commission is officially closed, in which event the time period shall continue until the next day that is not a Saturday, Sunday, legal holiday, or day on which the Commission is officially closed.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6640 (October 19, 1990).

5-A DCMR § 8134 REOPENING A HEARING

8134.1 If, because of accident, sickness, or other good cause, a respondent fails to receive a notice of a hearing or fails to appear for a hearing, the respondent may, within fifteen (15) days from the date of service of the decision, apply to the Commission to reopen the hearing.

8134.2 If the Commission finds good cause to reopen a hearing, the Commission shall, as soon as practicable, fix a time and place for a hearing and give the parties notice of the hearing.

8134.3 The Commission may reopen a hearing for any cause sufficient to the Commission, provided that no appeal is pending before a court or has been decided by a court.

8134.4 A decision of the Commission on whether to reopen a hearing is within the discretion of the Commission.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6644 (October 19, 1990).

5-A DCMR § 8135 RECONSIDERATION

8135.1 A respondent may file with the Commission a petition for reconsideration within fifteen (15) days after the date of the service of the decision on that party. The petitioner shall serve a copy of the petition on each party.

8135.2 Neither the filing nor the granting of a petition shall operate as a stay of a decision unless specifically ordered by the Commission. The Commission may grant a stay only upon good cause involving consideration of the likelihood of decisional error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

8135.3 A petition shall state briefly and specifically the following:

(a) The matters of record or points of law alleged to have been erroneously decided or overlooked;

(b) The grounds relied upon; and

8135.4 If a petition is based in whole or in part on new matter, the matter shall be set forth in an affidavit, containing a statement that the petitioner could not with due diligence have known or have discovered the new matter prior to the hearing before the Commission.

8135.5 The Commission may, in the Commission's discretion, permit or require oral argument upon a petition.

8135.6 The Commission shall grant or deny a petition within forty-five (45) days after the filing of the petition. The failure by the Commission to act within that period shall constitute a denial of the petition.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6644 (October 19, 1990).

5-A DCMR § 8136 IMPLEMENTATION

8136.1 The Commission may issue one or more handbooks setting forth administrative procedures, guidelines and forms to be used to carry out this chapter.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6645 (October 19, 1990).

5-A DCMR § 8199 DEFINITIONS

8199.1 When used in this chapter, terms and phrases shall have the meanings ascribed in section 201, D.C. Law 1-104, D.C. Official Code § 38-1302 (2011 Supp.) and as follows:

School - a non-degree, postsecondary educational institution, including an institution offering a program of post-doctoral studies that results in award of a certificate, whether or not offered by a degree-granting institution, unless such institution is granted a license or conditional exemption by the Commission under chapter 81 of this title.

History

SOURCE: Final Rulemaking published at 37 DCR 6619, 6645 (October 19, 1990); as amended by Notice of Final Rulemaking published at 59 DCR 531, 534 (January 27, 2012).

5-A82 ORGANIZATION AND PROCEDURES OF THE EDUCATION LICENSURE COMMISSION

5-A DCMR § 8200 GENERAL PROVISIONS

8200.1 The provisions of this chapter are issued pursuant to D.C. Code § 38-1306(a)(3) (2001), and Mayor's Order 89-120, dated May 31, 1989.

8200.2 The purpose of this chapter is to establish procedural rules to be followed by the Education Licensure Commission (the Commission in the conduct of its business).

8200.3 This chapter shall apply to all actions by the Commission.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is §6(b)(3) of the Education Licensure Commission Act of 1976, D.C. Law 1-104, D.C. Code §§38-1306(a)(3) and 38-1311 (2001), Mayor's Order 89-120.
SOURCE: Final Rulemaking published at 38 DCR 598 (January 18, 1991).

5-A DCMR § 8201 OFFICERS

8201.1 The officers of the Commission shall be the Chairperson, the Vice Chairperson, and the Secretary.

8201.2 Officers shall be elected between August 15th and September 30th. The term of office shall be for one (1) year. Officers may be re-elected. Vacancies may be filled at any time.

8201.3 The election of officers shall take place at a public meeting of the Commission. Newly elected officers shall take office immediately following their election.

8201.4 A Commissioner may not concurrently hold more than one office on the Commission.

8201.5 The Chairperson shall perform the following duties, except as may be otherwise provided by this chapter:

(a) Coordinate all the business of the Commission;

(b) Call and preside at meetings of the Commission;

(d) Coordinate the work of Commissioners; and

(e) Perform all other duties specified by law or this chapter.

8201.6 Between meetings of the Commission, the Chairperson shall be the principal point of contact between the Commission and the Executive Director of the Commission regarding implementation of decisions of the Commission, preparation of agendas for Commission meetings, and other matters.

8201.7 The Vice-Chairperson shall perform the following duties:

(a) Assist the Chairperson in the performance of the Chairperson's duties; and

(b) Perform the duties of the Chairperson in the absence of the Chairperson.

8201.8 When the Commission determines by a majority of those present and voting that the Chairperson is unable or unwilling to act, the Vice Chairperson shall perform the duties of the Chairperson.

8201.9 When acting as the Chairperson, the Vice Chairperson shall have all the powers of, and be subject to all the restrictions, upon the Chairperson.

8201.10 The Secretary shall consult with the Executive Director regarding the preparation and distribution of the minutes of the meetings of the Commission, and preparation and distribution of notices of meetings, in accordance with this chapter or as required by law. The Secretary shall sign all minutes approved by the Commission.

8201.11 The Commission may assign additional duties to any officer or Commissioner.

8201.12 The Commission may, at any time, by majority vote of the serving Commissioners, remove from office any officer of the Commission.

History

SOURCE: Final Rulemaking published at 38 DCR 598 (January 18, 1991).

5-A DCMR § 8202 EXECUTIVE DIRECTOR

8202.1 The Executive Director of the Commission shall do the following:

(a) Provide for the professional, technical, and clerical support of the Commission;

(b) Ensure that the Commission's decisions are carried out; and

(c) Within the limits established by the Commission, respond to public inquiries and correspond with other agencies, educational institutions, and the public on behalf of the Commission.

History

SOURCE: Final Rulemaking published at 38 DCR 598, 600 (January 18, 1991).

5-A DCMR § 8203 REMOVAL OF A COMMISSIONER

8203.1 The Commission may, when appropriate, recommend to the Mayor the removal of a Commissioner from office for adequate cause relating to that Commissioner's actions and attendance.

8203.2 In any recommendation regarding unethical behavior, the Commission shall act in accordance with applicable laws and regulations of the District of Columbia.

History

SOURCE: Final Rulemaking published at 38 DCR 598, 600 (January 18, 1991).

5-A DCMR § 8204 MEETINGS

8204.1 The Commission may have three (3) kinds of meetings:

(a) Public meetings, which shall be open to the public, and which shall be the only meetings at which official action of any kind may be taken;

(b) Executive meetings, from which the Commission may exclude the public, members of the Commissions’s staff, or any other person who is not a member of the Commission; and

8204.2 At an executive or work meeting which is not open to the public, no matter may be formally or informally decided if it is a matter concerning which the Commission foreseeably will take some official action at a future public meeting.

8204.3 The Executive Director of the Commission shall keep minutes of each public meeting.

8204.4 Public meetings shall be held at a time and place designated by the Commission in one or more public notices. The Chairperson or a majority of the Commission members, may with five (5) days notice to Commissioners, schedule additional public meetings.

8204.5 The Commission may, without prior public notice, cancel a public meeting, The Commission may reschedule a public meeting without prior notice if such action is taken at a public meeting. The Commission may adjourn a public meeting or continue it to another time without prior notice.

8204.6 The Chairperson or a majority of the Commissioners may call additional executive meetings or work meetings; Provided, that reasonable notice in person or by telephone, telegraph, telefax, or mail has been given to each Commissioner of the meeting date, time, and place.

8204.7 Three (3) members of the Commission shall constitute a quorum for the transaction of business at a public meeting. If less than a quorum of the Commission is present at a public meeting, the Commissioners present may adjourn the public meeting without further notice.

History

SOURCE: Final Rulemaking published at 38 DCR 598, 600 (January 18, 1991).

5-A DCMR § 8205 HEARINGS

8205.1 A hearing by the Commission shall be open to the public. The Commission may take no official action at a hearing except to open and close the hearing, receive oral and documentary evidence, hear arguments, and make rulings on motions and procedural questions.

8205.7 The Commission may designate one or more members of the Commission or another person to act as hearing examiner at a hearing. If the hearing is held before the Commission, the Chairperson shall preside.

History

SOURCE: Final Rulemaking published at 38 DCR 598, 601 (January 18, 1991).

5-A DCMR § 8206 VOTING

8206.1 Each Commissioner shall have one vote on all matters coming before the Commission. A roll call vote may be requested by any Commissioner.

8206.2 The act of a majority of the Commissioners present at a public meeting at which a quorum is present shall be the act of the Commission.

8206.3 There shall be no vote by proxy.

8206.4 Each resolution of the Commission shall be signed by the Chairperson and maintained in a separate file of the Commission.

History

SOURCE: Final Rulemaking published at 38 DCR 598, 601 (January 18, 1991).

5-A DCMR § 8207 ORDER OF BUSINESS

8207.1 The order of business before the Commission at a public meeting shall be as shown on the agenda for the meeting, as accepted by the Commission at the start of the meeting. Additions to the agenda may be accepted during the meeting.

8207.2 Insofar as possible, when a Commissioner or the Executive Director proposes an action to the Commission, that Commissioner or the Executive Director shall prepare and distribute to the Commissioners in advance of the public meeting a written resolution embodying the proposed action.

8207.3 At each public meeting, the Commission may set aside such time as it deems appropriate for receiving comments by members of the public. Members of the public may address the Commission for a period of time specified by the Commission.

History

SOURCE: Final Rulemaking published at 38 DCR 598, 601 (January 18, 1991).

5-A DCMR § 8208 COMMITTEES

8208.1 The Chairperson, with the concurrence of the Commission, may appoint, reorganize, or terminate such committees of the Commission as needed.

8208.2 Membership on a committee may include persons who are not Commissioners.

8208.3 Each committee shall be responsible to and shall report to the Commission.

History

SOURCE: Final Rulemaking published at 38 DCR 598, 602 (January 18, 1991).

5-A DCMR § 8209 PARLIAMENTARY AUTHORITY

8209.1 In conducting its business the Commission shall follow the latest edition of Robert's Rules of Order in all matters not covered by this chapter.

History

SOURCE: Final Rulemaking published at 38 DCR 598, 602 (January 18, 1991).

5-A DCMR § 8210 IMPLEMENTATION

8210.1 The Commission may implement this chapter and other rules of the Commission by written policies and administrative issuances as the Commission may deem necessary.

8210.2 Except for the authority vested in the Commission by law, and to the extent consistent with the rules of the Commission, the Commission may delegate implementation authority to the Executive Director.

History

SOURCE: Final Rulemaking published at 38 DCR 598, 602 (January 18, 1991).

5-A83 DELIVERY OF ONLINE INSTRUCTION BY A POSTSECONDARY EDUCATIONAL INSTITUTION

5-A DCMR § 8300 PURPOSE

8300.1 The purpose of this chapter is to establish standards and procedures governing the provision of online instruction to District of Columbia residents by postsecondary educational institutions and schools.

History

SOURCE: Final Rulemaking at 63 DCR 10207 (August 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8300

5-A DCMR § 8301 APPLICABILITY

8301.1 Any postsecondary educational institution seeking to provide online instruction to a District resident through an online presence shall be deemed to be operating in the District, as defined in this chapter, whether or not the institution has a physical presence in the District.

8301.2 Prior to providing online instruction to a District resident, advertising online instruction to a District resident, or enrolling a District resident as a student for online instruction, an institution shall either be:

(a) Licensed by the Commission in accordance with this chapter; or

(b) Authorized to operate in the District in accordance with this chapter.

8301.3 This chapter is not limited to institutions that solely provide online instruction.

8301.4 A new applicant for licensure that has a physical presence and is seeking to provide online instruction shall submit to the Commission, either:

An Application for Provisional Licensure that meets the requirements of Chapter 80 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter; or

An Application for Initial Licensure that meets the requirements of Chapter 81 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter.

8301.5 A new applicant for licensure that does not have a physical presence and is seeking to provide online instruction shall submit to the Commission, either:

8301.6 A current licensee seeking to expand its existing program of instruction to include online instruction shall submit to the Commission, either:

An Application for License Amendment that meets the requirements of Section 8010 of Chapter 80 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter; or

An Application for License Amendment that meets the requirements of Section 8123 of Chapter 81 of Subtitle A of Title 5 of the D.C. Municipal Regulations and the Standards for Online Instruction in Section 8302 of this chapter, as applicable.

8301.7 A congressionally chartered postsecondary educational institution whose home state is the District of Columbia and that is seeking to expand its existing program of instruction to include online instruction shall execute a memorandum of understanding with the Commission to facilitate institutional participation in State Authorization Reciprocity Agreement.

History

SOURCE: Final Rulemaking at 63 DCR 10207 (August 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8301

5-A DCMR § 8302 STANDARDS FOR LICENSING OF POSTSECONDARY EDUCATIONAL INSTITUTION OFFERING ONLINE INSTRUCTION

8302.1 In order to qualify for a license, a postsecondary degree granting institution seeking to provide online instruction to a District resident shall demonstrate that it meets each standard for licensure in 5-A DCMR § 8004 and shall also demonstrate that the institution meets the following requirements related to online instruction in a form specified by the HELC:

Online learning is appropriate to the institution’s mission and purposes;

The institution’s plans for developing, sustaining, and, if appropriate, expanding online learning offerings are integrated into its regular planning and evaluation processes;

Online learning is incorporated into the institution’s systems of governance and academic oversight;

Curricula for the institution’s online learning offerings are coherent, cohesive, and comparable in academic rigor to programs offered in traditional instructional formats;

The institution evaluates the effectiveness of its online learning offerings, including the extent to which the online learning goals are achieved, and uses the results of its evaluations to enhance the attainment of the goals;

Faculty responsible for delivering the online learning curricula and evaluating the students’ success in achieving the online learning goals are appropriately qualified and effectively supported;

The institution provides effective student and academic services to support students enrolled in online learning offerings; and

The institution provides sufficient resources to support and, if appropriate, expand its online learning offerings.

8302.2 In order to qualify for a license, a postsecondary non-degree granting institution seeking to provide online instruction to a District resident shall demonstrate that it meets each standard for licensure in Chapter 81 of 5-A DMCR and shall also meet the following requirements related to online instruction:

Online learning is appropriate to the institution’s mission and purposes;

The institution’s plans for developing, sustaining, and, if appropriate, expanding online learning offerings are integrated into its regular planning and evaluation processes;

Online learning is incorporated into the institution’s systems of governance and academic oversight;

Curricula for the institution’s online learning offerings are coherent, cohesive, and comparable in academic rigor to programs offered in traditional instructional formats;

Faculty responsible for delivering the online learning curricula and evaluating the students’ success in achieving the online learning goals are appropriately qualified and effectively supported;

The institution provides effective student and academic services to support students enrolled in online learning offerings; and

The institution provides sufficient resources to support and, if appropriate, expand its online learning offerings.

History

SOURCE: Final Rulemaking at 63 DCR 10207 (August 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8302

5-A DCMR § 8303 PARTICIPATION IN THE STATE AUTHORIZATION RECIPROCITY AGREEMENT

8303.1 This section shall be effective upon the approval of District of Columbia as a member state of the State Authorization Reciprocity Agreement (SARA).

8303.2 The following institutions are eligible to become an approved SARA institution, subject to the policies and standards of SARA and approval pursuant to this chapter:

Postsecondary degree granting institution whose home state is the District of Columbia; or

A conditionally exempt and congressionally chartered educational institution whose home state is the District of Columbia and who has executed a memorandum of understanding with the Commission to facilitate institutional participation in SARA.

8303.3 An application to become an approved SARA institution shall be submitted to and approved by the Commission to confirm the institution’s compliance with SARA policies and standards and affirm the institution’s willingness and ability for future compliance.

8303.4 An educational institution shall be assessed fees by the Commission and SARA to participate as an approved SARA institution. The fee to the Commission shall be determined annually.

8303.5 A postsecondary educational institution that has been authorized to provide online instruction by the duly authorized licensing body of a State that is a member of SARA, to which the District of Columbia is also a member, shall be authorized to operate in the District and provide online instruction to a District resident in accordance with SARA policies and standards.

History

SOURCE: Final Rulemaking at 63 DCR 10207 (August 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8303

5-A DCMR § 8399 DEFINITIONS

“Home State” – a member state where the institution holds its legal domicile, in which the institution’s principal campus holds its institutional accreditation.

“Higher Education Licensure Commission” or “Commission” ― the body established by the Education Licensure Commission Act of 1976, effective April 6, 1977 (D.C. Law 1-104; D.C. Official Code §§ 38-1301 et seq.).

“License” or “to license” – the granting of approval to operate by the Commission to any educational institution covered under this chapter. Such approval shall be contingent upon said educational institution’s compliance with all rules, regulations and criteria promulgated by the Commission, as well as compliance with all other applicable D.C. laws and regulations.

“Online Instruction” ― education, whether known as “Virtual Class,” “Correspondence Course,” “Distance Learning” or a like term, where the learner and instructor are not physically in the same place at the same time, in whatever electronic medium such as, but not limited to, the Internet, Web-based, real time or recorded video or digital form, offered or provided by an educational institution to District residents who are physically present in the District.

“Online Presence” ― a connection to the District of Columbia created by the provision of online instruction by a postsecondary institution that is physically located outside of the District of Columbia, which gives rise to the requirement to obtain licensure from the Higher Education Licensure Commission or authorization to operate in the District pursuant to this chapter.

“Physical Presence” – an institution has established one of the following in the District of Columbia:

A physical location for students to receive instruction;

An administrative office;

A physical site operated by or on behalf of the institution that provides information to students for the purpose of enrolling students or provides student support services; or

Office space for instructional and non-instructional staff.

“To operate” or “operating” – when applied to an educational institution means to establish, keep, or maintain any facility or location in the District, or to establish, keep, or maintain any facility or location organized or chartered in the District where from or through which education is offered or given, or educational credentials are offered or granted, and includes contracting with any person, group, or entity to perform any such act.

History

SOURCE: Final Rulemaking at 63 DCR 10207 (August 5, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8399

5-A84 GENERAL EDUCATIONAL DEVELOPMENT (GED) TESTING

5-A DCMR § 8400 GENERAL PROVISIONS

8400.1 The Office of the State Superintendent of Education (“OSSE” or “State Superintendent”) is the sole entity authorized and responsible for the administration of the tests of General Educational Development (GED® test) for eligible applicants in the District of Columbia; and, is the sole entity authorized to certify and monitor other entities as official GED® testing sites for eligible applicants in the District of Columbia.

History

SOURCE: Final Rulemaking at 63 DCR 5227 (April 8, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8400

5-A DCMR § 8401 ADMINISTRATION OF THE GED® TEST

8401.1 The content of the GED® test administered by the OSSE shall be determined or supplied by GED Testing Service.

8401.2 The State Superintendent shall refer all applicants seeking test-taking accommodations to GED Testing Service. The decision to provide test-taking accommodations is made solely by GED Testing Service.

8401.3 The GED® test is a computer-based test and shall be given on computer at an approved test center.

8401.4 A resident must complete all subjects in the same language in order to earn a GED® test credential.

8401.5 The GED® test shall not be administered for any purpose prohibited by GED Testing Service.

History

SOURCE: Final Rulemaking at 63 DCR 5227 (April 8, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8401

5-A DCMR § 8402 ELIGIBILITY REQUIREMENTS

8402.1 An applicant is eligible to take the GED® tests in the District of Columbia if the applicant:

(a) Establishes evidence of residence in the District of Columbia, as defined in this chapter, at the time of both application and examination by presenting documentation in compliance with D.C. Official Code §§ 38-309-310;

(b) Has not already graduated or matriculated from a traditional high school program;

(1) Providing documentation of the completion of the corresponding GED® subject test of the official practice test, the GED Ready®, with a result of “likely to pass” or “too close to call” for that Module; or

(2) Providing a letter from a GED® preparation program recognized by the State Superintendent stating that the applicant has participated in that program and is prepared to successfully complete the corresponding GED® subject test. And

(d) Is at least eighteen (18) years old, and meets one of the following criteria:

(1) The applicant has not been enrolled in a traditional high school program for a period of not less than six (6) months prior to submitting an application;

(2) The applicant was a member of a high school class which has already graduated;

(3) The applicant has officially withdrawn from a traditional high school program without re-enrollment for a period of not less than six (6) months, during which time the applicant has been enrolled in a GED® preparatory class; or

(4) The applicant is certified by a GED® preparation program sponsored by the government of the District of Columbia or the federal government.

8402.2 Exceptions to the criteria stated in §§ 8402.1(c) or (d) shall be approved by the State Superintendent or an authorized designee.

8402.3 Nonresidents of the District of Columbia who are otherwise eligible may apply and participate in GED® testing and credentialing in the District if they fall under one (1) of the following criteria:

(a) The applicant is currently serving as a member, or dependent family member, of the Armed Forces of the United States on active duty assignment in the District of Columbia;

(b) The applicant is a trainee in a program sponsored by the government of the District of Columbia or federal government which is operated in the District of Columbia; or

8402.4 Notwithstanding the criteria established for nonresidents in subsection 8402.3 of this chapter, the State Superintendent may waive the residency requirements of Subsection 8402.1(a) of this chapter and provide GED® testing and credentialing to nonresidents who are otherwise qualified under GED® Testing Service’s testing policies.

8402.5 The State Superintendent shall also provide GED® testing and credentialing services to persons incarcerated or confined in institutions located in the District of Columbia or operated by the District outside the physical boundaries of the District.

8402.6 Verification of an applicant’s residence in the District of Columbia by the State Superintendent shall be valid for twelve (12) months so long as the applicant has maintained residency in the District. If the applicant’s address of residency has changed since the verification of residency, the applicant shall re-establish residency in the District by presenting documentation in compliance with D.C. Official Code §§ 38-309-310.

8402.7 Notwithstanding Subsection 8402.1, an applicant that is currently enrolled as a resident student, as set forth in 5-A DCMR §§ 100 et seq., in a District of Columbia public school or public charter school’s established GED program, may provide proof of enrollment to establish residence in the District of Columbia.

History

SOURCE: Final Rulemaking at 63 DCR 5227 (April 8, 2016); as amended by Final Rulemaking published at 64 DCR 11048 (October 27, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8402

5-A DCMR § 8403 RETESTING

8403.1 An applicant who has taken any GED® subject test and failed to meet the minimum standards for qualification may apply to retake the test that was failed after the expiration of the applicable waiting period, as follows:

(a) Thirty (30) calendar days since the date of their failed attempt, if the applicant has taken the corresponding GED Ready® test, the official practice test for the GED® test and achieved a result of “likely to pass” or “too close to call” within the last one hundred eighty (180) days; or

(b) Sixty (60) calendar days if the applicant has tested and failed the subject test three (3) times and sixty (60) calendar days waiting period between each subsequent administration of the same subject test.

8403.2 Exceptions to the criteria stated in § 8403.1 shall be approved by the State Superintendent or an authorized designee.

History

SOURCE: Final Rulemaking at 63 DCR 5227 (April 8, 2016); as amended by Final Rulemaking published at 64 DCR 11048 (October 27, 2017). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8403

5-A DCMR § 8404 FEE SCHEDULE

8404.1 The Superintendent shall adopt and publicize uniform fees for the administration of each GED® test and subsequent re-tests.

8404.2 Waivers of the testing fees stated in § 8404.1 may be approved by the State Superintendent or an authorized designee in cases of demonstrated financial hardship.

History

SOURCE: Final Rulemaking at 63 DCR 5227 (April 8, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8404

5-A DCMR § 8405 ISSUANCE OF THE GED® CREDENTIAL

8405.1 The State Superintendent shall approve the issuance of the District of Columbia GED® credential, as defined in this chapter, pursuant to statutory requirements, the requirements of GED Testing Service, and the provisions of this chapter.

8405.2 Approval of the issuance of GED® credentials by the State Superintendent shall be based upon certification that the applicants are qualified by virtue of having fulfilled all requirements for issuance of the credential.

8405.3 GED Testing Service shall establish the minimum qualifying score for issuance of a District of Columbia GED® Credential and the Superintendent shall reserve the option of establishing a higher passing score for the District of Columbia at any time.

History

SOURCE: Final Rulemaking at 63 DCR 5227 (April 8, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8405

5-A DCMR § 8499 DEFINITIONS

“Applicant” means the individual who is seeking to take the GED® test.

“Credential” means the certificate and/or the state diploma provided by OSSE for successfully passing the GED® test.

“GED® test” means the nationally recognized high school equivalency test.

“Module” means a single subject area being measured by the GED® test.

“OSSE” means the Office of the State Superintendent of Education.

“Residence” means the address where the applicant’s parent, legal guardian, custodian or other primary caregiver resides, if the applicant is under eighteen (18), or if the applicant is an adult, or emancipated minor, the address where the applicant actually resides.

History

SOURCE: Final Rulemaking at 63 DCR 5227 (April 8, 2016). District of Columbia Municipal Regulations Office of the State Superintendent of Education 5-A DCMR § 8499

5-B DISTRICT OF COLUMBIA PUBLIC SCHOOLS

5-B5 ADMINISTRATION AND MANAGEMENT

5-B DCMR § 520 APPOINTMENT OF PRINCIPALS AND ASSISTANT PRINCIPALS

520.1 Persons appointed to a position as Principal shall serve in a term appointment of up to two (2) years, without tenure in the position.

520.2 Persons appointed to a position as Assistant Principal shall serve in a term appointment of one (1) year, without tenure in the position.

520.3 Retention and reappointment shall be at the discretion of the Chancellor.

520.4 A person who is not retained in the position of Principal or Assistant Principal and who holds permanent status in another position in the D.C. Public Schools shall revert to the highest prior permanent level of employment upon his or her removal from the position of Principal or Assistant Principal; provided, that this right shall not include the right to any particular position or office previously held.

History

SOURCE: Final Rulemaking published at 68 DCR 1274 (January 22, 2021). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 520

5-B20 ADMISSION OF STUDENTS

5-B DCMR § 2099 DEFINITIONS

2099.1 The definitions set forth in §2199 are incorporated in this section by reference and shall apply to the terms and phrases when used in this chapter.

History

SOURCE: Final Rulemaking published at 69 DCR 001540 (February 25, 2022). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2099

5-B21 ATTENDANCE AND TRANSFERS

5-B DCMR § 2103 TRUANCY

2103.1 District of Columbia Public Schools (DCPS) elementary and secondary students who have one unexcused absence from homeroom where attendance has been taken for purposes of the Compulsory School Attendance Act shall receive appropriate absenteeism protocol interventions initiated by classroom or homeroom teachers, pursuant to the Act.

2103.2 Half-day schedules for students attending DCPS are governed by the following requirements:

(a) Half day schedules are permitted for employed students aged seventeen (17) or older whose hours of employment fall within the regular school day;

(b) Half day schedules are permitted for secondary students attending one of the local colleges or universities;

(c) In order for a half-day schedule to be approved, the student's employment and work hours or college schedule must be verified by the local school. Students who are not employed or attending one of the local colleges or universities will have a full course schedule, as will those whose employment begins after regular school hours.

2103.3 DCPS students accumulating thirty (30) or more unexcused absences within a full school year shall only be promoted if they meet an exception set forth in D.C. Official Code §§ 38-781.02(c) or 38-781.05.

2103.4 DCPS secondary students with ten (10) unexcused absences in any class shall receive an initial written notice that they are at risk of receiving a grade of “FA” (failure due to absences) in that subject upon accumulating more than thirty (30) unexcused absences unless an exception applies.

2103.5 DCPS secondary students with fifteen (15) unexcused absences in any class shall receive an additional written warning that they are at risk of receiving a grade of “FA” (failure due to absences) in that subject upon accumulating more than thirty (30) unexcused absences.

2103.6 DCPS secondary students accumulating more than thirty (30) unexcused absences in a course within a full school year shall receive a failing final grade in that course with a resulting loss of course credit.

2103.7 A written appeal may be filed by a parent or student on behalf of any student receiving a failing grade(s) due to unexcused absences.

2103.8 An appeal filed pursuant to § 2103.7 shall be submitted to the principal of the school attended or to a designee of the Chancellor within ten (10) school days after receipt of the failing grade(s).

2103.9 Upon receipt of an appeal filed pursuant to § 2103.7, the principal or Chancellor’s designee shall appoint an Appeals Panel and shall forward all written appeal requests to the panel chairperson within three (3) school days.

2103.10 The Appeals Panel referenced in § 2103.9 shall consist of not less than three (3) members to be selected from the following, one of which shall be from category (a):

A person designated by the principal or Chancellor’s designee, who shall be the panel chairperson;

A guidance counselor;

A department chairperson;

A teacher, other than the one involved in the matter being appealed;

An attendance staff person; or

A representative from DCPS central office administration.

2103.11 Substitutions of no more than two (2) members of the Appeals Panel described in § 2103.10 may be made when necessary.

2103.12 The Appeals Panel shall hold a hearing within ten (10) school days after its appointment by the principal or Chancellor’s designee.

2103.13 The student, his or her parent, guardian or duly authorized representative shall appear at the hearing to represent the student. One of these individuals shall be given the opportunity to present the student’s case and, upon request, to question the involved teacher and to be duly informed of the panel’s recommendations.

2103.14 Each appeals panelist, including the chair, shall have an equal vote; however, two (2) voting members can render a decision.

2103.15 In the case of a tie vote, the initial grade is deemed to be upheld by the Appeals Panel.

2103.16 The Appeals Panel's recommendation shall be forwarded immediately to the principal or Chancellor’s designee who shall issue the Panel's decision within ten (10) school days after the hearing.

2103.17 The student, his or her parent or guardian, or duly authorized representative may appeal the decision of the Appeals Panel by writing to the Chancellor’s official grade appeal designee within ten (10) school days after receipt of the decision.

2103.18 When an appeal is filed pursuant to § 2103.17, the Chancellor’s official grade appeal designee shall review all documentation submitted and issue the final administrative decision in the matter.

2103.19 The following procedural guidelines shall apply to appeals reviewed pursuant to § 2103.18:

The burden to show why the grade(s) in question should be changed shall be on the student or his or her parent or guardian;

Strict rules of evidence shall not apply; and

A written determination shall be issued within five (5) school days of the review and consideration of all submitted evidence.

History

SOURCE: Final Rulemaking published at 65 DCR 9613 (September 14, 2018). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2103

5-B DCMR § 2106 SCHOOL SELECTION TRANSFERS

2106.1 An adult student, an emancipated student, or a minor student attending a citywide program, including PK-3 or PK-4, or a school which does not serve the attendance zone for his or her place of residence shall be entitled to attend a school according to the regulations in this section. The regulations in this section shall not be interpreted to:

Supersede a measure adopted by the Chancellor that is necessary to comply with Federal requirements related to the Americans with Disabilities Act, 42 U.S.C. §§ 12101, et seq., Title I of the Every Student Succeeds Act, 20 U.S.C. §§ 6301, et seq., or the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400, et seq.; or

Require the displacement of any student attending a D.C. public school pursuant to an out-of-boundary transfer at the time this section becomes effective.

2106.2 An adult student, an emancipated student, or a minor student's parent or guardian must apply through the common lottery program to attend a school for any of the following reasons:

An adult student, emancipated student, or minor student's parent or guardian is seeking an out-of-boundary transfer because they prefer the requested school to their designated in-boundary school in grades K-12.

A parent or guardian is seeking admission to a PK-3 or PK-4 program for their child.

An adult student, emancipated student, or minor student’s parent or guardian is applying for admission to a citywide or selective school as defined in §§ 2106.9 and 2106.10, respectively.

2106.3 Application in the common lottery must be made pursuant to § 2106.2 (b), even if admission is sought for the school that is within the attendance zone of the parent or guardian’s residence. All PK-3 and PK-4 placements are determined through the common lottery.

2106.4 Applications for school selection transfers for the upcoming school year shall be submitted through the My School DC common lottery program’s formal application. School year application dates will be publicized by My School DC no later than November 1st for the upcoming school year. Application dates will be publicized on the My School DC common lottery website in accordance with the common lottery program deadlines and release of results.

2106.5 In reviewing the request for school selection transfers, OSSE shall verify the preferences listed below and the common lottery program shall fairly administer a lottery, with the discretion to apply and prioritize the preferences to students for the following reasons:

The student is enrolling at the designated in-boundary school of the parent or guardian’s residence for PK-3 and PK-4 programs only.

The student’s sibling will be attending the requested school in the requested year;

The student qualifies for proximity preference at the requested school as determined in accordance with § 2106.7.

The student is designated as “At-Risk” according to § 2106.8.

(v) The student is eligible to receive Early Head Start services and is currently receiving services from a service provider that is co-located in the school pursuant to an agreement with DCPS.

2106.6 The Chancellor shall have the sole discretion to authorize a “discretionary transfer”, including terms of the approval of the transfer, when the Chancellor determines that the transfer would be in the best interests of the student and promotes the overall interests of the school system. The Chancellor’s discretion shall be exercised only after all policies and processes elaborated upon in Chancellor’s Directive #103, adopted on June 22, 2017 and Mayor’s Order 2017-158 dated July 12, 2017, have been followed. These include, but are not limited to:

No current or former public official may request a discretionary transfer from the Chancellor nor may the Chancellor authorize a discretionary transfer for a current or former public official.

The Chancellor shall only consider a request for a discretionary transfer after a preliminary screening of the request and receiving a recommendation from an Advisory Committee to grant or deny the request.

All requests for a Discretionary Transfer, including submitted documentation, shall be maintained as confidential education records and be maintained by DCPS according to its document retention schedule.

2106.7 DCPS provides a proximity preference through the common lottery to families who have been zoned for an elementary school that is more than a half-mile walking distance from their home. These families receive a proximity preference in the lottery at a DCPS elementary school with an attendance zone that is within a half-mile walking distance from their home.

2106.8 DCPS shall implement a preference in the common lottery for students that are “At-Risk” for academic failure as defined in 20 U.S.C. §6472. Seats reserved for students who qualify for the “At-Risk” preference shall be made available in the common lottery. Beginning with the 2021-2022 school year, “At-Risk” seats will be located at Thaddeus Stevens Early Learning Center. Applications for -school selection transfers to an “At-Risk” slot for the upcoming school year shall be submitted through the common lottery program’s formal application process.

2106.9 The Chancellor may designate a school as a citywide school. A citywide school is a school that does not have a boundary and therefore cannot be claimed as an in-boundary school. Admission to citywide schools is subject to the requirements of § 2106.2(c) and the preference described in § 2106.5 (ii).

2106.10 The Chancellor may designate a given school or program as a selective school or program. A selective school or program is a citywide school or program with specific eligibility criteria that requires application for admission. Selective schools or programs are subject to the requirements of § 2106.2(c) but are not subject to the preferences in § 2106.5.

2106.11 Each year, the Chancellor shall inform all DCPS students and parents of the availability of all DCPS selective schools and programs.

2106.12 Students applying to selective schools or programs must meet the specific criteria established for the schools or programs to which they are applying. Eligibility requirements shall be published and made publicly available.

2106.13 The number of lottery seats available shall be determined annually school-by-school through a standardized process set forth by the Chancellor or designee.

2106.14 A student who is admitted to a school pursuant to this Section shall be entitled to attend the school for the duration of their participation in the academic program

except in the following circumstances:

(a) If the student is involuntarily transferred pursuant to §2107;

If the student is admitted to a selective school or program and the student no longer meets the criteria established for the selective school or program; or

If the student subsequently enrolls at their in-boundary school, or another school through the common lottery.

2106.15 A student who has been admitted to a school outside the attendance zone for his or her place of residence which has been designated as a feeder school by the Chancellor shall be entitled to attend the next-level school in the designated feeder pattern upon the student's completion of the program at the feeder school. Enrollment and attendance in the destination school must occur immediately following the completion of the terminal grade in the feeder school. If the student enrolls in a school other than the destination school, the student no longer retains the right to attend the destination school or subsequent schools in its feeder pattern.

2106.16 Parents shall be entitled to appeal the denial of eligibility for any of the selective transfer processes in this Section through the student grievance procedure set forth in § 2405 of this Title.

History

SOURCE: Final Rulemaking published at 69 DCR 001540 (February 25, 2022). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2106

5-B DCMR § 2199 DEFINITIONS

2199.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

“Adult Student” - A student who is eighteen (18) years of age or older, or who has been emancipated from parental control by marriage, operation of statute, or the order of a court of competent jurisdiction.

“DCPS” - the District of Columbia Public Schools or D.C. Public Schools.

“Feeder School” - a school that, upon students’ completion of the educational program offered at the school, sends its students to a particular higher-level school designated by the Chancellor.

“Feeder Pattern” - the group of schools within an attendance zone that, upon students’ completion of the educational program at each school, sends students to a particular higher-level school designated by the Chancellor.

“My School DC Lottery” or “Common Lottery” - a single, random lottery that determines placement for new students at all participating schools, including DCPS out-of-boundary schools (PK3-12), all DCPS PK3 and PK4 programs; DCPS selective high schools (9-12), and DCPS citywide schools.

“OSSE” - the Office of the State Superintendent for Education.

“Residence” - the address where the parent, adult student, guardian, custodian, or other primary caregiver resides.

“School” - a school within DCPS.

“Sibling” - a child who:

(a) Has at least one parent or legal guardian in common with a current DCPS student; and

(b) Resides in the same household as the student.

“Selective schools, programs and academies” - schools or programs that have specific admissions requirements and selection criteria, and that have been approved by the Chancellor.

History

SOURCE: Final Rulemaking published at 69 DCR 001540 (February 25, 2022). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2199

5-B22 GRADES, PROMOTION AND GRADUATION

5-B DCMR § 2200 REPORTING

2200.1 The District of Columbia Public Schools (DCPS) marking or grading system shall be designed to report fairly and accurately student progress and student achievement.

2200.2 The Chancellor shall establish and implement all DCPS policies on marks (grades) and student progress reporting.

2200.3 The Chancellor shall establish the form(s) for the reporting of marks (grades) and student progress.

2200.4 Teachers shall have primary responsibility for evaluating the work of the student

2200.5 All students shall receive instructions leading to the achievement of DCPS content standards as follows:

(a) English Language Learners (ELL) shall receive dedicated instruction leading to the development of English language skills and the mastery of academic content. A student's mark (grade) in the content area shall not reflect the student's acquisition of English language skills but rather achievement of the content standards.

(b) Students with disabilities shall receive instruction consistent with the DCPS standards. Individualized Education Program (IEP) teams or student support teams in the case of 504 eligible students shall determine appropriate accommodations and curricular modifications where necessary. A student's mark (grade) shall not reflect that accommodations have been made.

2200.6 At the elementary level; pre-kindergarten through fifth (5th) grade; marks (grades) of 1 through 4 shall be assigned by the teacher to indicate the degree of achievement of a student of the standards in each content area as follows:

4 = exceeds the standard (Advanced);

3 = meets the standard (Proficient);

2 = approaches the standard (Basic); and

1 = does not meet the standard (Below Basic).

For skills or/expectations within subject areas, sub-marks shall be given as follows:

s = secure;

d = developing;

b = beginning; and

n = not introduced.

2200.7 At the Secondary level; sixth (6th) grade through twelfth (12th) grade; marks (grades) of A through F shall be assigned by the teacher to indicate the degree of achievement by a student of the content standards in each course. Results of the end of course exam will count for no more than twenty percent (20%) of the final grade. Marks (grades) shall be as follows:

A = 93 to 100,

A- = 90 to 92;

B+ = 87 to 89;

B = 83 to 86;

B- = 80 to 82;

C+ = 79 to 77;

C = 73 to 76

C- = 70 to 72;

D+ = 67 to 69;

D = 64 to 66; and F = 63 and below.

Credit

GPA

On Grade (unweighted)

Honors*

AP* or

IB*

A (93%to 100%)

Yes

4.0

4.5

5.0

A- (90% to 92%)

Yes

3.7

4.2

4.7

B+(87%to 89%)

Yes

3.3

3.8

4.3

B (83% to 86%)

Yes

3.0

3.5

4.0

B-(80% to 82%)

Yes

2.7

3.2

3.7

C+(77%to 79%)

Yes

2.3

2.8

3.3

C (73% to 76%)

Yes

2.0

2.5

3.0

C-(70% to 72%)

Yes

1.7

2.2

2.7

D+(67%to 69%)

Yes

1.0

1.8

2.3

D (64% to 66%)

Yes

1.0

1.5

2.0

F 63% & below

Yes

L (late entry)

Converts to AUD (audit) at end of following advisory if coursework is not completed

I (incomplete.)

Converts to F (63%) if coursework is not completed

M (medical)

P (pass)

Yes

AUD (audit)

S - satisfactory

For use in homeroom or other non-academic time

U-unsatisfactory

*Honors: Intense courses which cover more content in greater depth than general courses of the same subject;

*Advanced Placement: College level courses following The College Board guidelines and testing system;

*International Baccalaureate: Intense program of study following requirements of the International Baccalaureate Organization.

2200.8 Marks (grades) in courses failed and retaken for credit in grades kindergarten through twelve (12) shall not replace previously earned marks (grades) for any given course but are included in the student's cumulative Grade Point Average (GPA). Marks (grades) earned in extended education programs such as Summer School, STAY School and Evening Credit Recovery courses have the same credit and GPA value as standard year courses.

2200.9 Mid and end of advisory reporting on student progress: Parents and students will be informed in writing on a regular basis of the progress made toward achieving the content standards. Toward that end, principals are responsible for effectively implementing the following process:

(a) Parents must be notified, by the end of September, of the name and contact information for the school staff member they should call about concerns impacting their child’s academic progress (academic, social or behavioral).

(b) If, by the mid-point of an advisory, a teacher considers a student at risk of failing to meet the standards, the teacher shall notify the parent, in writing, and if appropriate refer the student to the student support team.

When a student has been identified as at risk of failing to meet the content standards, the principal, teacher(s) (bilingual/English as a Second Language (ESL) special education teacher where appropriate) and other designated staff shall work with the parents and the student to identify appropriate interventions. They may consider a variety of options including but not limited to:

(1) Examining and altering current instructional strategies or materials;

(2) Tutoring (during or after school);

(3) A change in schedule;

(4) Referral to other support, social service or health-related services;

(5) Problem-solving with other students or individuals who may have an impact on the student’s achievement;

(6) A change in teacher; and

(7) Targeted instruction.

(c) At least ninety (90) calendar days before to the end of the school year, provide parents of students at risk for retention with:

(1) Notice of the student’s status, which shall include a statement of the student’s academic deficiencies and the possible consequences if the student does not meet the applicable promotion criteria; and

(2) Information to assist the parents in helping their child meet the promotion criteria.

(d) If, by the close of the advisory, the problem persists and the student receives a mark (grade) of two (2) or one (1) at the elementary level or D or F at the secondary level in any of the core subjects, additional options will be considered, including:

(1) Referral to additional researched-based support options or alternative programs for more intensive services (pre-referral documentation must provide evidence that other interventions have been attempted);

(2) Access to additional instructional time (during the day, extended day or summer school); and

(3) Referral to student support team.

(e) If, by the end of the academic year, the student fails to meet the content standards, an intervention plan will be developed by the current teacher and implemented during the summer and the following academic year.

(f) Parents will be engaged in the consideration of additional research- based intervention strategies and will be informed, in writing, of any decisions resulting from the researched based intervention strategies.

2200.10 Teachers shall provide marks (grades) for each student and the school system shall issue report cards after the end of each advisory or/marking period documenting the student's progress toward achieving the content standards. Report cards shall be distributed no later than twelve (12) school days after the end of the advisory.

2200.11 Any student who has not met the standards in a course or in a grade shall be notified no later than the last day of school in order to ensure timely enrollment in Summer School.

History

SOURCE: Final Rulemaking published at 65 DCR 9613 (September 14, 2018); as amended by Errata Notice published at 66 DCR 3894 (March 29, 2019); as amended by Errata Notice published at 68 DCR 009087 (September 3, 2021). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2200

5-B DCMR § 2204 GRADUATION STATUS OF STUDENTS

2204.1 Each adult student, or the parent or guardian of a student who is a minor, shall be informed in writing not later than twelve (12) school days after the close of the third (3rd) advisory period of the student’s graduation status.

2204.2 The notice required by this section shall include a warning that the student may not be eligible for graduation in June, if applicable.

History

SOURCE: Final Rulemaking published at 65 DCR 9613 (September 14, 2018). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2204

5-B23 CURRICULUM AND TESTING

5-B DCMR § 2306 FIELD TRIPS AND STUDENT TRAVEL

2306.1 The general Policy for field trips is as follows:

(a) Field trips and student travel shall serve as a means for enhancing learning and expanding the range of educational and cultural opportunities available to DCPS students; and

(b) Those planning and implementing field trips and student travel must ensure that these experiences:

(1) Serve legitimate educational purposes;

(2) Are conducted in a manner consistent with sound educational practices;

(3) Ensure the safety and well-being of participating students at all times; and

(4) Are evaluated periodically to determine their effectiveness in fulfilling their specified purposes.

2306.2 Field trips designed to educate or modify behavior through intimidation of students are prohibited.

2306.3 Field trips and student travel using appropriated funds must meet the following requirements:

The field trip or student travel must be a DCPS sponsored activity in accordance with applicable Chancellor’s directives and policies related to field trips and student travel;

The trip sponsor shall ensure all student travel is approved prior to departure in accordance with applicable Chancellor’s directives and policies related to field trips and student travel;

All travel expenditures are funded using appropriated funds as designated by the Office of the Chief Financial Officer;

The travel must be related to the students’ curriculum, or for the purpose of rewarding student curricular or extra-curricular achievement, pursuant to D.C. Official Code § 38-2955(b);

When submitting a request for student travel, the trip sponsor and principal must certify in writing that the trip is either related to the students’ curriculum or is for the purpose of rewarding student curricular or extra-curricular achievement. A trip sponsor is any DCPS staff member who is responsible for planning and coordinating a field trip; and

Procurement of student travel using appropriated funds shall be conducted in accordance with applicable procurement regulations, including but not limited to the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-312.01) and its implementing regulations.

2306.4 The requirements explained in § 2306.3 do not apply to expenditures using funding sources other than appropriated funds, including, but not limited to, donated funds or other deposits into a Student Activity Fund.

History

SOURCE: Final Rulemaking published at 68 DCR 1276 (January 22, 2021). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2306

5-B24 STUDENT RIGHTS AND RESPONSIBILITIES

5-B DCMR § 2405 STUDENT GRIEVANCE PROCEDURE

2405.1 The grievance procedure set forth in this section shall apply to all grievances or complaints brought for any suspected violation of the following laws:

(a) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability;

(b) Title II of the Americans with Disabilities Act of 1990, which also prohibits discrimination on the basis of disability;

(d) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin;

(e) The District of Columbia Human Rights Law, Title 2, Chapter 14 of the D.C. Official Code, which prohibits discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, political affiliation, source of income, and disability; or

(f) The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age.

2405.2 The grievance procedure set forth in this section shall also apply to all grievances or complaints brought in the following instances:

(a) Where it is alleged that any student or group of students is being denied access to an adequate educational opportunity;

(b) Where it is alleged that the rights of students, or any individual student, are being denied or abridged;

(c) Where it is alleged that any student or group of students is being subjected to an arbitrary or unreasonable regulation, procedure, or standard of conduct;

(d) Where it is alleged that any student is being denied participation in any school activity for which the student is eligible;

(e) Where a student is a victim of bullying or harassment, including sexual harassment; and

(f) Any other violation of a right granted by law that does not have a specific grievance procedure or hearing process provided in this title.

2405.3 A student who has been suspended or expelled from school shall not bring a grievance pursuant to this section, but may file an appeal according to the procedure in Chapter B-25.

2405.4 An individual bringing a grievance about an issue set forth in §§ B 2405.1 or B 2405.2 shall follow the procedures contained in this section. An individual who is a victim of bullying or harassment, including sexual harassment, may follow these procedures or the procedures in § B 2405.5. A grievance may be filed by a parent or guardian on behalf of a student, as consistent with § B 2401.15 of this chapter.

(a) The individual bringing the grievance (the grievant) may make an informal complaint to the principal or other school official in charge of the program or activity. If the grievant makes a complaint to a teacher or administrator other than the principal or official in charge of the program or activity, that person shall advise the principal or official in charge of the program or activity of the nature of the complaint.

(b) If the principal is the subject of the grievant’s complaint or otherwise involved in the circumstances surrounding the complaint, the grievant shall make an informal complaint to the Instructional Superintendent with jurisdiction over the principal’s school.

(c) The person who receives the informal grievance shall investigate and attempt to resolve the problem though informal means, including but not limited to, meetings, conferences, and discussions. The person shall also make written documentation of all steps taken to investigate the matter.

(e) A grievant who is dissatisfied with the outcome of -- or chooses not to use -- the informal process, may file a written grievance with the principal or other responsible school official. Written grievances must be filed within forty-five (45) calendar days of the incident or circumstance being grieved or ten (10) calendar days of the completion of the informal process, if any, whichever is longer. The timeframes for submission shall be tolled in instances where the grievant did not comprehend or was not aware of the harassment.

(f) All complaints should include the following information, to the extent that is known by the grievant:

(1) The name, grade, and school attended by the student;

(2) The date, approximate time, and location of the incident;

(3) The type of bullying or harassment that was involved in the incident;

(4) The identity of the person(s) who committed the alleged acts of harassment;

(5) If the alleged harassment was directed towards other person(s), the identities of such persons;

(6) Whether any witnesses were present, and their identities; and

(7) A specific factual description of the incident, including any verbal statements or physical contact.

(g) The principal or other school official shall attempt to resolve the written grievance by beginning a formal investigation, including but not limited to conducting conferences with the grievant(s), students, parents, teachers, other school officials, and other involved parties and, when applicable, consultation with legal counsel, the Title IX Coordinator or the Section 504 Coordinator. The investigation shall also include the examination of any information submitted by the grievant and interviews with any witnesses identified by the grievant. The appropriate Instructional Superintendent shall be informed of the written grievance and investigation and may be consulted by the principal or other school official in an attempt to resolve the grievance.

(h) The principal or other school official who investigates a written grievance shall provide a written response to the grievant and the Instructional Superintendent.

(i) The written response shall be provided within ten (10) school days of the receipt of the written grievance; the parties should be notified if the investigation will take longer, including the reasons for the delay and the anticipated time frame.

(j) If the grievant is not satisfied with the response of the principal, the grievant may file an appeal with the Instructional Superintendent with jurisdiction over the school which the student attends or the grievance arose. If the Instructional Superintendent issued the initial response, the grievant may file an appeal with another school official designated by the Chancellor. The appeal shall be filed within ten (10) calendar days of receipt or notice of the initial response.

(k) The Instructional Superintendent or other designee shall attempt to resolve the grievance by reviewing the principal’s investigation and findings, and conducting further investigation of the grievance, including meeting with all involved parties and consulting with legal counsel as appropriate.

(l) The written response shall be provided within ten (10) school days of the receipt of the appeal.

(m) If the grievant is not satisfied with the response or the Instructional Superintendent or other designee is unable to achieve an adequate resolution, either the grievant or the Instructional Superintendent, or other designee may, within ten (10) calendar days of the written response, request that the grievance be brought before a grievance review panel to ensure appropriate and fair resolution of the grievance. The panel shall be comprised of three (3) persons appointed by the Chancellor or designee, and may include the Section 504 Coordinator, the Title IX Coordinator, individuals from the DCPS Office of Compliance, Office of the General Counsel, other Instructional Superintendents or school officials, and other disinterested persons with training and knowledge about the issues raised by the grievance.

(n) In all cases brought before the review panel, the panel shall provide the Instructional Superintendent, or other designee with written findings and recommendations for suggested implementation by the Instructional Superintendent, or other designee and the principal. The findings and recommendations shall be issued within ten (10) school days of receipt by the panel of the request referenced in § B 2405.4(m).

(o) Within five (5) days of receipt of the findings and recommendations, the Instructional Superintendent, or other designee shall issue a final administrative decision, which shall be the final administrative decision of the school system. The Instructional Superintendent or other designee shall provide written notice of the decision to the grievant, the principal, and, if appropriate, the grievant’s parent or guardian.

(p) A grievant may also file a complaint directly with the U.S. Department of Education, Office of Civil Rights without utilizing, or following the completion of, the procedures contained in this section. See http://www.ed.gov/ocr/complaintprocess.html or call (202) 453-6020 for further information.

(q) A grievant may also file a complaint directly with the District of Columbia Commission on Human Rights without utilizing the procedures contained in this section. See http://www.ohr.dc.gov or call (202) 727-4559 for further information.

2405.5 A grievant who is a victim of bullying or harassment, including sexual harassment, by an employee, students, or third parties may, at his or her option, choose to follow this procedure to resolve his or her complaint:

(a) An individual who is a victim of bullying or harassment may complain orally or in writing to any teacher, administrator, or counselor.

(b) If the grievant files his or her complaint orally, the teacher, administrator, or counselor shall prepare a written report of the conversation with the grievant. If the grievant complains in writing, it may be in any form. All complaints should include the following information, to the extent that is known by the grievant:

(1) The name, grade, and school attended by the student;

(2) The date, approximate time, and location of the incident;

(3) The type of bullying or harassment that was involved in the incident;

(4) The identity of the person(s) who committed the alleged acts of harassment;

(5) If the alleged harassment was directed towards other person(s), the identities of such persons;

(6) Whether any witnesses were present, and their identities; and

(7) A specific factual description of the incident, including any verbal statements or physical contact.

(d) The complaint shall be reported to the principal no later than the end of the next school day following the report of the complaint. The teacher, administrator, or counselor shall report complaints of severe or pervasive bullying or harassment no later than the end of the school day that the report of the complaint was made.

(e) If any principal, administrator or other school employee responsible for overseeing or investigating bullying or harassment complaints are implicated in the complaint, or have any actual or perceived conflict of interest, the complaint will be filed with the Instructional Superintendent with jurisdiction over the school the student attends or at which the grievance arose for action.

(f) The principal is responsible for ensuring that all complaints are properly investigated and processed in accordance with these procedures, but may delegate responsibility for processing bullying and harassment complaints. The principal or designee shall take the following actions:

(1) Within one (1) school day – schedule and complete a confidential discussion of the allegations with the grievant. The subject of the allegations shall not be notified or be present during such discussion.

(2) Within ten (10) school days – the principal or designee shall complete his or her investigation and prepare a written report that includes a finding as to whether the allegations of bullying or harassment are substantiated; the parties should be notified if the investigation will take longer, including the reasons for the delay and the anticipated time frame. The investigation shall include, but not be limited to, the following matters: 1) interview with the grievant; 2) interview with the alleged victim (if not the grievant); 3) interviews with the subject(s) alleged to have committed the harassment or bullying; 4) interviews with employees and others (including students) who have knowledge of the facts alleged in the complaint (including those identified by the student who filed the complaint); and 5) review of all pertinent records (including those identified by the grievant). The report shall reflect the results of the investigation and shall be provided to all parties to the complaint. The report shall include a description of any follow up actions taken or to be taken, including any intervention or disciplinary actions (to the extent permitted by the Family Educational Rights and Privacy Act (20 U.S.C. §1232g; 34 C.F.R. §§ 99.1 et seq.)).

(3) If the grievant is dissatisfied with the findings or actions contained in the report, the grievant may file a written grievance with the Instructional Superintendent with jurisdiction over the school the student attends or the location at which the grievance arose within ten (10) calendar days of the issuance of the principal’s report. If such a grievance is filed, the process specified in §§ 2405.4(k)-2405.4(o) shall apply.

(g) A grievant may also file a complaint directly with the U.S. Department of Education, Office of Civil Rights without utilizing, or following the completion of, the procedures contained in this section. See http://www.ed.gov/ocr/complaintprocess.html or call (202) 453-6020 for further information.

(h) A grievant may also file a complaint directly with the District of Columbia Commission on Human Rights without utilizing the procedures contained in this section. See http://www.ohr.dc.gov or call (202) 727-4559 for further information.

2405.6 The final decision of the Instructional Superintendent shall be the final administrative decision of the school system.

2405.7 Copies of the final decision shall be given to all parties.

2405.8 A copy of the Instructional Superintendent’s final decision shall be sent to the Chancellor and the Chief of Schools.

2405.9 No grievant shall be subject to any retaliation from any teacher or school official. A grievant may use these procedures to complain of retaliation by students, teachers, or employees.

History

SOURCE: Final Rulemaking published at 61 DCR 10279 (October 3, 2014). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2405

5-B DCMR § 2408 DRESS CODES/UNIFORMS

2408.1 Each District of Columbia Public School shall promulgate a local dress code or uniform policy for that school. The policy shall be established by the principal in consultation with the faculty, local school parent groups, and students.

2408.2 The local school dress code or uniform policy shall be as follows:

(a) Clearly defined;

(b) Not be gender specific;

(1) Neatness and cleanliness;

(2) Elimination of distractions and disruptions to the education process;

(3) Health and safety considerations; and

(4) Respect for the rights of others;

(d) Include the following principles:

(1) Excessively dirty and/or torn clothing may not be worn in school;

(2) Students shall, when present in areas where the possibility of injury to the student or to others exists, such as near rotating machinery, power tools, or chemicals, wear appropriate protective clothing, gloves, eye goggles, and/or other devices needed for health and safety;

(3) Students participating in sports may be required to wear protective clothing and to change hairstyles for their safety and the safety of others;

(4) Bare or stockinged feet are not permitted in schools, outside of locker rooms;

(5) Non-prescriptive sunglasses, hats, clothing that exposes armpits, a bare back or midriff, see-through clothing, and accessories with protruding metal spikes are not be worn in school;

(6) Extremes in style and fit and extremes in style of grooming, as determined by the principal, will not be permitted. Boots, flat-heeled dress shoes and enclosed toe sandals and athletic shoes are permitted at all levels;

(7) Coats and raingear are not subject to the dress code, and a student’s choice of such clothing will not be disturbed, provided it is not emblazoned with vulgar or obscene words or pictures, or badges or slogans disruptive of school order or which encourage illegal acts; and

(8) No student shall wear, possess, use, distribute, display or sell any clothing, jewelry, emblem, blade, symbols, sign or other things which are evidence of affiliation with drugs, alcohol, violence or gang related activities, other criminally motivated organizations, or which exhibit profane or obscene language/gestures.

2408.3 Conformance with and enforcement of a local school dress code/uniform policy shall comply with all existing rules of the District of Columbia Public Schools, as well as applicable District and federal laws, except that the specific corrective and disciplinary measures described in § 2408.13 shall be applicable to dress code/uniform violations in lieu of the general disciplinary measures found in Chapter 25.

2408.5 The Chancellor shall develop policies, standards, and appropriate procedures for the implementation of this section.

2408.6 The Chancellor of the District of Columbia Public Schools hereby authorizes principals of District of Columbia Public Schools to establish and implement mandatory uniform policies for the 2009-2010 school year and successive school years.

2408.7 For those public schools that have already established mandatory uniform policies, the Chancellor hereby authorizes the principals to implement, monitor, and enforce compliance with them for the remainder of the 2008-2009 school year, and each successive school year, provided that:

(a) The principal has sought and received parental and student input regarding the policy, and a majority of the parents support the policies;

(b) The principal has established mechanisms to accommodate those families requiring financial assistance to obtain a uniform; and

(c) The principal has established and published progressive corrective measures to address violations of the mandatory uniform policy.

2408.8 The term “Uniform”, for the purposes of a mandatory uniform policy, is defined as clothing of the same style and/or color and standard look, as agreed upon by the school community.

2408.9 Effective March 5, 2009, all students attending schools that have satisfied the requirements of section 2408.7 shall be required to dress in the uniform as approved by the principal and in accordance with any dress code established by the principal, or be subject to corrective measures consistent with section 2408.13. A student may not be disciplined for non-compliance where, for example, his or her otherwise conforming top is a different shade of the color adopted by the principal for its uniform.

2408.10 A mandatory uniform policy must accommodate students’ religious expression, i.e. wearing of head coverings as part of a religious practice.

2408.11 Exceptions to a mandatory uniform policy will be permitted when:

(a) Uniforms of nationally recognized youth organizations such as the Boy Scouts and Girl Scouts are worn on regular meeting days; or

(b) Uniforms of nationally recognized military academies and JROTC programs are worn on regular meeting days;

2408.12 A mandatory uniform policy shall not prevent a student from wearing a button, armband, or other item guaranteed by the First Amendment to the U.S. Constitution unless the button or other item is related to gang, gang membership, gang activity, or other prohibited activity as described in any dress code established by the principal pursuant to subsection 2408.2.

2408.13 With the exception of the disciplinary action described in section 2408.16, students violating the mandatory uniform policy shall be subject to progressive corrective measures and disciplinary action. Additionally:

(a) Parents shall be called when a student reports to school out of uniform. The parent shall be asked to bring compliant clothing for the student to school.

(b) If the parents are not reachable or are unable to respond within two hours of the start of the school day, the student may be issued a conforming uniform from the school’s uniform bank with directions to return it clean the next school day.

2408.14 Under no circumstance shall a student who fails to abide by a mandatory uniform policy be given out-of-school suspension or otherwise be barred from attending school.

2408.15 A fourth offense of a mandatory uniform policy may subject a student, at the principal’s discretion, to on-site suspension.

2408.16 If a student fails to abide by a mandatory uniform policy more than four times, a behavioral contract may be written in which the consequences for not fulfilling the terms of the contract may include a referral to a placement team to determine a more appropriate setting. Any transfer to an alternative setting must be approved by the Chancellor.

2408.17 Each principal implementing a mandatory uniform policy shall establish a uniform bank for receipt of donated and substitute clothing to be loaned on a daily basis to non-compliant students. Any student allowed to borrow an item of clothing from the bank in order to become compliant shall be required to return it at the end of the school day.

2408.18 Students who are non-compliant because they require financial assistance in obtaining a uniform shall not be subject to corrective or disciplinary action.

2408.19 Each principal implementing a mandatory uniform policy shall establish mechanisms to accommodate families and students who may require financial assistance in obtaining a uniform.

History

SOURCE: Final Rulemaking published at 38 DCR 5657 (September 6, 1991). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2408

5-B DCMR § 2413 SCHOOL-BASED HEALTH CENTERS

2413.1 The Chancellor may accept health services, including primary health, behavioral health, and oral health, from the Director of the Department of Health, the Director of the Department of Mental Health, or from a public or non-profit healthcare organization. The health services shall be provided to D.C. Public Schools students in a school setting in accordance with the provisions of this section, standards as established by the Department of Health, and an agreement concerning school-based health centers (SHCs) executed by the D.C. Public Schools (DCPS) and the healthcare organization.

2413.2 Health services provided to D.C. Public Schools pursuant to this section shall be provided to students in accordance with:

(a) The provisions of this section; and

(b) An agreement concerning SHCs executed by DCPS and the healthcare organization.

2413.3 Health services provided in a SHC located in DCPS shall be subject to the following limitations:

(a) Services shall augment, supplement, or complement DCPS services in the areas of the physical, social, mental, and emotional well-being of students, or fulfill an unmet health need within the general student population;

(b) A practitioner shall obtain informed consent for all health care services provided.

(1) Students enrolled in the school in which the SHC is located;

(2) Additional schools named as part of the agreement executed between D.C. Public Schools and the healthcare organization;

(3) To students previously enrolled within those schools during the current school year, upon approval of the school principal;

(4) To prospective students of the schools as part of an enrollment process;

(5) To the students’ minor family members, upon approval by DCPS; and

(6) To other members of the community during before- or after-school hours, upon approval by DCPS.

(d) Services shall be provided regardless of ability to pay unless an agreement between DCPS and the healthcare organization provides otherwise. This section shall not be construed to relieve any insurer, Medicaid, or similar third party from an otherwise valid obligation to pay for these health services;

(e) Services shall be provided to minors pursuant to the consent requirements of sections 600 and 603 of Title 22 of the D.C. Municipal Regulations, and pursuant to D.C. Code §7-1231.14 for mental health treatment;

(f) Services shall be provided only during the hours between eight o’clock (8:00) a.m. and five o’clock (5:00) p.m., unless otherwise provided in an agreement between DCPS and the healthcare organization; and

(g) A notification system shall be established to inform students where to receive after-hours health care inclusive of non-school days, summer breaks, and during hours when the school-based health center cannot be accessed.

(h) A practitioner in a school health center may dispense prescription and over-the-counter drugs, including contraceptive drugs and devices when medically indicated.

2413.4 Health care organizations providing services in a school health center shall be subject to the following requirements:

(a) Services shall be provided only by certified and licensed health professionals, acting under proper supervision, as appropriate;

(b) Services shall be provided only by government agencies or organizations that are licensed to provide primary health, behavioral health, or oral health services, as appropriate;

(c) Healthcare organization staff shall be subject to and shall pass the DC Public Schools background check and screening requirements required by the Criminal Background Checks for the Protection of Children Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1 501.01 et seq.));

(d) The healthcare organization shall comply with the students’ health and personal confidentiality requirements of this chapter; the Family Educational Rights and Privacy Act (FERPA) approved (110 Stat 197; 20 U.S.C. § 1232g), and the regulations promulgated under FERPA, including 34 C.F.R. Part 99; the Health Insurance Portability and Accountability Act (HIPAA) approved (110 Stat 2021; 42 U.S.C. § 1320d et seq.), and the regulations promulgated under HIPAA, including 45 C.F.R. Part 164; and the District of Columbia Mental Health Information Act of 1978, effective March 3, 1979 (D.C. Law 2-136; D.C. Official Code §§ 7-1201.01 et seq.); and

(e) The healthcare organization shall have insurance coverage for bodily injury and property damage, errors and omissions, officer’s liability and professional liability of no less than five million dollars ($5,000,000) per claim and ten million dollars ($10,000,000) per accident.

2413.5 A Local School Health Center Advisory Council (LSHCAC) shall be established at a school with a SHC. The school leadership may convene the LSHCAC as part of the school’s existing wellness council or committee. The LSHCAC shall serve in an advisory capacity to each SHC. The Chancellor shall make all decisions. The principal of each school with a SHC shall convene the initial meeting of that school’s LSHCAC. At the first meeting, the members present shall select the leadership of the council.

2413.6 Each LSHCAC shall be comprised of representatives from the local school staff, community leaders, health professionals, behavioral health and social work professionals, parents, and students. Each LSHCAC may also include representatives from the Office of the Chancellor and the Department of Health or the Department of Mental Health, as appropriate. The exact composition of each LSHCAC shall be determined by agreement executed among the school, DCPS, the Department of Health, the Department of Mental Health, and the healthcare organization.

2413.7 The LSHCAC shall provide advice to the local school administration, the Directors of the Departments of Health and Mental Health, and the Chancellor on matters related to the operation of the school health center as it considers appropriate. It shall specifically advise on the following:

(a) The standard format and procedures used to inform parents of the school health center and to gain their consent for utilization of the center by their children;

(b) The scope of services provided at the health center;

(d) The adequacy of any school health center’s provisions to enhance and encourage parents’ ability to counsel their own children with competence and confidence;

(e) The consistency of the health education materials regarding human sexuality, preventive health care, and general health promotion with materials used in the classroom; and

(f) The adequacy of a SHC’s provisions for addressing the emotional and social support needs of students.

History

SOURCE: Final Rulemaking published at 34 DCR 8359 (December 25, 1987); as amended by Final Rulemaking published at 57 DCR 7674 (August 20, 2010). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2413

5-B DCMR § 2414 COMMUNICABLE DISEASES CONTRACTED BY STUDENTS

2414.1 The regulations found in Title 22, Subtitle B, Chapter 2, Section 209 of the of the District of Columbia Municipal Regulations shall be the rules and procedures followed by the District of Columbia Public Schools regarding all matters concerning communicable diseases contracted by students.

History

SOURCE: Final Rulemaking published at 65 DCR 2950 (March 23, 2018). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2414

5-B DCMR § 2499 DEFINITIONS

2499.1 [RESERVED]

2499.2 When used in this chapter, the following terms shall have the meanings ascribed:

Chancellor—the Chancellor of the District of Columbia Public Schools.

D.C. Public Schools or DCPS—the public school system excluding public charter schools.

Healthcare organization—a licensed primary health, behavioral health, or oral health provider that sponsors a SHC in a particular DCPS school.

Practitioner—a person licensed, registered, certified, or otherwise permitted by law to prescribe, dispense, and administer drugs or medical devices, within the course of the person’s professional practice.

School-based health center or SHC—a primary health or behavioral health care facility established and operated within a public school building or on the grounds of a public school by the Department of Health, the Department of Mental Health, or by a public, for profit, or non-profit healthcare entity or provider under a written agreement with the Chancellor.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1065 (July 29, 1977); as amended by Final Rulemaking published at 33 DCR 5776 (September 19, 1987); as amended by Final Rulemaking published at 40 DCR 1573, 1574 (February 26, 1993); as amended by Final Rulemaking published at 47 DCR 989, 990 (February 18, 2000); as amended by Final Rulemaking published at 57 DCR 7674 (August 20, 2010). District of Columbia Municipal Regulations District of Columbia Public Schools 5-B DCMR § 2499

5-B25 STUDENT DISCIPLINE

5-B DCMR § 2500 GENERAL POLICY

2500.1 It is the policy of D.C. Public Schools (DCPS) that a safe environment conducive to learning shall be maintained. To build and maintain this environment, DCPS shall provide students, families, and staff with clear expectations and rules for appropriate school behavior. These rules must balance the responsibilities and rights of individuals and the responsibilities and rights of the school community. These rules must reflect the individual’s responsibility for contributing to a safe environment conducive to learning and the need for mutual respect and cooperation among all segments of the school community.

2500.2 DCPS is committed to helping students learn the expectations and rules for appropriate school behavior and the range of disciplinary responses for inappropriate or disruptive behavior. DCPS will recognize and encourage students who exhibit appropriate, non-disruptive behavior. DCPS will encourage prevention and intervention strategies to prevent inappropriate behavior. To that end all available resources, subject to budgetary limitations, shall be utilized, including preventive and responsive interventions that support students’ needs.

2500.3 When a student’s behavior disrupts the school community’s safe learning environment, DCPS will use a range of disciplinary responses intended to change and manage inappropriate behavior. In administering disciplinary responses, DCPS will work with students to correct inappropriate behavior. Students will be enabled and encouraged to reflect on their actions, to learn from mistakes, and to restore any relationships that have been negatively impacted.

2500.4 Whenever possible, prevention, intervention, and remediation strategies shall be used in addition to disciplinary responses at all stages of the disciplinary process, including students transitioning from Suspension or Expulsion.

2500.5 DCPS shall involve family members in efforts to determine the causes of misbehavior and in efforts to support appropriate school behavior.

2500.6 Options for prevention, intervention, and remediation shall include, but not be limited to:

(a) Anger management;

(b) Attendance intervention plans;

(d) Behavior log/behavior progress report;

(e) Behavior redirection;

(f) Community conference;

(g) Community service;

(h) Conflict resolution;

(i) Crime awareness/prevention programs;

(j) Diverse instructional strategies;

(k) In-school program restructuring (schedule change);

(l) Individual or group counseling;

(m) Intervention by guidance counselor or mental health professional;

(n) Mediation, including teacher/student mediation and multi-party dispute resolution;

(o) Mentoring;

(p) Parent conference;

(q) Parent observation of student;

(r) Positive feedback for appropriate behavior;

(s) Positive behavior supports

(t) Problem solving conferences;

(u) Referral to community based organizations;

(v) Referral to substance abuse counseling service;

(w) Rehabilitative programs;

(x) Restitution;

(y) Restorative justice strategies;

(z) Social skills instruction;

(aa) Student support team meeting; and

(bb) Other appropriate intervention strategies.

2500.7 DCPS decisions regarding student behavior and discipline shall respect individuals, balance the interests of the school community, and minimize disruption of academic instruction.

2500.8 DCPS shall provide a fair and consistent approach to student discipline within the context of students’ rights and responsibilities, as further articulated in these rules.

2500.9 Disciplinary responses shall be logical, appropriate, and instructive. Disciplinary responses shall consider factors such as:

(a) The nature of the infraction;

(b) Circumstances relating to the infraction;

(d) The student’s previous behavioral history;

(e) Previous participation in counseling or conflict resolution efforts such as peer mediation;

(f) Whether injury occurred;

(g) Whether a weapon or controlled substance was involved;

(h) The safety of other students and staff;

(i) The educational needs of other students;

(j) The educational needs of the student to be disciplined (including those enumerated in an IEP or a plan issued pursuant to § 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 355; 29 U.S.C. § 794)); and

(k) Extenuating circumstances.

2500.10 Disciplinary responses, as defined in § 2502 of this chapter, shall be aimed, to the extent practicable under the circumstances, to enable students to continue their instructional program.

2500.11 Staff shall implement disciplinary responses in a progression, beginning with the least severe appropriate response, within the range of permissible disciplinary responses as enumerated in § 2502.

2500.12 Disciplinary responses shall include, but not be limited to, the following strategies:

(a) Verbal redirection/reprimand;

(b) Teacher/student conference;

(d) Parent conference;

(e) Temporary Removal of Student from Classroom;

(f) In-School Disciplinary Action;

(g) Behavior contract;

(h) Grade reduction for Academic Dishonesty only;

(i) On-site Short-Term Suspension (one (1) - five (5) school days for Secondary students or one (1) - three (3) school days for Elementary students);

(j) Off-site Short-Term Suspension, except in response to unexcused tardiness or absence;

(k) Off-site Medium-Term Suspension (six (6) - ten (10) school days), except in response to unexcused tardiness or absence;

(l) Off-site Long-Term Suspension (eleven (11) - ninety (90) school days), except in response to unexcused tardiness or absence; and

(m) Expulsion (off-site Suspension for one calendar year).

2500.13 Except for those corrective and disciplinary measures permitted pursuant to § 2408 of this title, involuntary transfers pursuant to Chapter 21 shall not be used as a disciplinary response.

2500.14 Students shall receive adequate and timely notification of student infractions and disciplinary responses.

2500.15 A copy of the DCPS policies and rules regarding student discipline shall be distributed or made available to students and parents within thirty (30) days after the start of each school year or upon initial enrollment, whichever occurs later.

2500.16 A copy of the DCPS policies and rules regarding student discipline shall be distributed or made available to school staff within thirty (30) days after the start of each school year, or upon initial employment, whichever occurs later.

2500.17 All oral communications, including conferences, appeals, and hearings conducted with any student, parent, or guardian shall be conducted with interpretation services when necessary to ensure effective communication. Interpretation service shall include a qualified interpreter, as that term is defined in D.C. Official Code § 2-1901 (2007 Rpl.) or DCPS staff member who is fluent in the individual’s native language. A certified sign language interpreter shall be provided for any student, parent, or guardian who is deaf or hard of hearing upon request.

2500.18 All written documents concerning the disciplinary process shall be considered vital documents and provided to any student, parent, or guardian in a format that he or she can understand. For individuals with Limited or No-English Proficiency, documents shall be provided in the individual’s native language. For individuals with vision impairments, reasonable accommodations shall be made to provide documents in a manner accessible to the individual, including but not limited to Braille, large type, audio recording, or some other suitable electronic media.

5-B DCMR § 2501 APPLICABILITY

2501.1 The provisions of this chapter shall be enforceable by school authorities, as follows:

(a) When the student is on school grounds;

(b) When the student is on or off school grounds participating in or attending any function or activity, including field trips, class trips, extracurricular activities, or athletic contests, that are sponsored by or are under the auspices of DCPS;

(c) When the student is off school grounds and traveling on transportation provided by DCPS and the activity involves any conduct prohibited by this chapter;

(d) When the student commits a prohibited offense that occurs during before-school or after-school programs; and

(e) When a student has committed a prohibited offense off school grounds or outside regular school hours that results in a significant disruption to the school environment.

5-B DCMR § 2502 GROUNDS FOR DISCIPLINARY ACTION

2502.1 Tier I behaviors are those behaviors that are insubordinate or cause minor disruptions to the academic environment but do not involve damage to school property or harm to self or others. Tier I behaviors result in classroom-level disciplinary responses that may be elevated to administrative response if they are not successfully abated by the teacher or the appropriate school-level committee.

(a) The following behaviors shall be considered Tier I behaviors:

(1) Refusal to present school-issued identification upon request;

(2) Attending class without required class materials or assigned work;

(3) Off-task behaviors that demonstrate disengagement from classroom learning;

(4) Behaviors that disrupt or interfere with classroom teaching and learning;

(5) Unexcused lateness for school or class;

(6) Inappropriate displays of affection;

(7) Excessive noise in the classroom, hall, or school building;

(8) Running in the classroom, hall, or school building;

(9) Communicating with staff and peers in a manner that is not polite, courteous, or respectful;

(10) Directing profanity or obscene/offensive gestures toward peers;

(11) Refusal to comply with staff instructions, or classroom or school rules; and

(12) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that is insubordinate or causes minor disruption to the academic environment but does not involve damage to school property or harm to self or others.

(b) Disciplinary responses for Tier I behaviors shall include:

(1) Verbal redirection or reprimand;

(2) Teacher/student conference;

(3) Parental contact in writing or by phone;

(4) Teacher/parent conference;

(5) Temporary Removal of Student from Classroom;

(6) In-School Disciplinary Action;

(7) Behavior contract; and

(8) Other school-based consequences as approved by a person designated by the Chancellor.

2502.2 Tier II behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause disruption to the academic environment, involve damage to school property, or may cause minor harm to self or others. Tier II behaviors result in school-based and administrative disciplinary responses.

(a) The following behaviors shall be considered Tier II behaviors:

(1) Using computer/office equipment without permission;

(2) Intentional Misuse of School Equipment/Supplies/Facilities;

(3) Unauthorized use of portable electronic devices during school hours (e.g. mp3 players, cell phones);

(4) Non-compliance with approved dress code/uniform policy;

(5) Leaving classroom without permission;

(6) Unexcused absence from class;

(7) Unauthorized presence in hallway during class time;

(8) Unexcused absence from school;

(9) Inappropriate or disruptive physical contact between students;

(10) Directing profanity or obscene/offensive gestures toward staff;

(11) Throwing objects that may cause injury or damage to property;

(12) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that causes disruption to the academic environment, involves damage to school property, or may cause minor harm to self or others; and

(13) Documented Pattern of Persistent Tier I Behavior.

(b) Disciplinary responses for Tier II behaviors shall include:

(1) Verbal redirection or reprimand;

(2) Teacher/student or administrator/student conference;

(3) Parental contact in writing or by phone;

(4) Administrator/parent conference;

(5) Temporary Removal of Student from Classroom;

(6) In-School Disciplinary Action;

(7) Behavior contract;

(8) Other school-based consequences as approved by a person designated by the Chancellor; and

(9) In the case of non-compliance with an approved dress code or uniform policy, disciplinary actions described in section 2408.16 of this title.

2502.3 Tier III behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause significant disruption to the academic environment or cause harm to self or others. In addition to lesser consequences, Tier III behaviors may result in either on-site or off-site Suspension.

(a) The following behaviors shall be considered Tier III behaviors:

(1) Inappropriate Use of DCPS Computer or Network (restricted websites, offensive emails);

(2) Sale or Distribution of any item without authorization;

(3) Possession or Distribution of obscene or pornographic material on school premises;

(4) Possession or Use of tobacco;

(5) Use of alcohol;

(6) Use of marijuana, controlled dangerous substances, imitation controlled substances, inhalants, other intoxicants, or drug paraphernalia;

(7) Unauthorized Possession, Use, or Distribution of over-the-counter medication;

(8) Verbal, written, or physical Threat to person or property (including intimidating postures);

(9) Obscene, seriously offensive, or abusive language or gestures;

(10) Causing disruption on school property or at any DCPS-sponsored or supervised activity;

(11) Gambling;

(12) Communicating slurs based on actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business, including derogatory sexual language;

(13) Engaging in Sexual Acts on school premises or at school-related functions;

(14) Leaving school without permission;

(15) Academic Dishonesty;

(16) Forgery;

(17) Lying to or giving misleading information to school staff;

(18) Posting or distributing material or literature that is disrespectful, demeaning, humiliating, or damaging to students and/or staff. This includes posting material on internet or sending material electronically (via email or cell phone);

(19) Engaging in behavior that demonstrates Gang/neighborhood crew affiliation (displaying clothing or gestures associated with Gangs);

(20) Hazing;

(21) Bullying, or using humiliating, or intimidating language or behavior, including Internet Bullying;

(22) Possession of tools or instruments which school administrators deem could be used as weapons;

(23) Engaging in reckless behavior that may cause harm to self or others;

(24) Extortion;

(25) Fighting where there is no injury and no weapon;

(26) Trespassing;

(27) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that causes significant disruption to the academic environment or causes harm to self or others;

(28) Documented Pattern of Persistent Tier II Behavior

(b) Disciplinary responses for Tier III behaviors shall include:

(1) Verbal redirection/reprimand;

(2) Teacher/student conference or administrator/student conference;

(3) Parental contact (written or by phone);

(4) Parent conference;

(5) Temporary Removal of Student from Classroom;

(6) Behavior contract;

(7) In-School Disciplinary Action;

(8) Grade reduction for Academic Dishonesty;

(9) On-site Short-Term Suspension with provision of appropriate intervention services;

(10) Off-site Short-Term Suspension, except in response to unexcused tardiness or absence; and

(11) Off-site Medium-Term Suspension, except in response to unexcused tardiness or absence.

2502.4 Tier IV behaviors are those behaviors not specifically enumerated in any other tier in this chapter that cause disruption to the school operation, destroy school property, or cause significant harm to self or others. Tier IV behaviors result in off-site Suspension.

(a) The following behaviors shall be considered Tier IV behaviors:

(1) Acts of vandalism, destruction of property, or graffiti (tagging);

(2) Documented theft of school or personal property without force;

(3) Interfering with school authorities or participating in a major disruption of the school’s operation.

(4) Tampering with, changing, or altering an official record or document of a school;

(5) Persistent Harassment based on actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business;

(6) Lewd or indecent public behavior or sexual misconduct;

(7) Sexual Harassment;

(8) Retaliation for reporting Harassment and Sexual Harassment;

(9) Fighting which creates substantial risk of or results in minor injury;

(10) Inciting others to violence or disruption;

(11) Activating False Alarm;

(12) Contaminating food;

(13) Possession of a weapon or replica or imitation of a weapon (including water guns), other than weapons subject to the requirements of the Gun-Free Schools Act;

(14) Using an article that is not normally considered a weapon to intimidate or threaten another individual;

(15) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that causes disruption to the school operation, destroys school property, or causes significant harm to self or others; and

(16) Documented Pattern of Persistent Tier III Behavior enumerated at 2502.3(a)(1) through (27).

(b) Disciplinary responses for Tier IV behaviors include:

(1) Off-site Short-Term Suspension, except in response to unexcused tardiness or absence;

(2) Off-site Medium-Term Suspension, except in response to unexcused tardiness or absence; and

(3) Off-site Long-Term Suspension, except in response to unexcused tardiness or absence.

2502.5 Tier V behaviors are those behaviors not specifically enumerated in any other tier in this chapter that are illegal, cause significant disruption to the school operation, or cause substantial harm to self or others. Tier V behaviors result in off-site Suspension or Expulsion.

(a) The following behaviors shall be considered Tier V behaviors:

(1) Acts of Exceptional Misconduct at other schools;

(2) Vandalism/destruction of property over $500;

(3) Selling or Distribution of marijuana, prescription drugs, controlled dangerous substances, imitation controlled substances, inhalants, other intoxicants, controlled or drug paraphernalia;

(4) The Possession or Distribution of alcohol;

(5) The Possession of drug paraphernalia or controlled substance, irrespective of the amount or type, pursuant to the criminal statutes of the District of Columbia, codified at D.C. Official Code § 48-1101 et seq. (2001)

(6) Causing serious disruption or damage to school’s computer systems, electronic files, or network;

(7) Possession of fireworks or explosives;

(8) Theft or attempted theft using force, coercion, intimidation, or Threat of violence;

(9) Assault or physical attack on student or staff;

(10) Fighting which results in a serious physical injury;

(11) Participating in group fight which has been planned, causes major disruption to school day or results in substantial bodily injury;

(12) Using an article that is not normally considered a weapon to injure another individual;

(13) Use, threatened use, or transfer of any weapon;

(14) Use, Possession, or bringing to school a loaded or unloaded firearm, as defined in 18 U.S.C. § 921 (2000), including but not limited to pistols, blank pistols, starter pistols, revolvers, rifles, and shotguns.

(15) Any behavior that violates the Gun-Free Schools Act;

(16) Deliberate acts that cause severe physical injury to another person (s).

(17) Assault with a weapon;

(18) Commission or attempted commission of any act of sexual assault or sexual aggression;

(19) Arson;

(20) Biohazard;

(21) Bomb threat;

(22) Any other intentional use of violence, force, coercion, Threats, intimidation, or other comparable conduct which causes or attempts to cause severe physical injury, substantial disruption, or obstruction of any lawful mission, process, or function of the D.C. Public Schools;

(23) Any behavior or other conduct not specifically enumerated in any other tier in this chapter that is illegal, causes significant disruption to the school operation, or causes substantial harm to self or others; and

(24) Documented Pattern of Persistent Tier IV Behavior.

(b) Disciplinary responses for Tier V behaviors include:

(1) Off-site Long-Term Suspension, except in response to unexcused tardiness or absence; and

(2) Expulsion.

(1) Weapons enumerated in D.C. Official Code §22-4514 (2001);

(2) Firearms as enumerated in 18 U.S.C. § 921 (2000);

(3) Knives (e.g. bowie, dirk, lock-blade, hunting, pen, pocket, switchblade, utility, boxcutter, etc.);

(4) Martial arts devices (e.g. Chinese stars, ‘nunchucks’, etc.);

(5) Air gun, bb gun, paintball gun;

(6) Other weapons or instruments designed to be or commonly used as weapons (e.g., chains, clubs, knuckles, night stick, pipes, studded bracelets);

(7) Mace, pepper spray, tear gas;

(8) Explosives;

(9) Slingshot;

(10) Bullets;

(11) Chemical weapon; and

(12) Razorblade or razor.

5-B DCMR § 2503 POLICY FOR DISCIPLINARY ACTIONS

2503.1 All disciplinary actions shall be effected pursuant to the rules in this Chapter. Disciplinary actions that do not result in removal from the classroom for more than half a school day may be effected through procedures established by the principal at each school. The principal shall establish such procedures in writing and provide a written copy to students and parents. Procedures shall include a process for appealing such disciplinary responses to the principal.

2503.2 Principals shall ensure that accurate, appropriate documentation is maintained of all disciplinary actions.

2503.3 The Chancellor, at his or her discretion, may review and modify any proposed disciplinary action.

2503.4 Disciplinary responses for all tiers of behavior may be assigned only after consideration of the factors involved in the inappropriate behavior as outlined in § 2500.9, and after consideration of prevention, intervention, and remediation responses as outlined in § 2500.6.

2503.4 Disciplinary responses for students with disabilities shall be imposed in compliance with § 2510 of these Rules.

2503.5 Records of all disciplinary actions taken shall be maintained for each student in a student discipline file that is separate from the student’s official record and cumulative file. Disciplinary records are primarily for the use of the school that the student attends. Disciplinary records shall be maintained by the school until the student is promoted to the next educational level, e.g., from Elementary to Secondary.

5-B DCMR § 2504 POLICY FOR SUSPENSIONS AND EXPULSIONS

2504.1 The policies and procedures described in § 2504 shall apply to all on-site and off-site Suspensions and Expulsions.

2504.2 Off-site Suspension and Expulsion shall not be used in response to unexcused tardiness or absence.

2504.3 Principals shall consider all extenuating circumstances before recommending Expulsion.

2504.4 A student may be suspended prior to a conference pursuant to § 2505 if he or she is contributing to an emergency situation in a school. An emergency situation may exist either because of general conditions in the school (e.g., a series of fires or False Alarms; a manifestly high level of student tension; an increasing number of fights or physical attacks; a large number of abuses of property) or because the behavior of an individual student is so disruptive or dangerous that he/she poses a very real and immediate threat to the health and safety of other members of the school community, or to the ability of the school community or the school or portion thereof to continue normal operations.

2504.5 A student may be expelled from DCPS only for the commission of an infraction as set forth in § 2502.5.

2504.6 Students who have been suspended or expelled shall not be eligible to participate in any school function for the duration of their Suspension or Expulsion. The only exceptions that may be authorized by the Chancellor or his or her designee shall be for system-wide testing, or College Board or admission examinations.

2504.7 Any Suspension, including on-site Suspension, in excess of two (2) in a single semester must be approved by a person designated by the Chancellor.

2504.8 In accordance with the An Act To provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code § 38-201 et seq.), all children of compulsory school age are required to attend school or receive an equivalent education approved by the Office of the State Superintendent of Education.. Notwithstanding the parent’s responsibility to ensure that the child attends a school, a student may be subject to Suspension or Expulsion from DCPS pursuant to this chapter.

2504.9 The principal or other school official may establish, or make a referral to, a special class or other supervised program for students who are suspended, subject to the approval of a person designated by the Chancellor. This special class or other supervised program may be located within a student’s home school or at another appropriate DCPS site.

2504.10 A student who has been suspended or expelled shall have access to an Education Plan as follows:

(a) If a student is suspended for fewer than eleven (11) days, the principal initiating the Suspension shall provide an Education Plan that meets the student’s educational needs and allows the student to make up any class and homework assignments and exams without penalty.

(b) If a student is suspended for eleven (11) days or more or expelled, the student shall be placed in an Alternative Educational Setting that will allow the student the opportunity to continue to earn credits towards promotion or graduation requirements.

2504.11 Restitution and/or school service may be required in any case involving school property (e.g., arson, vandalism, burglary, robbery). The amount of restitution or type of school service shall be determined by a person designated by the Chancellor.

2504.12 If a student’s Suspension or Expulsion is for a period exceeding the number of school days remaining in the school year, any remaining part of the term of the Suspension or Expulsion may be applied to the succeeding school year.

2504.13 Students younger than the age of fourteen (14) who have been suspended or expelled shall not be allowed to leave school grounds during school hours unless accompanied by a parent or guardian, or his or her designee. Students older than fourteen (14) who have been suspended or expelled shall not be allowed to leave school grounds during school hours until a parent or guardian, or his or her designee, has been contacted by phone or in person and given a reasonable opportunity to arrange for proper supervision of the student. If the parent or guardian of a suspended student cannot be notified by phone or in person, the student must remain at school until the end of the school day.

2504.14 If the parent or guardian of a student who has been suspended cannot be contacted by phone or in person before the next school day, and the student arrives at school, he or she must remain in the building until a parent or guardian can be contacted and given a reasonable opportunity to arrange for proper supervision of the student or until the end of the school day. The student may be segregated and must be appropriately supervised during this time. Any such day will count toward fulfilling the term of the student’s Suspension.

2505.15 Except in cases of immediate emergency Suspensions pursuant to § 2504.4, students shall remain in their regular assigned classroom or education setting until the final determination of the Suspension has been made.

2504.16 For students seeking to enroll in DCPS and who have been suspended or expelled from their current school, or who have withdrawn while disciplinary action is pending, a person designated by the Chancellor shall review the facts and circumstances regarding the student’s Suspension, Expulsion, or withdrawal pending Expulsion, if the infraction for which the student was disciplined is one for which the student could have been disciplined within DCPS. The purpose of this review is to determine the appropriate placement within DCPS.

5-B DCMR § 2505 PROCEDURES FOR SUSPENSIONS AND EXPULSIONS

2505.1 Authority to impose Suspensions and Expulsions is as follows:

(a) On-site Short-Term Suspension may only be authorized by the principal or a person designated by the Chancellor.

(b) Off-site Short-Term Suspension may only be authorized by the principal or a person designated by the Chancellor.

(c) Off-site Medium-Term Suspension may be proposed by the principal and may be authorized only by a person designated by the Chancellor. A person designated by the Chancellor may modify the proposed action including rescission.

(d) Off-site Long-Term Suspension may be proposed by the principal and may be authorized only by a person designated by the Chancellor. A person designated by the Chancellor may modify the proposed action including rescission.

(e) Expulsion, except Expulsions for violations relating to the Gun-Free Schools Act, may be proposed in writing by the principal to a person designated by the Chancellor and may be authorized only by the head of the Office of Youth Engagement pursuant to the recommendation of a person designated by the Chancellor.

2505.2 Expulsions for violations of the Gun-Free School Act may be modified only by the Chancellor.

2505.3 Any student who is to be suspended or expelled shall be given a conference with the school official responsible for proposing the disciplinary action, prior to the Suspension or Expulsion. In the event that a student is suspended pursuant to § 2504.4 due to emergency conditions, the conference shall be held no more than three (3) school days after the Suspension is initiated.

2505.4 The conference shall include a discussion of the following:

(a) The grounds for disciplinary action as referred to in this chapter including a citation of the rule(s) upon which the action is based, and a description, in reasonable detail, of the facts and events upon which the disciplinary action is proposed;

(b) An explanation of the evidence or facts upon which the school official has determined that the student has committed an infraction, as defined in this chapter, including a summary of the recommended disciplinary action;

(c) An opportunity for the student to present the student’s version of the facts or to explain the events or action upon which the alleged infraction is based;

(d) The decision regarding the infraction and the recommended disciplinary action to be provided after the student has had an opportunity to present his or her version of the facts and/or to explain the events or actions upon which the alleged infraction is based;

(e) A statement informing the adult student, or minor student’s parent or guardian, of the right to examine the student’s records and any official report of the incident prior to the imposition of the proposed discipline; and

(f) The student’s rights to an appeal pursuant to § 2505.13 or to a hearing pursuant to § 2505.14.

(g) If the principal is recommending Long-Term Suspension or Expulsion, the principal shall report his or her findings and recommendations from the conference in writing to the student and parent or guardian and a person designated by the Chancellor. The principal shall also inform the student and parent or guardian in writing of disciplinary hearing procedures, appeal rights, the intervention supports available to the student, and the requirements for readmission.

2505.5 The conference may include the parent or guardian, witnesses, and/or legal representative, but participation by such party(ies) shall not be required.

2505.6 Students and parents or guardians shall be provided written notice of all Suspensions and Expulsions as follows:

(a) No student may be suspended or expelled, including on-site Suspension, without written notice to the adult student or minor student’s parent or guardian.

(b) Following the oral notice provided to parents or guardians pursuant to § 2504.13 verifiable written notice using contact information provided by the parent or guardian (e.g. email, certified mail, or hand-delivered mail with a signature receipt) of all authorized or proposed Suspensions and Expulsions must be sent to the parent or guardian or to the adult student no later than one (1) school day after the decision by the principal or a person designated by the Chancellor to authorize or propose Suspension or Expulsion.

(c) The notice must inform the parent or guardian of the identity of the person who has the authority to modify or rescind the proposed Suspension or Expulsion. Adult students shall receive notification of their infraction in the same manner.

(d) The notice must also include a description of the infraction including a citation of the rule(s) upon which the action is based, a summary of the facts, the length of the proposed Suspension or Expulsion, the principal’s recommendation for an Education Plan or Alternative Educational Setting; and a description of the student’s right to appeal pursuant to § 2505.13 or to a hearing pursuant to § 2505.14.

(e) A student who has been given a notice of proposed Expulsion may be immediately placed on Suspension in accordance with the rules and procedures set forth in this section.

2505.7 A principal authorizing Short-Term Suspension shall submit the authorization to a person designated by the Chancellor within one (1) school day.

2505.8 A principal or school official proposing Medium- or Long-Term Suspension must immediately submit the proposal to a person designated by the Chancellor. A person designated by the Chancellor may authorize the proposed Suspension or modify it to reduce the number of days suspended.

2505.9 A principal or school official proposing Expulsion shall make a written recommendation for Expulsion to a person designated by the Chancellor no more than one (1) school day after the Expulsion conference. The principal’s recommendation may be made based upon an initial recommendation from a teacher or other school official. The recommendation to expel shall be supported by sufficient written documentation to enable a person designated by the Chancellor to make an independent decision regarding Expulsion. A copy of this recommendation and any attendant documentation shall also be provided to the parent or guardian of the student involved.

2505.10 No more than five (5) school days after receiving the principal’s findings, a person designated by the Chancellor shall either concur with or modify the recommended action. If a principal recommends Expulsion for bringing a weapon as defined in 18 U.S.C. § 921 into DCPS in violation of the Gun-Free Schools Act, only the Chancellor may modify the Expulsion recommendation.

2505.11 In determining whether to propose an Expulsion, a person designated by the Chancellor shall consider the factors enumerated in § 2500.

2505.12 If a person designated by the Chancellor does not concur with the recommended Expulsion, he or she may propose other disciplinary action.

2505.13 If a person designated by the Chancellor concurs with the recommended Expulsion, he or she shall immediately forward a written proposal for Expulsion to the head of the Office of Youth Engagement.

2505.14 A student who has been suspended for fewer than eleven (11) days may appeal the Suspension as follows:

(a) A Short-Term Suspension may be appealed to the principal.

(b) A Medium-Term Suspension may be appealed to a person designated by a Chancellor.

(c) All appeals must be made by the student’s parent or guardian or the adult student, either orally or in writing to the principal or person designated by the Chancellor, as appropriate, no later than two (2) school days after receiving the notice of Suspension, and may be made prior to receiving formal written notice of the Suspension. An appeal made orally shall be put in writing by the person receiving the request.

(d) All appeals will be heard by the principal (for Short-Term Suspensions) or a person designated by the Chancellor (for Medium-Term Suspensions) no later than one (1) school day after the appeal is requested. Upon request of the adult student or minor student’s parent or guardian, the time for the appeal may be extended up to three (3) school days. The appeal may be held by telephone upon request of the parent or guardian if necessary due to health, work, or childcare.

(e) The student and his or her parent or guardian may present evidence and ask witnesses to speak.

(f) At the conclusion of the conference, the principal or a person designated by the Chancellor, as appropriate, shall render a final decision.

(g) No more than one (1) school day after the conference, the principal or a person designated by the Chancellor, as appropriate, shall give the student and his or her parent or guardian, a person designated by the Chancellor, and the head of the Office of Youth Engagement a written summary of the conference proceedings, including the final decision.

2505.15 A student who has been suspended for eleven (11) days or more or who has been expelled shall have a disciplinary hearing pursuant to the procedures in § 2506.

2505.16 No more than one (1) school day after authorization or modification of a Long-Term Suspension or Expulsion, the person designated by the Chancellor shall forward the recommended Suspension or Expulsion to the hearing office for immediate scheduling and shall provide notice of the intent to schedule a hearing to the parent or guardian or adult student.

2505.17 Once a hearing is scheduled by the hearing office, the student shall be placed on Suspension, or in another appropriate placement until the conclusion of the hearing and appeals processes.

5-B DCMR § 2506 PROCEDURES FOR DISCIPLINARY HEARINGS

2506.1 Disciplinary hearings shall be held at a time and place that is reasonably convenient to the student and parent or guardian.

2506.2 For Long-Term Suspensions and Expulsions, the hearing shall be held not more than four (4) school days after a written notice regarding disciplinary action is provided to the parent or guardian or adult student, except that the hearing may be postponed for not more than five (5) school days upon the request of the adult student, minor student’s parent or guardian, or his or her representative, where postponement of the hearing is necessary to prepare for the hearing, provide for the hearing, or provide for the attendance of necessary parties, including interpreters. The hearing office shall provide written notice to the parent or guardian or adult student of the date, time, and location of the hearing immediately upon scheduling the hearing. The notice from the hearing office shall state what consequences, if any, result from failure to attend the hearing.

2506.3 The hearing shall be closed to the public unless the parent or guardian or adult student requests an open hearing.

2506.4 The student shall have a right, but shall not be required, to have a representative or legal counsel, selected by the parent or guardian or adult student.

2506.5 The student, parent or guardian, or representative shall have the right to question any witness or challenge any documentary evidence.

2506.6 The parent or guardian or adult student shall have the opportunity to present testimony and documentary evidence, including the opportunity to call any witness to present testimony relevant to the disciplinary action or other school system recommendation. The right to call witnesses shall include the right to require the presence of any involved school official.

2506.7 It shall be the burden of the DCPS to show by a preponderance of the evidence that the student did commit the infraction(s) upon which the disciplinary action is based.

2506.8 The hearing officer shall ensure that all due process procedures have been followed or waived.

2506.9 The hearing officer may question any witness or party and shall examine all documentary evidence.

2506.10 The hearing shall not be conducted according to the rules of evidence. However, the hearing officer may exclude any testimony or evidence that is irrelevant or repetitive.

2506.11 The hearing officer shall ensure that the hearing is conducted in a fair and orderly manner and shall have the authority to exclude any party or other person from the hearing on the grounds of substantial interference or obstruction of the orderly hearing process.

2506.12 The hearing officer shall make an official electronic audio recording of the hearing, which shall constitute the official record thereof. Upon request, a copy of the recording shall be made available to the parent or guardian, adult student, or representative and the local school principal. This provision shall not preclude a parent or guardian or representative from also recording or transcribing the hearing at his or her expense.

2506.13 The principal or school official shall indicate a recommendation of the school system for the duration of the off-site placement.

5-B DCMR § 2507 HEARING OFFICER RECOMMENDATION

2507.1 Within one (1) school day of the conclusion of a disciplinary hearing, the hearing officer shall issue a written recommendation which shall include the following:

(a) A statement of the facts, as determined from the testimony and evidence presented at the hearing;

(b) A conclusion as to whether the required due process procedures have been properly followed or waived;

(d) A determination regarding the appropriateness of the proposed disciplinary action or an order for a modification thereof, including consideration of the factors enumerated in § 2500.8 and explicit justification for any recommended modification.

25072 For Long-Term Suspensions, a person designated by the Chancellor shall render a final decision no later than one (1) school day after receiving the hearing officer’s recommendation.

2507.3 For Expulsions, the head of the Office of Youth Engagement shall render a final decision no later than one (1) school day after receiving the hearing officer’s recommendation.

2507.4 A copy of the written determination provided by a person designated by the Chancellor or by the head of the Office of Youth Engagement shall be given or mailed, within twenty-four (B24) hours, to the adult student, the minor student’s parent or guardian, and their representatives, if any.

2507.5 Additional copies of the determination by a person designated by the Chancellor or the head of the Office of Youth Engagement shall be sent, within twenty-four (B24) hours, to the principal or other school official in charge of the school or program in which the student is enrolled, and retained in the files of the student hearing office.

2507.6 If the hearing officer recommends disciplinary action is not warranted, based on the fact that the student did not violate any DCPS rule or policy, the determination shall include an order to destroy all school records regarding the disciplinary action, including any reports that relate to the incident upon which the disciplinary action was proposed, insofar as those reports individually identify the student. If the hearing officer determines that disciplinary action is not warranted and either: (a) fails to state whether a DCPS rule or policy was violated, or, (b) states that a DCPS rule or policy was violated but nevertheless finds the disciplinary action to be unwarranted, the school may maintain documents concerning the alleged infraction until the conclusion of the school year immediately following the incident.

2507.7 Long-Term Suspension may be appealed directly to the head of the Office of Youth Engagement:

(a) A parent or guardian, or adult student who wishes to appeal a Long-Term Suspension to the head of the Office of Youth Engagement must submit a written or oral request to appeal the proposed Long-Term Suspension within five (5) school days of receiving notification of the Long-Term Suspension. If the request is made orally, it shall be recorded in writing by the person receiving the request.

(b) Upon receipt of an appeal, the head of the Office of Youth Engagement shall schedule a conference with the parent or guardian, or adult student, to be held within three (3) school days of receiving the appeal request.

(c) During the conference, the parent or guardian, or adult student, may present arguments in support of his or her appeal. The student shall have a right, but shall not be required, to have a representative or legal counsel, selected by the parent or guardian or adult student. The appeal may be held by telephone upon request of the parent or guardian. The conference may be recorded by any of the parties.

(d) No more than two (B2) school days after the conclusion of the conference, the head of the Office of Youth Engagement shall render a final decision. The head of the Office of Youth Engagement shall provide the parent or guardian, or adult student, and a person designated by the Chancellor, a written summary of the conference proceedings and decision.

2507.8 If the head of the Office of Youth Engagement has authorized Expulsion for violating the Gun-Free Schools Act, the parent or guardian or adult student may appeal the decision to the Chancellor pursuant to the process outlined in § 2507.9. The decision of the Chancellor shall be final and shall be provided in writing to the parent or guardian, or adult student, person designated by the Chancellor, and the principal of the school from which the student was expelled.

2507.8 Notwithstanding the other provisions of this section, a person designated by the Chancellor may, at his or her discretion, initiate Expulsion action without the recommendation of a principal or designee.

2507.9 An Expulsion may be appealed directly to the Chancellor.

(a) A parent or guardian, or adult student who wishes to appeal an Expulsion directly to the Chancellor must submit a written or oral request to appeal the proposal within five (5) school days of receiving notification of the Expulsion. If the request is made orally, it shall be recorded in writing by the person receiving the request.

(b) Upon receipt of an appeal, the Chancellor or his/her designee shall schedule a conference with the parent or guardian, or adult student, to be held within three (3) school days of receiving the appeal request.

(d) No more than two (B2) school days after the conclusion of the conference, the Chancellor shall render a final decision. The Chancellor shall provide the parent or guardian, or adult student, a person designated by the Chancellor, and the head of the Office of Youth Engagement a written summary of the conference proceedings and his or her final decision.

5-B DCMR § 2508 REVIEW BY THE CHANCELLOR

2508.1 The Chancellor may review, at his or her discretion, any proposed disciplinary action. If the Chancellor determines that disciplinary action is not warranted, the determination shall include a statement ordering the destruction of all school records of the disciplinary action, including any reports of the disciplinary action that relate to the incident upon which the action was based, provided that, from the facts presented, it is determined that there was no violation of any DCPS rule or policy, insofar as those reports individually identify the student.

2508.2 With respect to all disciplinary actions, the Chancellor may overrule or modify any proposed disciplinary action including Expulsion. The Chancellor shall provide written justification for any modification of disciplinary action.

5-B DCMR § 2509 RE-ENTRY FOLLOWING EXPULSION

2509.1 Prior to the conclusion of an Expulsion, a person designated by the Chancellor shall hold a conference with the student and the student’s parent or guardian to determine appropriate school placement for the student.

2509.2 The conference shall be held according to guidelines in § 2505, and shall include discussion of the following topics:

(a) The student’s activities while under disciplinary action;

(b) The steps the student will take to avoid a subsequent disciplinary action;

(d) Any other pertinent circumstances.

2509.3 Effort shall be made to return the student to his or her previous school, unless a person designated by the Chancellor reasonably concludes based on the conference that another school is a more appropriate setting.

2509.4 The student and his or her parent or guardian shall be informed of the school placement no more than one school day after the conference, and the registration/enrollment process shall be facilitated as smoothly and quickly as possible thereafter.

2509.5 The principal of the receiving school shall ensure the returning student receives an appropriate academic program, as well as services to ensure a smooth transition back into the general school population (e.g., SST meeting, counseling, etc.).

5-B DCMR § 2510 PROPOSED DISCIPLINE OF A STUDENT WITH DISABILITY

2510.1 Nothing herein shall exempt a student with a disability from disciplinary action.

2510.2 In initiating disciplinary procedures applicable to all children, DCPS must ensure that the special education and disciplinary records of the child with a disability are transmitted for consideration by the person or person s making the final determination regarding the disciplinary action. Such documentation may include, but not be limited to (with any required permission from parent/guardian): the student’s current IEP, discipline file, cumulative file, anecdotal records from teachers or other school personnel, reports or recommendations from health or mental health clinicians.

2510.3 The removal of a student with a disability from his or her current placement for more than ten (10) school days for disciplinary reasons shall require that a determination be made as to whether the subject behavior is related to the student’s disability.

2510.4 If the result of the review is a determination that the behavior of the child with a disability was not a manifestation of the child’s disability, the relevant disciplinary procedures applicable to children without disabilities may be applied to the child in the same manner in which they would be applied to children without disabilities

2510.5 DCPS may order an immediate removal of a student with a disability from his or her current placement:

(a) To an appropriate interim Alternative Educational Setting, another setting, or Suspension, for not more than ten (10) consecutive school days (to the extent such alternatives would be applied to children without disabilities); and

(b) To an appropriate interim alternative educational setting for the same amount of time that a child without a disability would be subject to discipline, up to but not exceeding forty-five (45) days if:

(1) The student carries a weapon to school or to a school function;

(2) The student knowingly possesses or uses illegal drugs or solicits the sale of a controlled substance while at school or at a school function; or

(3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction DCPS.

2510.6 DCPS must make a free appropriate public education available to all eligible children with disabilities, including children with disabilities who have been suspended or expelled from school. When a student with a disability is removed from his or her current placement for more than ten (10) school days for disciplinary reasons, DCPS must continue to provide the specialized instruction and related services that are specified on the student’s IEP.

2510.7 Any interim alternative educational setting in which a child is placed must:

(a) Be selected so as to enable the child to continue to participate in the general curriculum, although in another setting, and to continue to receive those services and modifications, including those described in the child’s current IEP, that will enable the child to meet the goals set out in that IEP; and

(b) Include services and modifications designed to address the behavior described in § 2511.2 or § 2511.3 so that it does not recur.

2510.8 If a disciplinary action is contemplated as described in § 2511.B2 or § 2511.3 for a behavior of a child with a disability described in either of those subsections, or if a proposed disciplinary action involves removal of a student with a disability from his or her current placement for more than ten (10) consecutive school days:

(a) Not later than the date on which the decision to take that action is made, the parents must be notified of that decision and of all procedural safeguards accorded by law; and

(b) Immediately, if possible, but in no case later than ten (10) school days after the date on which the decision to take that action is made, a review must be conducted of the relationship between the child’s disability and the behavior subject to the disciplinary action.

2510.9 Within ten (10) school days of any disciplinary decision to remove a student with a disability from his or her current placement, DCPS, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the DCPS) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine:

(a) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or

(b) If the conduct in question was the direct result of DCPS’s failure to implement the IEP.

2510.10 The conduct must be determined to be a manifestation of the child’s disability if DCPS, the parent, and relevant members of the child’s IEP Team determine that a condition in either 34 CFR 300.530(e)(1)(i) or (1)(ii) was met.

2510.11 If the DCPS, the parent, and relevant members of the child’s IEP Team determine the condition described in 34 CFR 300.530(e)(1)(ii) was met, the DCPS must take immediate steps to remedy those deficiencies.

2510.12 In carrying out a review, the IEP Team may determine that the behavior of the child was not a manifestation of such child’s disability only if the IEP Team:

(a) First considers, in terms of the behavior subject to disciplinary action, all relevant information, including:

(1) Evaluation and diagnostic and results, or other relevant information supplied by the parents of the child;

(2) Observations of the child;

(3) The child’s IEP and placement; and

(4) Any other material deemed relevant by the IEP Team, including, but not limited to, school progress reports, anecdotal notes and facts related to disciplinary action taken by administrative personnel; and

(b) Then determines that:

(1) In relationship to the behavior subject to disciplinary action, the child’s IEP, and placement were appropriate and the special education services, supplementary aids and services, and behavior intervention strategies were provided consistent with the child’s IEP and placement;

(B2) The child’s disability did not impair the ability of the child to understand the impact and consequences of the behavior subject to disciplinary action; and

(3) The child’s disability did not impair the ability of the child to control the behavior subject to disciplinary action.

2510.13 Either before or not later than ten (10) consecutive school days after taking a disciplinary action described in § 2510.2:

(a) If DCPS did not conduct a functional behavioral assessment and implement a behavioral intervention plan for such child before the behavior that resulted in the Suspension described above, DCPS must convene an IEP meeting to develop an assessment plan to address that behavior; or

2510.14 If the child’s parent disagrees with a determination that the child’s behavior was not a manifestation of the child’s disability or with any decision regarding placement, the parent may request a hearing.

2510.15 DCPS must arrange for an expedited hearing, which must occur within twenty (20) school days of the date the complaint requesting the hearing is filed, in any case described in this section when requested by a parent.

2510.16 In reviewing a decision with respect to the manifestation determination, the hearing officer must determine whether DCPS has demonstrated that the child’s behavior was not a manifestation of such child’s disability.

2510.17 A disciplinary hearing officer may recommend the removal of a student with a disability from his or her current placement for not more than forty-five (45) days if the hearing officer:

(a) Determines that DCPS has demonstrated by substantial evidence that maintaining the current placement of such child is substantially likely to result in injury to the child or to others;

(b) Considers the appropriateness of the child’s current placement;

(c) Considers whether DCPS has made reasonable efforts to minimize the risk of harm in the child’s current placement, including the use of supplementary aids and services; and

(d) Determines that the interim alternative educational setting meets the requirements described in § B2510.14 above.

2510.18 In recommending the removal of a student with a disability from his or her current placement removal of a student with a disability from his or her current placement to an alternative education setting for disciplinary reasons, the hearing officer must apply the standards set out in § 2510.17 above.

2510.19 When a parent requests a hearing regarding a disciplinary action to challenge the interim alternative educational setting or the manifestation determination, the child must remain in the interim alternative educational setting pending the decision of the hearing officer or until the expiration of the time period provided for in § 2510.5 (i.e., 45 days), whichever occurs first, unless the parent and DCPS agree otherwise.

2510.20 If a child is in an interim alternative educational setting for disciplinary reasons and school personnel propose to change the child’s educational placement after expiration of the interim Alternative Setting for disciplinary reasons, during the pendency of any proceeding to challenge the proposed change in placement, the child must remain in the current placement (the child’s placement prior to the interim alternative educational setting), except as provided in § 2510.21, below.

2510.21 If school personnel maintain that it is dangerous for the child to be in the current placement (placement prior to removal to the interim alternative education setting) during the pendency of the due process proceedings, DCPS may request an expedited hearing.

2510.22 A child who has not been determined to be eligible for special education and related services under this part and who has engaged in behavior that violated any rule or code of conduct of DCPS, including any behavior described in this chapter, may assert any of the applicable protections provided for in the Individuals with Disabilities Education Improvement Act, as amended, if DCPS had knowledge (as determined in accordance with § 2510.23 below), that the child was a child with a disability before the behavior that precipitated the disciplinary action occurred.

2510.23 DCPS is deemed to have knowledge that a child is a child with a disability if:

(a) The parent of the child has expressed concern in writing (unless the parent is illiterate or has a disability that prevents compliance with the requirements contained in this clause) to supervisory or administrative personnel of [DCPS], or a teacher of the child, that the child is in need of special education and related services;

(b) The parent of the child has requested an evaluation of the child; or

(c) The teacher of the child or other personnel of DCPS has expressed specific concerns about a pattern of behavior or performance of the child to the Director of Special Education or to other DCPS personnel.

2510.24 DCPS is deemed not to have knowledge that a child is a child with a disability if: the parent of the child has not allowed an evaluation of the child pursuant to 34 CFR 300.300 through 300.311 or has refused services under Part B of the IDEA; or the child has been evaluated in accordance with 34 CFR 300.300 through 300.311 and determined to not be a child with a disability under Part B of the IDEA.

2510.25 If DCPS does not have knowledge that a child is a child with a disability in accordance with § 2510.23 prior to taking disciplinary measures against the child, the child may be subjected to the same disciplinary measures applied to children without disabilities who engaged in comparable behaviors.

2510.26 If a request is made for an evaluation of a child during the time period in which the child is subjected to disciplinary measures under this chapter, the evaluation must be conducted in an expedited manner. If the child is determined to be a child with a disability, taking into consideration information from the evaluation conducted by DCPS and information provided by parents, DCPS must provide special education and related services in accordance with the relevant provisions of the Individuals with Disabilities Education Improvement Act, as amended, except that, pending the results of the evaluation, the child must remain in the educational placement determined by school authorities.

2510.27 Nothing in the Individuals with Disabilities Education Improvement Act, as amended, shall be construed to prevent D.C. law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by a child with a disability.

2510.28 Nothing in the Individuals with Disabilities Education Improvement Act, as amended, shall be construed to prohibit DCPS from reporting a crime committed by a child with a disability to appropriate authorities. In reporting a crime committed by a child with a disability to appropriate authorities, DCPS must ensure that copies of the special education and disciplinary records of the child are transmitted for consideration by the appropriate authorities to which it reports the crime.

5-B DCMR § 2599 DEFINITIONS

2599.1 Unless the same term or phrase is defined in § 2599.2, the definitions set forth in § 2099 are incorporated in this chapter by reference and shall apply to the terms and phrases used in this chapter.

2599.2 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

“Alternative Educational Setting” - an educational program other than that in which the student was placed prior to disciplinary action.

“Academic Dishonesty” - any conduct that unfairly influences academic outcomes including:

(a) Plagiarism including the adoption or reproduction of ideas, words, or statements of another person or source without giving acknowledgment or credit to the person or source;

(b) Cheating including any attempt to give or obtain assistance in with a test or examination, without permission or acknowledgment;

(c) Deception including giving false information to instructional staff- for example, a student giving a false excuse for missing a deadline or making a false claim that assignment was submitted;

(d) Fabrication including altering data, information, and documents affecting any student’s academic records; forging signatures of authorized instructional staff or falsifying information on an official school document, i.e. report card, letter of permission, petition, class schedule, ID card, or any other official school document;

(e) Sabotage including creating situations to prevent others from completing their work. For example, destroying another student’s work, tampering with the experiments of other students; and

(f) Unauthorized Access including gaining unauthorized access to computer systems, academic or administrative records and information; viewing or altering any records, modifying computer programs or systems, releasing or distributing information gained through unauthorized access.

“Acts of Exceptional Misconduct” - any activity that would constitute a felony, gross misdemeanor, or misdemeanor under District or federal law.

“Assault” - being physically violent, using unwarranted force, or demonstrating a deliberate and immediate intent to be physically violent towards another. Assault does not include: 1) incidental touching unless it is flagrant, purposeful, repeated, or results in the threat of imminent harm; or 2) Self-Defense or the defense of someone else who is being assaulted if the force used in defense is reasonable in response to the Assault.

“Bullying”-repeated intentional behavior that occurs in order to intentionally harm others through verbal or non verbal Harassment, physical Assault, or other more subtle methods of coercion. Such behavior may include, but is not limited to, manipulation, teasing, taunting, threatening, hitting, stealing, destroying person al property, sending threatening/abusive emails, text messages, or other electronic communications.

“Distribution” - the transfer to any other person, with or without the exchange of money or other valuables.

“DCPS” - means the District of Columbia Public Schools.

“Documented Pattern of Persistent Behavior” - repeated commission of the same or similar infraction. Behavioral occurrences on a single school day (for Elementary students) or in a single class period (for Secondary students) are considered a single infraction. To impose disciplinary action using this standard, prior infractions must be documented no later than one school day after than the occurrence of each infraction. Only infractions occurring within the current school year shall be considered in the assessment of whether a pattern of behavior exists.

“Education Plan” - includes instructional materials and written work sufficient to allow a student the opportunity to earn grades and credits of the same value as those earned by students attending classes. The plan shall also include information regarding accessing support services, such as counseling, mental health services, etc.

“Elementary” - grades preK-grade 5.

“Expulsion” - the denial of the right of a student to attend any DCPS School or program, including all classes and school activities, except DCPS Alternative Educational Settings, for one (1) calendar year.

“Extortion” or “blackmail” - obtaining, or attempting to obtain, money or property from another person, with or without that person’s consent, induced by wrongful use of force or intimidation, or the Threat thereof.

“False Alarm” - triggering a fire alarm or initiating a report of fire or emergency without valid cause, or accessory to this offense.

“Fighting” - engaging in or provoking physical contact involving anger or hostility. Fighting includes, but is not limited to, the following:

(a) Engaging in mutual physical contact involving anger or hostility;

(b) Teasing, harassing, threatening or intimidating others in a manner that results in physical contact involving anger or hostility;

(d) Verbally inciting or physically supporting a fight through one’s encouragement or presence.

“Forgery” - forging notes or letters from parents, guardians, teachers, staff members, or office personnel; or the falsification of travel plans or sign-out designations.

“Gambling” - playing cards, dice, or games of chance for money or other things of value.

“Gang” - a group of individuals that are involved in illegal, intimidating or harassing conduct.

“Gun-Free Schools Act” - Federal law requiring states to have a law in place requiring the Expulsion of a student who is found to have brought a firearm to school, 20 U.S.C. § 7151.

“Hazing” - actions taken against a person for the purpose of being initiated into a group that endangers the mental or physical health, well being or safety of a student, and results in humiliation, embarrassment, ridicule, intimidation or shame.

“Harassment” - verbal or physical conduct or communication relating to an individual's actual or perceived race, color, religion, national origin, sex, age, marital status, person al appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intrafamily offense, or place of residence or business, in a manner that denies or limits a student's ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive environment for students, employees, or others in the school environment, or interferes with employees’ performance of their job duties or the effective performance of the school-related functions of others. Harassment also includes written or verbal communications that are electronically transmitted with the intention of creating or causing the same harm described above.

“In-School Disciplinary Action” - disciplinary actions such as after-school detention, loss of privileges (including recess), exclusion from extracurricular activities, written reflection, conflict resolution, mediation, or similar actions of short duration that do not result in the student’s loss of academic instruction time.

“Inappropriate Use of DCPS Computer or Network” - any use of DCPS computers or networks in violation of the DCPS Student Internet Safety and Use Policy.

“IEP” - an individualized education program as that term is defined in § 602 of the Individuals with Disabilities Education Act, approved June 4, 1997 (111 Sat. 37; 20 U.S.C. § 1401).

“Intentional Misuse of School Equipment/Supplies/Facilities” - deliberately misusing school equipment, supplies, or facilities, including failure to follow safety rules.

“Limited or no-English proficiency” - the inability to adequately understand or to express oneself in the spoken or written English language.

“Long-Term Suspension” - Suspension for eleven (11) to ninety (90) school days.

“Medium-Term Suspension” - Suspension for six (6) to ten (10) school days.

“Possession” - knowingly carrying or having an item on one’s person, or exercising control over an item, that is prohibited from being on school grounds, that is either in the possession of a third-party or has been intentionally placed in a location on or near school property for the purpose of disposing of the item or retrieving the item at a future time.

“Secondary” - grade 6 or higher.

“Self-Defense” - defensive behavior that occurs while an Assault is being inflicted on oneself or another, and is not more forceful than absolutely needed to deflect the violence suffered and prevent continuing injury or harm to oneself or the other person. Examples of Self-Defense are deflecting blows without returning them and holding or holding back an attacker to keep him/her from continuing to Assault. Defensive behavior that is considerably more forceful than needed for legitimate Self-Defense may be considered Assault.

“Sexual act” - any sexual act committed among two consenting parties.

“Sexual Harassment” - deliberately harassing another person for sexual reasons or in a sexualized manner with unwanted attention, touching, or verbal comments such that the person is uncomfortable, intimidated, or threatened by the behavior.

“Short-Term Suspension” - on-site or off-site Suspension for one (1) to five (5) school days for Secondary students or one (1) to three (3) school days for Elementary students.

“Suspension” - the denial of the right of a student to attend any DCPS school or program, including all classes and school activities, except in an approved Alternative Educational Setting, in no event exceeding ninety (90) school days pursuant to the provisions of this chapter.

“Temporary Removal of Student from Classroom” - removal from the student’s classroom for less than half a school day, not to extend beyond the time of dismissal on the day of the disciplinary action. During any such removal, the student shall be supervised and provided with instructional materials.

“Threat” - the communication of an intention to intimidate, harass or inflict violence, harm or terror on an individual or group of individuals, directly or indirectly, whether by physical, verbal, written, telephone, or electronic actions, which cause the other person to believe his or her life or safety, or property, is in danger.

“Trespassing” - being present on school property without permission of school authorities. This includes entering any school district property, except an approved Alternative Educational Setting, while serving an off-site Suspension or Expulsion or attending any school function at any location while serving a Suspension or Expulsion in contravention of § 2504.6.

“Use” - when referring to alcohol, marijuana or other illegal drugs, or prescription medication, means a finding, based on reasonable evidence, that a student was found to have consumed such substances without proper authorization, or that a student was found, based on reasonable evidence, to be or have been under the influence of same while under the jurisdiction of DCPS authority.

5-B34 FREEDOM OF INFORMATION

5-B DCMR § 3400 GOVERNING REGULATIONS

3400.1 The regulations found in Chapter 4 of Title 1 of the District of Columbia Municipal Regulations shall be the rules and procedures followed by the District of Columbia Public Schools in implementing the District of Columbia's Freedom of Information Act, effective March 25, 1977 (D.C. Law 1-96, D.C. Official Code § 2-531 et seq.).

5-C CHARTER SCHOOLS

5-C25 CREDIT ENHANCEMENT FUND GRANTS

5-C DCMR § 2500 APPLICABILITY

2500.1 These regulations shall govern the Public Charter School Credit Enhancement Fund Grant Program administered by the Department of Banking and Financial Institutions ("DBFI").

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2501 PROGRAM

2501.1 There is hereby established, within the DBFI, the District of Columbia Public Charter School Credit Enhancement Fund Grant Program ("Program") to provide credit enhancement to facilitate the purchase, construction and/or renovation of facilities for District of Columbia public charter schools. The credit enhancements will be administered through grants awarded to non-profit organizations to promote innovative credit enhancement initiatives for public charter schools facilities. The DBFI will fund the grants through the portion of the District of Columbia Public Charter School Credit Enhancement Fund ("Fund") administered by the Mayor.

2501.2 In order to preserve the Fund as a revolving fund, the Program shall be administered, and grants awarded, in a manner that requires grant proceeds, and any interest or income earned thereon, if available, to be returned to the Fund when the grant proceeds are no longer necessary for credit enhancement.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2502 ROLLING APPROVAL PROCESS

2502.1 Grants under the Program shall be available and awarded on a rolling, first-come, first-serve basis to the extent of available funding and appropriations, and satisfaction of the requirements of these rules. The application review process will remain open only to the extent of available funding and appropriations.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2503 MAXIMUM AMOUNT OF GRANT

2503.1 The maximum grant for each project, as defined in § 2505.1 of these regulations, under the Program shall not exceed five hundred thousand dollars ($500,000).

2503.2 When more than one charter school is located in or benefiting from a project, the amount in § 2503.1 may be increased by an amount up to five hundred thousand dollars ($500,000) for each additional charter school located in or benefiting from the project after the first charter school.

2503.3 The DBFI may increase the amounts in this section if the DBFI finds the following:

(a) The additional amount is supported by available funding and appropriations;

(b) The project could not be completed without the additional amount; and

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2504 ELIGIBLE RECIPIENTS

2504.1 A non-profit organization is eligible to receive grants under this Program if the organization is:

(a) Engaged in the promotion of innovative credit enhancement initiatives for the development of charter school facilities; and

(b) Authorized by two (2) or more public charter schools to act on their behalf in obtaining financing to cover the cost of an eligible project.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2505 ELIGIBLE PROJECTS

2505.1 For purposes of these regulations, the term "project" shall be defined to mean a proposal to:

(a) Obtain financing to acquire interests in real property (including by purchase, lease or donation), including financing to cover planning, development, and other incidental costs;

(b) Obtain financing for construction of facilities or the renovation, repair, or alteration of existing property or facilities (including the purchase or replacement of fixtures and equipment), including financing to cover planning, development, and other incidental costs; or

2505.2 In order to be eligible for a grant under the Program, a project shall have prior approval for financing, or financing contingent on a Qualified Credit Enhancement that does not exceed the maximum grant amount established in § 2503 of these regulations.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2506 QUALIFIED CREDIT ENHANCEMENT

2506.1 Qualified credit enhancements available to eligible recipients to enhance the availability of loans or other financing for charter school facilities may include, but are not limited to, the following:

(a) Guaranteeing, insuring or providing security (including by pledging collateral or taking title to real property) for loans;

(b) Providing down payment assistance, subsidizing installment payments or otherwise directly facilitating loans;

(d) Helping to identify potential lending sources, encouraging private lending and other similar activities to promote lending to charter schools.

2506.2 Qualified credit enhancements available to eligible recipients to enhance the availability of bond financing for charter school facilities may include, but are not limited to, the following:

(a) Providing technical and other administrative assistance; and

(b) Providing financial or other assistance necessary to improve the rating or proposed repayment terms of a bond issue, to induce the participation of underwriters, or to otherwise enhance the commercial feasibility of a proposed transaction (including by providing for all or a portion of installment payments on the bond in the event of borrower default or, in the case of a bond issue with a floating rate, a marked increase in the applicable rate, the pledging of reserves or other collateral, or by taking property or other interests).

2506.3 Costs associated with making an application under the Program shall not be reimbursed with proceeds from the Fund unless determined by the Commissioner to be in the best interest of the District.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2507 APPLICATION PROCEDURE

2507.1 In order to be eligible for a grant under the Program, an applicant shall file an application with two (2) additional copies of the application, with the DBFI for a grant under the Program.

2507.2 The application shall consist of the following information:

(a) A description of the grant requested from the Program, including the amount of credit enhancement being requested, a description of the structure or form of the credit enhancement being requested (i.e. collateral), and a description of the proposed use of the grant proceeds;

(b) The name of the applicant, including officers and key employees;

(c) Certification that the applicant is authorized by two or more public charter schools to act on their behalf in obtaining financing to cover the cost of an eligible project;

(d) The location of the project, including a description of the project's compliance with the zoning regulations of the District;

(e) Whether the project is located in a Neighborhood Target area as established by the Office of Planning;

(f) A description of the project (the description shall indicate whether the project constitutes the purchase, construction or renovation of school facilities, or a combination of some or all of these three (3) categories);

(g) The type of charter school(s) to be located in the project;

(h) The type of charter school(s) that will benefit as a result of the project;

(i) The following information for each charter school to be located in, or that will benefit as a result of, the project:

(1) The curriculum;

(2) The age and grade level of students to be served;

(3) The number of students to be served; and

(4) Special programs or activities that will be provided by the charter school(s) to be located in, or that will benefit as a result of, the project.

(j) A description of the financing of the project;

(k) The name of the financial institution(s) that has approved the project's financing as required by § 2505.2 of these regulations;

(l) A pro forma projection of the revenues and expenses of the project; (m)A description of the timing and phasing of the project;

(n) An analysis demonstrating that the project cannot be financed without the requested grant; and

(o) Any other information required by the DBFI.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2508 APPLICATION REVIEW

2508.1 Not later than thirty (30) days after the receipt of an application which meets the criteria set forth in §§ 2505.2 and 2507 of these regulations, the DBFI shall approve, in whole or in part, or disapprove, in whole or in part, the grant sought by the applicant.

2508.2 The DBFI will consider the following factors in determining whether to approve an application:

(a) The number of charter schools and/or number of the students to be served by the charter school(s) located in, and/ or benefiting from, the project;

(b) Whether the project will benefit a high-risk population;

(d) Whether the grant will improve public education in the District of Columbia; and

(e) Whether there is a reasonable probability that the project will not be achieved, or the success of the charter school(s) benefiting from the project, will not be achieved without the grant.

(f) The extent to which the grant requested will deplete the Fund or the extent to which the grant is structured to return grant proceeds to the Fund once the grant proceeds are no longer necessary for credit enhancement for the applicant.

2508.3 The DBFI may approve the grant in whole or in part based on one or more of the factors listed in § 2508.2.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2509 APPEALS

2509.1 An applicant may appeal the disapproval in whole or in part of its application to the Mayor, or his designee.

2509.2 Within forty-five (45) days after receiving the appeal, the Mayor, or his designee, shall take the following action:

(a) The Mayor, or his designee, shall reverse a disapproval of the DBFI upon a finding that the DBFI abused its discretion in disapproving the application in whole or in part; or

(b) The Mayor, or his designee, shall affirm the decision of the DBFI upon a finding that the DBFI did not abuse its discretion in disapproving the application in whole or in part.

2509.3 The applicant shall have no further right to administratively appeal the disapproval in whole or in part of its application upon a finding by the Mayor, or his designee, that DBFI did not abuse its discretion in disapproving the application in whole or in part.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2510 GRANT AWARD AGREEMENT

2510.1 Prior to, and as a condition of, a grant award, a potential recipient shall execute an agreement with DBFI that shall ensure that the grant being awarded will be used for purposes consistent these regulations and the application upon which the grant was awarded.

2510.2 The grant agreement shall include, but not be limited to, the following:

(a) A covenant that provides for the recapture of grant funds upon a violation of the agreement;

(b) A covenant that provides for the return of any grant funds that are no longer used for a Qualified Credit Enhancement as provided in § 2506 of these regulations approved by the Commissioner; and

(c) Terms and conditions the Commissioner finds necessary to further the purposes of the District of Columbia Public Charter School Credit Enhancement Fund and for the benefit of public education in the District of Columbia.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C DCMR § 2511 REPORTS

2511.1 A recipient of a grant under the Program shall provide a monthly report to the DBFI beginning on the first day of the first full month after the date of the award of the grant. Subsequent monthly reports shall be filed on the first day of each month thereafter until the second month after the opening of the charter school(s) located in, or benefiting from, the project. The monthly report shall contain all information requested by the DBFI, including but not limited to, the status of the project and the project financing.

2511.2 In addition to the report required pursuant to § 2511.1 of these regulations, a recipient of a grant under the Program shall file any other report required by the DBFI, including, any information needed by the DBFI to file its quarterly reports to the United States Congress.

History

SOURCE: Emergency Rulemaking published at 48 DCR 2951 (March 30, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 2951 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 3899 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9630 (October 19, 2001).

5-C26 CREDIT ENHANCEMENT FUND COMMITTEE GRANTS

5-C DCMR § 2600 APPLICABILITY

2600.1 These regulations shall govern the Public Charter School Credit Enhancement Fund Grant Program administered by the District of Columbia Public Charter School Credit Enhancement Fund Committee ("Committee").

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2601 PROGRAM

2601.1 There is hereby established, the District of Columbia Public Charter School Credit Enhancement Fund Committee Grant Program ("Program") to provide credit enhancement to facilitate the purchase, construction and/or renovation of facilities for District of Columbia public charter schools. The credit enhancements will be administered through grants awarded to District of Columbia public charter schools and non-profit organizations to promote innovative credit enhancement initiatives for public charter schools facilities. The Committee will fund the grants through the portion of the District of Columbia Public Charter School Credit Enhancement Fund ("Fund") administered by the Committee.

2601.2 In order to preserve the Fund as a revolving fund, the Program shall be administered, and grants awarded, in a manner that requires grant proceeds, and any interest or income earned thereon, if available, to be returned to the Fund when the grant proceeds are no longer necessary for credit enhancement.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2602 ROLLING APPROVAL PROCESS

2602.1 Grants under the Program shall be available and awarded on a rolling, first-come, first-serve basis to the extent of available funding and appropriations, and satisfaction of the requirements of these rules. The application review process will remain open only to the extent of available funding and appropriations.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2603 MAXIMUM AMOUNT OF GRANT

2603.1 The maximum grant for each project, as defined in § 2605.1 of these regulations, under the Program shall not exceed five hundred thousand dollars ($500,000).

2603.2 When more than one charter school is located in or benefiting from a project, the amount in § 2603.1 may be increased by an amount up to five hundred thousand dollars ($500,000) for each additional charter school located in or benefiting from the project after the first charter school.

2603.3 The Committee may increase the amounts in this section if the Committee finds the following:

(a) The additional amount is supported by available funding and appropriations;

(b) The project could not be completed without the additional amount; and

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2604 ELIGIBLE RECIPIENTS

2604.1 A public charter school in the District of Columbia is eligible to receive grants under the Program.

2604.2 A non-profit organization is eligible to receive grants under the Program if the organization is:

(a) Engaged in the promotion of innovative credit enhancement initiatives for the development of charter school facilities; and

(b) Authorized by two (2) or more public charter schools to act on their behalf in obtaining financing to cover the cost of an eligible project.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2605 ELIGIBLE PROJECTS

2605.1 For purposes of these regulations, the term "project" shall be defined to mean a proposal to:

(a) Obtain financing to acquire interests in real property (including by purchase, lease or donation), including financing to cover planning, development, and other incidental costs;

2605.2 In order to be eligible for a grant under the Program, a project shall have prior approval for financing, or financing contingent on a Qualified Credit Enhancement that does not exceed the maximum grant amount established in § 2603 of these regulations.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2606 QUALIFIED CREDIT ENHANCEMENT

2606.1 Qualified credit enhancements available to eligible recipients to enhance the availability of loans or other financing for charter school facilities may include, but are not limited to, the following:

(a) Guaranteeing, insuring or providing security (including by pledging collateral or taking title to real property) for loans;

(b) Providing downpayment assistance, subsidizing installment payments or otherwise directly facilitating loans;

(d) Helping to identify potential lending sources, encouraging private lending and other similar activities to promote lending to charter schools.

2606.2 Qualified credit enhancements available to eligible recipients to enhance the availability of bond financing for charter school facilities may include, but are not limited to, the following:

(a) Providing technical and other administrative assistance; and

2606.3 Costs associated with making an application under the Program shall not be reimbursed with proceeds from the Fund.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2607 APPLICATION PROCEDURE

2607.1 In order to be eligible for a grant under the Program, an applicant shall file an application, with two (2) additional copies of the application, with the Committee for a grant under the Program.

2607.2 The application shall consist of the following information:

(b) The name of the applicant, including officers and key employees;

(c) Certification that the applicant is authorized by two or more public charter schools to act on their behalf in obtaining financing to cover the cost of an eligible project;

(d) The location of the project, including a description of the project's compliance with the zoning regulations of the District;

(e) Whether the project is located in a Neighborhood Target area as established by the Office of Planning;

(g) The type of charter school(s) to be located in the project;

(h) The type of charter school(s) that will benefit as a result of the project;

(i) The following information for each charter school to be located in, or that will benefit as a result of, the project:

(1) The curriculum;

(2) The age and grade level of students to be served;

(3) The number of students to be served; and

(4) Special programs or activities that will be provided by the charter school(s) to be located in, or that will benefit as a result of, the project;

(j) A description of the financing of the project;

(k) The name of the financial institution(s) that has approved the project's financing as required by § 2605.2 of these regulations;

(l) A pro forma projection of the revenues and expenses of the project;

(m) A description of the timing and phasing of the project;

(n) An analysis demonstrating that the project cannot be financed without the requested grant; and

(o) Any other information required by the Committee.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2608 APPLICATION REVIEW

2608.1 Not later than sixty (60) days after the receipt of an application which meets the criteria set forth in § 2605.2 and 2607 of these regulations, the Committee, or a subcommittee designated by the Committee, shall approve, in whole or in part, or disapprove, in whole or in part, the grant sought by the applicant.

2608.2 The Committee, or a subcommittee designated by the Committee, will consider the following factors in determining whether to approve an application:

(a) The number of charter schools and/or number of the students to be served by the charter school(s) located in, and/ or benefiting from, the project;

(b) Whether the project will benefit a high-risk population;

(d) Whether the grant will improve public education in the District of Columbia; and

(e) Whether there is a reasonable probability that the project will not be achieved, or the success of the charter school(s) benefiting from the project, will not be achieved without the grant.

(f) The extent to which the grant requested will deplete the Fund or the extent to which the grant is structured to return proceeds to the Fund once the grant proceeds are no longer necessary for credit enhancement for the applicant.

2608.3 The Committee may approve the grant in whole or in part based on one or more of the factors listed in § 2608.2.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2609 APPEALS

2609.1 An applicant may appeal the disapproval in whole or in part of its application to the Mayor, or his designee.

2609.2 Within forty-five (45) days after receiving the appeal, the Mayor, or his designee, shall take the following action:

(a) The Mayor, or his designee, shall reverse a disapproval of the Committee upon a finding that the Committee abused its discretion in disapproving the application in whole or in part; or

(b) The Mayor, or his designee, shall affirm the decision of the Committee upon a finding that the Committee did not abuse its discretion in disapproving the application in whole or in part.

2609.3 The applicant shall have no further right to appeal the disapproval in whole or in part of its application upon a finding by the Mayor, or his designee, that Committee did not abuse its discretion in disapproving the application in whole or in part.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2610 GRANT AWARD AGREEMENT

2610.1 Prior to, and as a condition of, a grant award, a potential recipient shall execute an agreement with Committee that shall ensure that the grant being awarded will be used for purposes consistent these regulations and the application upon which the grant was awarded.

2610.2 The grant agreement shall include, but not be limited to, the following:

(a) A covenant that provides for the recapture of grant funds upon a violation of the agreement;

(b) A covenant that provides for the return of any grant funds that are no longer used for a Qualified Credit Enhancement as provided in § 2606 of these regulations approved by the Superintendent; and

(c) Terms and conditions the Committee finds necessary to further the purposes of the District of Columbia Public Charter School Credit Enhancement Fund and for the benefit of public education in the District of Columbia.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-C DCMR § 2611 REPORTS

2611.1 A recipient of a grant under the Program shall provide a monthly report to the Committee beginning on the first day of the first full month after the date of the award of the grant. Subsequent monthly reports shall be filed on the first day of each month thereafter until the second month after the opening of the charter school(s) located in, or benefiting from, the project. The monthly report shall contain all information requested by the Committee, including but not limited to, the status of the project and the project financing.

2611.2 In addition to the report required pursuant to § 2611.1 of these regulations, a recipient of a grant under the Program shall file any other report required by the Committee, including, any information needed by the Committee to file its quarterly reports to the United States Congress.

History

SOURCE: Emergency Rulemaking published at 48 DCR 3900 (May 4, 2001) [EXPIRED]; as amended by Emergency Rulemaking published at 48 DCR 7782 (August 17, 2001) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 9815 (October 26, 2001).

5-D SCHOOL MAINTENANCE

5-D1 OFFICE OF PUBLIC EDUCATION FACILITIES MODERNIZATION PROCUREMENT RULES

5-D DCMR § 100 GENERAL

100.1 This chapter sets forth the procurement rules of the Office of Public Education Facilities Modernization authorized by Section 702(b) of the Office of Public Education Facilities Modernization Establishment Act of 2007, effective June 12, 2007 (D.C. Law 17-009; D.C. Official Code § 38-451(b)) (the “Act”). The Office is an agency within the executive branch of the District of Columbia government. Its general mission is to ensure that the public education facilities in the District of Columbia are modernized in a timely and cost effective manner. In accordance with the Act, the Office is exempt from the requirements of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), and has the authority to issue and implement its own procurement rules.

100.2 The Director of the Office is authorized to enter into contracts on behalf of the District of Columbia, acting by and through the Office, and may delegate that authority in accordance with these rules.

100.3 These procurement rules are for the benefit of the Office, and are not intended to confer any rights or benefits on third parties. The principal purposes of these rules are to ensure that the Office’s procurement activities:

(a) Are carried out in a fair and objective manner that promotes confidence in the Office’s integrity; and

(b) Produce reasonable value and reasonable results for the Office, as determined by its Director.

100.4 These rules are intended to encourage participation by Certified Business Enterprises (CBEs), in accordance with the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-133; D.C. Official Code § 2-218). The Office’s goals include expanding and retaining disadvantaged businesses located within the District.

100.5 The Director may waive the applicability of any provisions in these rules that are not specifically required by statute if the Director finds in writing that:

(a) Such waiver is in the best interest of the Office;

(b) Such waiver is not inconsistent with fair, competitive, and transparent procurement practices; and

(c) Such waiver is technical in nature and would not alter the substantive business terms of a procurement after proposals have been received.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11190 (November 26, 2010).

5-D DCMR § 101 APPLICABILITY

101.1 These rules apply to the procurement of goods or services, including construction services, by the Office:

(a) Whether through purchase or lease; and

(b) Whether the goods or services are already in existence or must be developed.

101.2 A procurement of goods or services does not include any goods or services that the Office may acquire as a gift, on a pro bono basis, or pursuant to agreements with any agency of the District or federal governments.

101.3 These rules do not apply to:

(a) The purchase or lease of real property by the Office;

(b) The disposition of real or personal property by the Office; or

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11191 (November 26, 2010).

5-D DCMR § 102 CHIEF CONTRACTING OFFICER

102.1 The Director shall serve as the Office’s Chief Contracting Officer (“CCO”). The CCO shall have overall responsibility for supervising the Office’s procurement activities and to award any contracts pursuant to these rules. The CCO shall have the authority to award any contract.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11192 (November 26, 2010).

5-D DCMR § 103 DELEGATION OF AUTHORITY TO CONTRACTING OFFICERS

103.1 The CCO may delegate his or her contracting authority to employees of the Office, or employees of the District of Columbia government acting on behalf of the Office, who shall be designated as Contracting Officers. Any such delegation shall be in writing and shall specify any limits on a Contracting Officer’s delegated authority (for example, limits on the dollar value of contracts the individual is authorized to award). In no case shall a Contracting Officer’s authority exceed the CCO’s authority.

103.2 In delegating his or her contracting authority, the CCO shall ensure that each delegated Contracting Officer has the experience, knowledge, and judgment necessary to fulfill the duties of a Contracting Officer, including a solid understanding of the Office’s procurement rules. Subject to compliance with these rules, Contracting Officers have wide latitude to exercise business judgment in conducting procurements. Consequently, the ability to exercise that discretion wisely and responsibly is an important job qualification. In addition, the CCO shall ensure that Contracting Officers periodically receive training to strengthen and update their skills and knowledge concerning procurement matters.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11192 (November 26, 2010).

5-D DCMR § 104 AUTHORITY AND DUTIES OF CONTRACTING OFFICER

104.1 Only the CCO or a Contracting Officer shall have the authority to award, modify, or terminate contracts; provided, however, that prior to terminating any contract, the Contracting Officer shall first obtain the approval of the CCO. As necessary or appropriate in exercising his or her authority, a Contracting Officer shall request and consider the advice of specialists in auditing, law, technical disciplines, and other relevant fields.

104.2 A Contracting Officer for a particular procurement shall be responsible for:

(a) Making any determination or findings that may be required in connection with that procurement;

(b) Ensuring that all statutory and regulatory requirements that apply to the procurement have been identified and observed;

(d) Maintaining the contract file, which serves as the repository for all required documentation concerning the procurement and any resulting contracts; and

(e) Ensuring that all offerors participating in a procurement receive fair and impartial treatment.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11192 (November 26, 2010).

5-D DCMR § 105 CONTRACTOR QUALIFICATION REQUIREMENTS

105.1 (a) To be eligible to receive a contract from the Office, a prospective contractor must satisfy two (2) basic qualification requirements. Specifically, the prospective contractor must:

(1) Be responsible; and

(2) Not be disqualified on the basis of conflicts of interest (either personal or organizational) or related ethical concerns.

(b) The issues of responsibility and conflicts of interests/disqualification are addressed in Sections 106 and 107, respectively.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11193 (November 26, 2010).

5-D DCMR § 106 RESPONSIBILITY

106.1 To receive a contract from the Office, a contractor must be responsible. To be considered responsible, a contractor must:

(a) Have (or can obtain) the financial, technical, and organizational skills and resources, and the facilities and equipment, necessary to perform the contract in accordance with its terms;

(b) Have a satisfactory performance record;

(c) Have not been suspended, debarred, or otherwise ineligible to receive contracts from the District Government or the Federal Government;

(d) Meet any other qualification criteria that may be imposed by applicable laws or regulations; and

(e) Provide adequate evidence that it has paid and filed all applicable District of Columbia taxes and tax returns.

106.2 The Contracting Officer shall make a written determination if the contractor is found to be non-responsible. Depending on the level of formality of the contract and at the Contracting Officer’s discretion, the Contracting Officer may make a written determination if the contractor is found to be responsible.

106.3 In evaluating a prospective contractor’s responsibility, a Contracting Officer may request information from the contractor and may also consider information available from other sources. Where necessary, the Contracting Officer may also perform a pre-award survey involving interviews with contractor personnel or visits to the contractor’s facilities. Information on the capabilities and suitability of proposed subcontractors also may be considered in evaluating responsibility.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11193 (November 26, 2010).

5-D DCMR § 107 ORGANIZATIONAL CONFLICTS OF INTEREST; DISQUALIFICATION

107.1 The Office intends to avoid even the appearance of conflict of interest or impropriety in connection with its procurement activities. Thus, even if a prospective contractor is determined to be responsible, the CCO has the discretion to disqualify the contractor (or to take other appropriate measures) based on a conflict of interest or another ethical consideration.

107.2 If the CCO determines that there is a conflict of interest, the appearance of a conflict of interest, or another ethical consideration, the CCO may:

(a) Disqualify a contractor at any point during a procurement;

(b) Rescind or terminate a contract subsequent to contract award; or

(c) Take other appropriate corrective measures, such as canceling a pending solicitation and initiating a new procurement; provided, however, that prior to taking any such action, the Contracting Officer shall first obtain the approval of the CCO.

107.3 A determination by the CCO to take a corrective measure described in subsection 107.2 shall be made in writing and included in the contract file.

107.4 The ethical considerations that may authorize disqualification or another corrective measure go beyond a violation of the ethics and conflict of interest rules of the Office and the prospective contractor, if any. The CCO may properly take corrective measures whenever necessary or prudent to avoid the appearance of impropriety or otherwise eliminate doubts about the integrity and fairness of a procurement. For example, situations in which corrective measures might be warranted include (but are not limited to):

(a) Cases where a director or employee of the Office involved in a procurement had a relationship with a contractor that fell outside the Office’s recusal rules, but nonetheless raised questions about the procurement’s integrity;

(b) Cases where a prospective contractor received preferential treatment in relation to its competitors;

(c) Cases where a prospective contractor hired a former employee of the Office who was privy to non-public information about the procurement, and involved that individual in its proposal preparation efforts; or

(d) Cases where there is clear evidence suggesting collusive bidding or similar anti-competitive practices by prospective contractors.

107.5 “Organizational conflicts of interest” also may warrant disqualification or other corrective measures. Organizational conflict of interest means a situation in which a contractor:

(a) May be unable to render impartial and objective assistance or advice to the Office; or

(b) May have an unfair advantage over potential competitors.

107.6 Organizational conflicts of interests can arise in a variety of circumstances. For example, a contractor that develops the technical specifications for an item that will be the subject of a future procurement may have an incentive to develop specifications favoring its own products unless it is barred from participating in the future procurement. Another example is a case where a contractor performs services for the Office that require access to non-public information (for example, proprietary data of other companies) and could therefore gain an unfair advantage over competitors in future procurements.

107.7 A number of measures may be appropriate for eliminating or mitigating organizational conflicts of interest, and the CCO has broad discretion to select the approach that is most suitable in any particular case. For example, a contract to assist the Office in developing requirements for a future procurement ordinarily should include a clause prohibiting the contractor from participating in the future procurement. A contract in which the contractor gains access to proprietary information of other companies (or non-public information on the Office’s procurement plans) should include an appropriate clause that prevents the contractor from using such information in any manner that might give it an unfair advantage.

107.8 In each case, the mechanism adopted to address an organizational conflict of interest should be designed to prevent:

(a) The existence of conflicting roles that might bias a contractor’s judgment; and

(b) An unfair competitive advantage.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11194 (November 26, 2010).

5-D DCMR § 108 MARKET RESEARCH

108.1 Before issuing a solicitation or making a purchase, the Office shall:

(a) Estimate the likely cost of the proposed procurement and ensure that adequate funds are available; and

(b) Conduct appropriate market research.

108.2 Market research is designed primarily to familiarize the Office with the market for the goods or services it seeks to acquire in order to develop an appropriate strategy for conducting a prompt and efficient procurement that promotes reasonable competition between qualified firms. The extent of market research will vary depending on factors such as urgency, the size and complexity of the proposed procurement, and the Office’s existing knowledge of the market based on its (or its key personnel’s) past experience in procuring similar goods or services.

108.3 Market research, to the extent it is relevant to the particular procurement and not already known to the Office, generally should focus on obtaining information such as the following:

(a) Customary practices in the relevant market;

(b) The prospective sources that may be able to supply the goods or services;

(d) The benchmarks available to evaluate the likely cost of the procurement and the reasonableness of prices or costs proposed by prospective contractors; and

(e) The requirements of any laws or regulations unique to the procurement.

108.4 In conducting market research, the Office may solicit information from prospective sources on matters such as their interest in the potential procurement, the characteristics and costs of their products or services, their customary practices, and their knowledge of the industry generally. Such information may be solicited by requesting interested parties to submit written information (for example, by posting a notice on the Internet seeking information pertinent to the proposed procurement), through meetings or telephone contacts, by distributing and seeking comments on a draft solicitation, or through other prudent means.

108.5 In addition to soliciting information from prospective contractors, the Office may also obtain information from other sources. For example, price information that can assist in estimating the likely cost of a procurement and in evaluating price reasonableness is frequently available from sources such as catalogs, Internet sites, or records of past procurements, and the Office may obtain information from these sources.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11196 (November 26, 2010).

5-D DCMR § 109 PREPARING SOLICITATIONS

109.1 Following the conduct of market research, the Contracting Officer shall make a determination as to which procurement method identified in these regulations is most beneficial to the Office. The Office will ordinarily prepare a solicitation requesting responses; however, the Office may determine to purchase the required goods or services through its small purchase procedures or from a federal or District supply schedule contract.

109.2 When the Office issues a solicitation, its length and contents will depend on factors such as the size of the procurement, the nature and complexity of the goods or services, the contracting procedure to be used, and the contract type. In general, however, a solicitation should clearly describe the Office’s needs (for example, by providing a statement of work outlining the type of services required or information specifying product characteristics or capabilities) and its evaluation criteria.

109.3 In preparing a solicitation, the Office should seek to enhance competition by carefully scrutinizing and eliminating, to the extent possible, any unnecessary requirements that may restrict the number of prospective sources or the range of goods or services they can offer. Such provisions may include, for example, technical specifications that unnecessarily limit the competitive field, unnecessarily aggressive delivery schedules, or burdensome terms and conditions that might deter smaller companies from competing.

109.4 The Office may issue solicitations in paper form or electronically. The Office may also use oral solicitations where efficient and practical (for example, where the procurement does not involve extensive specifications, detailed evaluation criteria, or numerous line items). Oral solicitations shall not be used for contracts that have an estimated value in excess of twenty-five thousand dollars ($25,000).

109.5 The Office may cancel a solicitation or reject all bids or proposals received at any time before the contract award when cancellation is in the Office’s best interests.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11197 (November 26, 2010).

5-D DCMR § 110 PUBLICIZING PROCUREMENT OPPORTUNITIES

110.1 The Office may use a variety of methods to publicize a procurement. The specific method or methods used should be tailored to the particular procurement, taking into account factors such as the size of the procurement, the type of goods or services sought, the urgency associated with the requirement, and the most efficient means of disseminating information in the relevant market. The methods available to publicize procurement opportunities offered by the Office include print advertising, Internet notices, developing source lists of qualified firms known to supply particular categories of goods or services, soliciting specific sources through written notices or telephone contacts, and holding pre-bid or pre-proposal conferences.

110.2 The Office shall use its best efforts to provide (either electronically or in a paper format) a copy of solicitations to CBEs which the Office is aware may be capable of providing some or all of the services or goods required by a solicitation. The Office shall use its best efforts to provide a copy of all solicitations (other than solicitations issued through its small purchase procedures) to CBE firms listed on the Department of Small and Local Business Development’s website that may be capable of providing some or all of the services or goods required by a solicitation. The Office shall also conduct outreach and provide information to CBEs on at least an annual basis.

110.3 In addition to publication or other method of publicizing the procurement opportunity described in Section 110.1, unless otherwise specified in this chapter, the Office shall also compile a list of at least three (3) vendors that the Office reasonably believes are qualified to provide the services or goods specified in a solicitation and shall provide those vendors with a copy of the solicitation. If the Office is unable to locate at least three (3) potential vendors, the Office shall provide the solicitation to as many vendors as it can reasonably identify.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11198 (November 26, 2010).

5-D DCMR § 111 CONTRACT TYPES

111.1 The type of contract awarded by the Office will generally depend on factors such as the particular goods or services to be acquired, whether the costs of the goods or services can be estimated in advance with reasonable accuracy, and the degree to which the precise nature and extent of the contract work is known at the time of award.

111.2 The Office may use a variety of contract types, including:

(a) Fixed price contracts (fixed price contracts will generally be used in connection with the Design-Bid-Build delivery method pursuant to Section 114.3(a), purchases of discrete and identifiable goods or assets, and for other appropriate purchases);

(b) Cost reimbursement contracts (cost reimbursement contracts will generally be used in connection with the Construction Manager at Risk, Construction Manager with Design Assist, Design Build; and Modified Design-Build delivery methods pursuant to Section 114.3(b)-(e) and for other appropriate purchases) ;

(d) Time-and-materials or labor hours contracts.

111.3 The Office may also award any alternative type of contract that will produce reasonable value in the context of a particular procurement. However, the Office may not award cost-plus-percentage-of-cost contracts

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11198 (November 26, 2010).

5-D DCMR § 112 FIXED-PRICE CONTRACTS

112.1 Fixed price contracts include several variants:

(a) Firm, fixed price contracts;

(b) Fixed price contracts with economic price adjustment; and

112.2 Unlike cost reimbursement contracts, any type of fixed price contract obligates the contractor to complete the contractually-specified work for a fixed price.

112.3 A firm fixed price contract provides for a price that is not subject to adjustment, except in the event of a change to the contract work.

112.4 A fixed price contract with economic price adjustment provides for an upward or downward adjustment in the stated contract price based on changes in certain benchmarks specifically identified in the contract (for example, catalog prices or the producer price index for a particular commodity), subject to a ceiling on upward adjustments.

112.5 A fixed price incentive contract generally provides for establishing a final price by applying a formula based on the relationship between the total cost actually incurred by the contractor and a total target cost. A fixed price incentive contract results in the parties sharing in the cost savings or increases associated with differences between the actual and target cost. These contracts also can include incentive formulas based on the contractor’s schedule or technical performance.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11199 (November 26, 2010).

5-D DCMR § 113 COST REIMBURSEMENT CONTRACTS

113.1 Cost reimbursement contracts provide for the contractor to recover the reimbursable costs it incurs in contract performance, plus a fee (that is, a profit).

113.2 A reimbursable cost must be:

(a) Reasonable in nature and amount;

(b) Properly allocable to the contract;

(d) Not identified as nonreimbursable under the terms of the particular contract.

113.3 To ensure that the Office’s payment obligations are not open-ended, a cost reimbursement contract must specify an estimated total cost that the contractor cannot exceed (the “not-to-exceed limit”), except at its own risk, without the Contracting Officer’s written approval. Because the contractor can cease performance once it reaches the estimated total cost (unless the Contracting Officer approves an increase), it is not obligated to complete the contract work unless it can do so within the not-to-exceed limit.

113.4 Cost reimbursement contracts can take three (3) forms:

(a) Cost-plus-fixed-fee;

(b) Cost-plus-incentive-fee; and

113.5 The differences between the types of cost reimbursement contracts listed in Section 113.4 relate to the manner in which the contractor’s fee is determined.

113.6 A cost-plus-fixed-fee contract provides for a fee that is fixed at the contract’s inception and is not subject to adjustment unless the contract is modified to change the contract work.

113.7 A cost-plus-incentive-fee contract provides for a fee that generally is determined by applying a formula based on the relationship between the contractor’s total reimbursable cost and a total target cost, subject to a specified minimum and maximum. These contracts also can include incentive formulas based on the contractor’s schedule or technical performance.

113.8 A cost-plus-award-fee contract provides for:

(a) A base fee fixed at the contract’s inception; and

(b) An award fee that the contractor may earn (in whole or in part) during performance, which is designed to motivate superior performance.

113.9 The award fee in a cost-plus-award-fee contract is determined unilaterally by the Office, based on its judgment and evaluation of how well the contractor has performed in relation to the award fee criteria identified in the contract. In no event shall the total award fee available to the contractor exceed ten percent (10%).

113.10 In appropriate circumstances, the Office may include a guaranteed maximum price (“GMP”) in a cost reimbursement contract. A GMP differs from a not-to-exceed amount in that a contractor is required to complete performance of the base scope of work required under the contract for an amount that does not exceed the GMP. Under such an approach, if the total cost exceeds the GMP, the contractor shall be required to complete performance of the base scope of work at its own cost and expense.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11200 (November 26, 2010).

5-D DCMR § 114 PROJECT DELIVERY METHODS

114.1 Within the contract types described in Sections 111 through 113, the Office may adopt a number of project delivery methods, including Design-Bid-Build, Construction Manager at Risk, Construction Manager with Design Assist, Design-Build, Modified Design-Build, and other methods that are in the District’s best interest.

114.2 As part of the procurement planning process, the Office will determine the most appropriate delivery method for the project based on, among other considerations, the scope of work, existing building conditions, project delivery schedule, existing market conditions, and other relevant considerations.

114.3 The general types of delivery methods include:

(a) Design-Bid-Build: Under this delivery method, the Office retains an architect to design the project. Once the design is complete, the drawings are put out to bid. This delivery method results in a fixed price (or lump sum) type contract.

(b) Construction Manager at Risk: Under this delivery method, the Office will retain an architect to design the project. However, shortly after the design begins, the Office will engage a contractor to act as a construction manager. Typically, the contractor’s work is divided into two (2) phases. During the first, or preconstruction, phase, the builder will work with the architect to ensure that the design is constructible, properly coordinated, and affordable. During the second, or construction, phase, the contractor is required to construct the project. At this point, the contractor may be required to provide the Office with a guaranteed maximum price. In order to ensure that costs are properly controlled, the Office requires that the contractor bid its fee upfront and that all of the major trade packages be competitively bid by the contractor.

(c) Construction Manager with Design Assist: Under this delivery method, the Office conducts the project in a manner similar to the Construction Manager at Risk approach. However, in the Construction Manger with Design Assist approach, a portion of the design work — typically the mechanical, electrical and plumbing systems — is managed by the contractor.

(d) Design-Build: Under this approach, the Office retains a single entity to be responsible for the design and construction activities. Work under the Design-Build approach is typically divided into two (2) phases: preconstruction and construction. The contractor is required to bid its fees upfront and all of the major trade packages must be competitively bid as well.

(e) Modified Design-Build: Under this approach, the Office uses a bridging methodology where it will engage an architect during the early stages of the project (referred to as design development) and then assign the architect’s contract to the contractor at the appropriate stage of the project. The remainder of the project then proceeds under the Design-Build approach.

114.4 The Office may combine aspects of the methods listed in Section 114.3 or alter aspects of these methods if doing so is in the best interest of the District

114.5 Contractors, including architects, construction managers, and design builders, required to facilitate these delivery methods shall be selected in accordance with the contracting procedures in Sections 117 through 122.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11201 (November 26, 2010).

5-D DCMR § 115 BASIC ORDERING AGREEMENTS

115.1 Under basic ordering agreements (also known as task order contracts or term contracts), the contractor’s performance obligations are triggered when the Office subsequently issues task orders pursuant to the contract.

115.2 Basic ordering agreements include:

(a) Requirements contracts; and

(b) Indefinite quantities contracts.

115.3 A requirement contract provides the mechanism for the Office to order from the contractor all of its requirements for designated supplies or services during a specified period (subject to any maximum ordering limitation in the contract). This type of contract should only be used when the Office determines that a requirement contract will provide superior economic benefits to an indefinite quantity contract as it locks the Office into one (1) source of supply for the goods or services required under the basic ordering agreement. A requirements contract must be approved by the CCO in addition to the contracting officer.

115.4 An indefinite quantity contract provides for an indefinite quantity, within specified limits, of supplies or services to be furnished during a fixed period.

115.5 An indefinite quantity contract:

(a) Requires the Office to order and the contractor to deliver at least the stated minimum quantity of supplies or services; and

(b) Requires the contractor to deliver any additional quantities the Office may order during the contract period (subject to any maximum quantity limitations in the contract).

115.6 The Office may award a single indefinite quantity contract for particular goods or services, or may award multiple contracts and choose between the selected contractors in awarding subsequent delivery orders.

115.7 If an indefinite quantity contract is used, the Office shall establish, at the time the basic ordering agreements are awarded, a procedure by which work will be awarded under the basic ordering agreements (“award procedure”).

115.8 Generally, one (1) of the following two (2) award procedures shall be used:

(a) The rotating award procedure, where work is assigned on a rotation basis (that is, the first task order is given to Contractor A, the second task order to Contractor B, etc.); or

(b) The competitive award procedure, where the Office requests task order proposals from two (2) or more contractors holding an indefinite delivery contract.

115.9 The competitive award procedure is preferred.

115.10 If the competitive award procedure is used, each task order request shall specify:

(a) The specific goods or services required;

(b) A delivery date; and

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11203 (November 26, 2010).

5-D DCMR § 116 TIME AND MATERIALS CONTRACTS AND LABOR HOURS CONTRACTS

116.1 Time-and-materials contracts provide for acquiring supplies or services on the basis of:

(a) Direct labor hours charged at fixed hourly rates that include overhead and profit; and

(b) Materials (which may be charged either at their actual cost or at fixed unit prices).

116.2 A labor hours contract is a time-and-materials contract that does not involve materials. Both types of contracts should specify a ceiling price.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11204 (November 26, 2010).

5-D DCMR § 117 CONTRACTING PROCEDURES GENERALLY

117.1 Every procurement by the Office shall be conducted in accordance with competitive contracting procedures, suitable to the specific procurement, that produce reasonable value and reasonable results.

117.2 The contracting procedures the Office may include, but are not limited to, the procedures described in Sections 118 through 122.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11204 (November 26, 2010).

5-D DCMR § 118 SOLE SOURCE CONTRACTS

118.1 The Contracting Officer may award contracts on a sole-source basis only if:

(a) The goods or services sought by the Office are available from only one (1) responsible source; or

(b) Emergency circumstances beyond the Office’s control require an immediate award.

118.2 Prior to entering into a sole-source contract, the CCO shall first certify that the requirement of Section 118.1 has been satisfied.

118.3 If the requirement of Section 118.1 has not been met, the Office shall adopt a competitive procurement strategy in which it evaluates bids or proposals from any source that wishes to compete or from a reasonable number of qualified sources.

118.4 If the Contracting Officer makes a determination pursuant to Section 118.1 that a sole source procurement is necessary to meet an essential requirement of the Office, the Contracting Officer shall document such determination in writing and may procure goods, services, or construction without regard to the procedures set forth in Sections 119, 120, 121 and 122. In all other cases, the Contracting Officer shall use the procedures specified in Sections 119, 120, 121 or 122.

118.5 A written determination by the Contracting Officer supporting a single available source procurement pursuant to Section 118.1(a) shall include:

(a) A description of the nature of the goods or services; and

(b) An explanation of why the goods or services are available from a single source.

118.6 A written determination by the Contracting Officer supporting an emergency procurement pursuant to Section 118.1(b) shall include:

(a) A finding that circumstances which were not reasonably foreseeable by the Office have created a need for goods, services, or construction which, if not immediately filled, will endanger the continuation of an essential function of the Office;

(b) A description of steps taken to solicit bids or proposals from as many potential competitors as possible under the emergency condition; and

118.7 The Contracting Officer shall not make a procurement under this section to meet a continuing need of the Office beyond what is necessary to meet the emergency condition.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11205 (November 26, 2010).

5-D DCMR § 119 SEALED BIDDING

119.1 The solicitation used to initiate a procurement conducted by sealed bidding is known as an Invitation for Bids (“IFB”).

119.2 If the Office issues an IFB, the Office shall allow prospective bidders a reasonable time to prepare and submit bids. Except in the event of an emergency, this time period shall be no less than ten (10) business days.

119.3 The evaluation factors used in sealed bid procurements are limited to price and price-related factors (including price evaluation preferences for CBEs).

119.4 The IFB shall specify:

(a) Any information necessary to explain how the Office will evaluate price (for example, whether option prices will be evaluated);

(b) Any price-related factors that will be evaluated and their relative importance in the overall evaluation scheme;

(d) The contract delivery schedule;

(e) A description of any special qualification requirements the contractor must satisfy;

(f) Instructions for submitting bids (including the deadline for bid submission, the method(s) for submitting bids, any representations or certifications bidders must submit, and any requirements for the submission of items such as bid samples, subcontracting plans, or payment or performance bond);

(g) The period during which bids must remain open for acceptance; and

(h) The contract’s terms and conditions.

119.5 Any changes in the information set forth in an IFB must be made by an amendment to the IFB.

119.6 Bids shall be submitted by a method specifically permitted by the IFB (for example, hand delivery, mailing, electronic transmission, or fax).

119.7 A bid may be withdrawn or modified at any time before bid opening by any of the methods permitted for submitting bids.

119.8 A late bid (or late modification or withdrawal) shall not be considered, except that the Office may accept a late modification to an otherwise successful bid that makes the bid more favorable to the Office. A late bid is any bid received after the bid date, unless such delay is caused by the Office.

119.9 The Contracting Officer shall prepare and maintain in the contract file an abstract listing the bid prices.

119.10 The contract shall be awarded to the qualified bidder whose bid is responsive to the IFB and is most advantageous to the Office considering only price and the price-related evaluation factors identified in the IFB.

119.11 To be considered responsive, a bid must comply in all material respects with the IFB. Responsiveness involves matters that relate to the bid itself as opposed to the responsibility or other qualifications of the bidder. In determining whether a bid is responsive, the Contracting Officer has the discretion to permit correction of minor informalities or irregularities.

119.12 The Contracting Officer shall endeavor to include with every IFB solicitation the form of the contract that the contractor will be required to enter into. To the greatest extent possible, the Office should endeavor to provide clear, concise contract documents. Contracts which consist of the solicitation, the proposal, and other documents attached together but not integrated into a single contract document are discouraged

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11206 (November 26, 2010).

5-D DCMR § 120 COMPETITIVE NEGOTIATION

120.1 The solicitation used to initiate a procurement conducted by competitive negotiation is known as a Request for Proposals (“RFP”).

120.2 If the Office issues and RFP, the Office shall establish a reasonable deadline for offerors’ submission of initial proposals.

120.3 The evaluation criteria used in procurements conducted by competitive negotiation include price or cost (including, but not limited to, hourly rates for services and fixed fees for cost reimbursement contracts) along with any other factors appropriate to the particular procurement (for example, the offeror’s technical approach, past performance, or status as a CBE or plans for subcontracting with such enterprises).

120.4 The RFP may, if the Office deems it advisable, contain either an estimate that generally describes the price range contemplated by the Office or a funding limitation for the procurement.

120.5 The RFP shall specify all evaluation factors and their relative importance. The RFP should also include:

(a) A description of the goods, services, or scope of construction work sought (including quantity or estimated quantity);

(b) The contract delivery schedule (including any permitted variations in the delivery schedule);

(d) Instructions for submitting proposals including: the deadline for proposal submission, the method(s) for submitting proposals, the information to be provided in the proposal (including any requirements for past performance information or for subcontracting plans), and any representations or certifications the offeror must submit;

(e) The period during which proposals must remain open for acceptance; and

(f) The anticipated contract terms and conditions and the extent to which they are negotiable.

120.6 Any changes in the information set forth in an RFP must be made by an amendment to the RFP. Amendments shall be made no less than three (3) business days before the proposal submission date specified by the RFP.

120.7 Proposals shall be submitted by a method specifically permitted by the RFP.

120.8 The Office shall evaluate proposals based solely on the evaluation criteria specified in the RFP. Where past performance is an evaluation factor, the Office is not limited to considering only the information from references listed by the offeror.

120.9 After initial proposals have been evaluated, the Contracting Officer may:

(a) Make an award based on initial proposals; or

(b) Establish a competitive range consisting of those proposals that remain under consideration (or a single proposal that remains under consideration) and initiate discussions with competitive range offerors. A competitive range shall include all proposals that, in the Contracting Officer’s judgment (erring on the side of the offeror), could be awarded the procurement.

120.10 Discussions with offerors may be written (including electronic) or oral. The primary objective of discussions is to maximize the Office’s ability to obtain the best value based on the evaluation factors set forth in the RFP. The scope and extent of discussions are a matter of Contracting Officer judgment.

120.11 At the conclusion of discussions, the Contracting Officer shall request that all offerors that still remain under consideration submit best and final offers by a common cut-off date.

120.12 The contract shall be awarded to the qualified offeror whose offer is most advantageous to the Office under the RFP’s evaluation criteria.

120.13 The Contracting Officer shall prepare documentation explaining the basis for the contract award decision which shall be maintained in the contract file.

120.14 The Contracting Officer shall endeavor to include with every RFP solicitation the form of the contract that the contractor will be required to enter into. To the greatest extent possible, the Office should endeavor to provide clear, concise contract documents. Contracts which consist of the solicitation, the proposal, and other documents attached together but not integrated into a single contract document are discouraged

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11207 (November 26, 2010).

5-D DCMR § 121 SIMPLIFIED CONTRACTING PROCEDURES

121.1 The basic purposes of simplified contracting procedures are to:

(a) Promote economy, efficiency, and innovation in contracting;

(b) Reduce administrative costs to the Office; and

(c) Avoid unnecessary burdens or complexities that could reduce competition, such as by deterring smaller contractors from participating in a procurement.

121.2 Simplified contracting procedures may be used only with contacts that have an estimated value equal to or less than five hundred thousand dollars ($500,000).

121.3 The Contracting Officer shall conduct simplified procurements in the manner that is most suitable, efficient, and economical based on the circumstances of each acquisition. As appropriate, the Contracting Officer may elect to use or adapt procedures that are part of the sealed bidding or competitive negotiation process.

121.4 On a simplified procurement, the Contracting Officer shall:

(a) Promote competition to the extent practicable and efficient;

(b) Establish reasonable deadlines for the submission of responses to solicitations; and

121.5 If a contract that has an estimated value of more the twenty-five thousand dollars ($25,000) is procured through the simplified contracting procedures, the Office shall obtain written quotes from at least two (2) potential suppliers.

121.6 The Contracting Officer may solicit quotations orally in appropriate cases when doing so is practical and economical. When soliciting quotations orally, the Contracting Officer shall instruct suppliers to respond in writing.

121.7 An oral solicitation shall provide a clear description of the Office’s requirements (for example the type of goods or services sought, quantities, and schedule) and the basis on which the award will be made.

121.8 Written solicitations shall provide a complete statement of relevant information without being unnecessarily lengthy. A written solicitation should include the same information required in an oral solicitation, plus the following:

(a) Anticipated contract terms and conditions (and the extent to which they are negotiable);

(b) Applicable certifications or representations; and

121.9 The basis for award may be price or cost alone or price/cost and other factors. Solicitations are not required to state the relative importance assigned to each evaluation factor.

121.10 The price/cost and other terms of the award shall be set forth in a written contract or purchase order. The Contracting Officer shall include a statement in the contract file briefly explaining the basis for the award decision.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11209 (November 26, 2010).

5-D DCMR § 122 DC SUPPLY SCHEDULE; GSA SCHEDULES

122.1 The Office may purchase goods and services (but not construction or any other type of contract awarded on a cost reimbursement basis) from the DC Supply Schedules, the GSA Schedule, or Metropolitan Washington Council of Government Schedule.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11211 (November 26, 2010).

5-D DCMR § 123 THE CONTRACTING OFFICER’S RESPONSIBILITY FOR CONTRACT ADMINISTRATION

123.1 The Contracting Officer for a particular contract has overall responsibility for the contract’s administration. Among other things, this requires the Contracting Officer:

(a) To monitor whether goods or services are delivered or completed on schedule and conform to contract requirements;

(b) To ensure that any contractually required inspection or acceptance procedures are followed;

(d) To identify and attempt to resolve issues or problems that arise during contract performance.

123.2 The Contracting Officer is the only representative of the Office with the authority to take the following actions:

(a) Authorize contract payments;

(b) Exercise contract options;

(d) Modify the contract.

123.3 Prior to terminating a contract, the Contracting Officer shall first obtain the approval of the CCO.

123.4 No representative of the Office, including a Contracting Officer, shall:

(a) Act in a manner that misleads a contractor regarding the limits of his or her authority; or

(b) Direct or encourage a contractor to perform work that has not been properly authorized.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11211 (November 26, 2010).

5-D DCMR § 124 PAYMENT REQUESTS

124.1 Requests for payment must be submitted in writing by the contractor.

124.2 Contractor payment requests shall:

(a) Certify that the contractor is entitled to payment in the requested amount; and

(b) Include or attach any information necessary to demonstrate entitlement to the requested payment under the contract’s terms.

124.3 Depending on the contract’s payment provisions, a payment request may consist of, for example, a statement that specified work has been completed in a satisfactory manner, documentation showing that contract deliverables have been accepted by the Office, or information detailing the reimbursable costs incurred by the contractor.

124.4 Payment shall not be made unless authorized by the Contracting Officer. A Contracting Officer’s payment authorization shall not preclude the Office from seeking repayment (or pursuing other remedies) if it subsequently concludes that the contractor was overpaid or otherwise mispaid.

124.5 In addition to the Contracting Officer’s payment authorization, all payment requests must be certified and approved by the Office’s Chief Financial Officer (or his or her designee) prior to making any payment.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11212 (November 26, 2010).

5-D DCMR § 125 EXERCISING CONTRACT OPTIONS

125.1 The Contracting Officer may exercise a contract option upon determining that:

(a) Funds are available and authorized for this purpose;

(b) The goods or services covered by the option fulfill an existing need; and

125.2 The determination to exercise a contract option shall be in writing and shall be included in the contract file.

125.3 To exercise an option over one hundred thousand dollars ($100,000) the Contracting Officer must first obtain the approval of the CCO.

125.4 In addition to the approval of the CCO (if applicable), prior to exercising any option, the approval of the Office’s Chief Financial Officer shall be obtained as to whether funds are available for the exercise of the option.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11212 (November 26, 2010).

5-D DCMR § 126 CONTRACT MODIFICATIONS

126.1 The Contracting Officer may modify a contract subject to the provisions of this section.

126.2 A modification must be within the general scope of the original contract. Any requirement for extra work that goes beyond the contract’s general scope shall be the subject of a new procurement.

126.3 A contract modification in excess of one hundred thousand dollars ($100,000) shall be approved by the CCO.

126.4 A contract modification may be effected:

(a) By a bilateral agreement executed by the Contracting Officer and an authorized representative of the contractor; or

(b) By the Contracting Officer’s issuance of a written change order, when the contract includes a changes clause permitting the Office to make unilateral changes in the contract work. Under such a clause, the contractor is obligated to perform in accordance with a change order issued by the Contracting Officer, and the contract price is adjusted to reflect the increase or decease in costs caused by the change.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11213 (November 26, 2010).

5-D DCMR § 127 CONTRACT TERMINATION

127.1 All contracts awarded by the Office shall include “Termination for Default” and “Termination for Convenience” clauses specifically defining the Office’s termination rights.

127.2 When exercising the Office’s rights under a termination clause in the contract, the Contracting Officer shall provide the contractor with a written notice specifying:

(a) Whether the termination is for default or for convenience;

(b) The effective date of the termination;

(d) Any special instructions that apply to the termination (for example, instructions concerning the disposition of contract inventory).

127.3 After terminating a contract for convenience, the Contracting Officer shall request a settlement proposal from the contractor and shall attempt to negotiate a settlement that resolves all of the parties’ rights and liabilities (except those arising from any portion of the contract still in effect). If the parties negotiate a settlement, the Contracting Officer shall prepare a memorandum describing the principal elements of the settlement and shall include the memorandum in the contract file.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11214 (November 26, 2010).

5-D DCMR § 128 CONTRACT DOCUMENTATION

128.1 The Contracting Officer is responsible for maintaining documentation regarding the contract and the procurement.

128.2 The contract file shall include:

(a) The solicitation and any amendments;

(b) The contract and any modifications;

(c) Any type of documentation that is specifically required to be maintained in the contract file by other sections of this chapter; and

(d) Any other documentation that may be necessary to memorialize important decisions or events relating to the procurement or the contract.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11214 (November 26, 2010).

5-D DCMR § 129 TRANSFER OF CONTRACTS

129.1 Contracts or pending procurements related to facilities maintenance and/or capital projects held by other District agencies may be assigned to the Office in accordance with the provisions of this section.

129.2 The CCO shall review the proposed procurement or contract and determine whether it is in the best interest of the Office to accept the assignment of the procurement or contract or to terminate the procurement or contract.

129.3 If the Office determines it is in its best interest to accept the assignment of a contract or procurement, the Office shall have the authority to modify the contract or procurement so as to conform with the best practices and procedures employed by the Office on its own procurements.

129.4 Assignment of contracts or procurements to the Office shall not confer on the Office any authority not otherwise granted to it by law or regulation. Acceptance of an assignment by the Office shall be predicated on the Office’s statutory authority to conduct the work contemplated by the assigned contract or procurement.

129.5 Assignment of a contract or procurement shall not operate to transfer funds to support the assigned contract or procurement. Funds shall be transferred pursuant to an intra-District memorandum of understanding, reprogramming, or other appropriate process.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11214 (November 26, 2010).

5-D DCMR § 130 DISPUTES

130.1 Each contract entered into by the Office shall include a disputes clause which sets forth the procedures by which disputes shall be resolved.

130.2 The disputes clause may, if the Contracting Officer determines it to be in the best interest of the Office, provide for the resolution of disputes through binding arbitration within the District of Columbia.

130.3 Any judicial review of any dispute shall be in the Superior Court of the District of Columbia pursuant to D.C. Official Code § 11-921.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11215 (November 26, 2010).

5-D DCMR § 131 PROTESTS

131.1 All protests to the award of a contract by the Office shall be resolved in accordance with this section.

131.2 A protest shall be submitted to the Contracting Officer in writing.

131.3 A protest shall include:

(a) The name of the protestor;

(b) The name of the protestor’s counsel or other representative;

(d) A description of the relief requested.

131.4 The Contracting Officer shall promptly issue a decision with regard to a protest.

131.5 If the Contracting Officer is someone other than the Director, the protestor may appeal the Contracting Officer’s decision to the Director.

131.6 An appeal of the Contracting Officer’s decision shall be submitted to the Director within three (3) business day after the protestor receives the Contracting Officer’s decision.

131.7 The decision of the Director shall be the Office’s final decision with regard to the protest.

131.8 (a) A protests must be filed within the timeframes established in this subsection to be considered by the Office.

(b) A protest that is not filed within these timelines will not be considered by the Office, and the protestor shall be deemed to have waived the right to protest.

(c) A protest that is based on the language or requirements of a solicitation or is otherwise based on facts which are apparent on the face of the solicitation shall be filed at least five (5) business days before the date proposals are due.

(d) A protest that is not based on the language or requirements of a solicitation or otherwise based on facts which are apparent on the face of a solicitation must be submitted within five (5) business days after the protestor knows or should have known of the facts that serve as the basis for the protest.

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11215 (November 26, 2010).

5-D DCMR § 132 APPLICABLE LAWS

132.1 The Office shall comply with the requirements related to multiyear contracts and contracts in excess of one million dollars ($1,000,000) as set forth in section 451 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.51); the law regarding Council review of multiyear contracts and contracts in excess of one million dollars ($1,000,000) as set forth in section 105a of the District of Columbia Procurement Practice Act of 1985, effective March 8, 1991 (D.C. Law 8-257; D.C. Official Code § 2-301.05a); the First Source Employment Agreement of 1984, effective June 29, 1984 (D.C. Law 5-93; D.C. Official Code § 2-219.01 et seq.); and the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.01 et seq.).

History

Source: Notice of Emergency and Proposed Rulemaking published at 57 DCR 8514 (September 17, 2010)[EXPIRED]; as amended by Notice of Final Rulemaking published at 57 DCR 11189, 11216 (November 26, 2010).

5-E ORIGINAL TITLE 5

5-E3 EDUCATIONAL AND OPERATING POLICIES

5-E DCMR § 300 GENERAL EDUCATIONAL POLICY

300.1 The public schools of the District of Columbia shall provide a viable and comprehensive system of free, publicly supported education for students from prekindergarten through high school.

300.2 The educational programs of the public schools shall be designed and implemented to provide an equal educational opportunity for all students to attain the knowledge, competencies, and skills that will enable each student to function as a useful citizen.

300.3 To provide an equal educational opportunity to all students, the Board of Education adopts the following specific goals and objectives:

(a) The promotion of a standard of excellence in achievement and endeavor through the establishment of an educational program designed to promote the attainment of knowledge, competencies, and skills;

(b) The promotion of a standard of excellence in achievement and endeavor through an instructional staff which meets high standards of preparation and performance;

(c) The establishment and implementation of a system for the continuous assessment and evaluation of the needs and achievements of students, teachers, administrators, individual schools and programs, and the educational support and management systems and personnel of the schools;

(d) The equitable distribution of available resources and services to all students;

(e) The attainment of full public support for the school system and its educational programs, including the provision of sufficient resources for the attainment of program goals and objectives;

(f) The promotion of greater public awareness of the goals, objectives, programs, services, policies, and operations of the public schools, including awareness of the results of continuous assessment and evaluation of the public school system; and

(g) The promotion of greater public involvement in the attainment of the goals and objectives of the public schools.

300.4 The Board of Education shall be directly accountable to the citizens of the District of Columbia for the provision of public elementary and secondary education and the operation of the public schools.

300.5 It shall be the responsibility of the citizens of the District of Columbia to provide the resources necessary for the attainment of the goals and objectives of the public schools. It shall be the responsibility of the Board of Education to utilize those resources efficiently in a manner that allows for the best possible system of public education for all students.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446; D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 24 DCR 3533 (November 4, 1977).

5-E DCMR § 301 DISTRIBUTION OF EDUCATIONAL RESOURCES

301.1 The Superintendent of Schools shall establish and implement a system for the allocation of resources throughout the school system which ensures the equitable distribution of available resources and services among all students.

301.2 The system for allocation of resources shall include provision for the following:

(a) A curriculum designed to promote the attainment of basic and essential knowledge, competencies, and skills that will enable each student to function as a useful citizen;

(b) Equal access of all students to the basic curricular offerings that constitute the requirements for program advancement and graduation;

(c) Equitable allocation of resources for supplemental curricular offerings and alternative educational programs beyond the basic and essential curriculum;

(d) Equal access of students who meet individual program eligibility requirements to specialized and alternative educational programs, regardless of the availability of those programs at any particular school;

(e) A program for the assignment of instructional staff designed to balance experience, training, and supplemental academic preparation;

(f) Equalization of personnel resources throughout the school system in each major division of the educational program on the basis of students enrolled per instructional staff member;

(g) Equalization of non-personnel resources throughout the school system in each major division of the educational program on the basis of annual expenditure per student for textbooks, library resources, and other instructional materials and supplies; and

(h) A system for monitoring and evaluating compliance with this section, and the publication of compliance data and information as part of a program of public accountability.

301.3 Local school decisions on supplemental or alternative programs and services shall be based upon the informed input of students, parents, and educators.

301.4 For purposes of this section, the term “major division of the educational program” shall mean the following divisions:

(a) Elementary, including kindergarten through sixth grade;

(b) Junior high school; and

301.5 For purposes of this section, the term “major division of the educational program” shall not include any of the following specific programs and services:

(a) Special Education, Career Development, or Adult Education;

(b) Positions funded by categorical federal grant funds;

(d) The Ellington School for the Arts, Capitol Page School, the School Without Walls, and Spingarn STAY.

301.6 For purposes of this section, the term “equalization” means that no school within any major division or subdivision of the educational program shall deviate by more than plus or minus five percent (5%) from the average of all schools in the same division or subdivision, except as provided otherwise in this section.

301.7 For purposes of this section, the term “student” shall be based on official membership, as determined by the Superintendent of Schools. Membership figures shall reflect “full-time equivalent” membership.

301.8 For purposes of this section, the term “instructional staff member” shall include the following:

(a) Elementary division: all teachers, including special subject teachers, ET-15 or the equivalent, whose employment status is permanent, probationary, probationary under contract, or temporary, and whose salary is paid from the general fund or from non- categorical grant funds; and

(b) Junior and senior high divisions: all teachers, principals, consultants or supervisors of instruction, librarians, guidance counselors, psychological personnel, aides, and other clerical or paraprofessional personnel employed to assist other instructional staff members directly in the provision of services to the classroom.

301.9 In those schools in the elementary division of the educational program which have a kindergarten through sixth grade student membership of less than two hundred fifty (250) students, the term “equalization” shall be modified to allow a deviation of plus ten percent (10%) from the average of all schools in the division when that term is applied to the pupil-teacher ratio, pursuant to the provisions of § 301.2(f).

301.10 The Superintendent of Schools may establish two (2) subdivisions within the junior high division and the senior high division of the education program. The purpose of the subdivisions shall be to provide for the comparison of schools of relatively comparable size.

301.11 If subdivisions are established, they shall include respectively the schools with larger enrollments and the schools with smaller enrollments. Where subdivisions are established, the provisions of this section shall apply to such subdivisions rather than to the division as a whole.

301.12 The provisions of this section shall be read and interpreted consistent with the provisions of all laws or applicable orders of a court of competent jurisdiction insofar as the laws or court orders apply to the equitable distribution of resources among the students of the public schools.

301.13 Notwithstanding the specific requirements of this section, if the Superintendent of Schools determines that conditions exist in a particular school which require the temporary assignment of particular personnel, the temporary assignment may be made by the Superintendent without regard to the limitations imposed by this section; provided, that all of the following requirements are met:

(a) The Superintendent shall inform the Board in writing of the proposed assignment(s), the particular conditions justifying the assignment(s), the manner in which the assignment(s) will be utilized to correct the conditions at the particular school, and the termination date of the assignment(s); and

(b) The assignment(s) by the Superintendent shall not be effective for more than one (1) school year at a time, but may be extended by informing the Board of Education.

History

SOURCE: Final Rulemaking published at 24 DCR 3533, 3535-37 (November 4, 1977).

5-E DCMR § 302 [RESERVED]

5-E DCMR § 303 [RESERVED]

5-E DCMR § 304 [RESERVED]

5-E DCMR § 305 SCHOOL CALENDAR

305.1 The school year shall commence on July 1st of each calendar year and shall end on June 30th in the following calendar year.

305.2 The Board of Education shall adopt a school calendar annually that will set the schedule for District of Columbia Public Schools two years in advance. The Board must approve the proposed multiyear school calendar no later than April 1st for the school year beginning in July two years hence.

305.3 The Board of Education shall approve the 2007-'08 and 2008-'09 school calendars by its June 2006 regular meeting. After Board approval of the 2007-'08 and 2008-'09 school calendars, calendar approval shall proceed in accordance with the provisions of § 305.2 and § 305.4.

305.4 The Superintendent of Schools shall make recommendations to the Board of Education annually on the specific contents of the school calendar two years in advance. The recommendations shall be made to the Board shall be made not later than February 1st of each year.

305.5 To provide greater planning flexibility, the Superintendent of Schools may submit for tentative Board approval recommendations for a proposed school calendar for an additional year beyond the requirements of § 305.4; provided, that final recommendations and approval of the school calendar shall proceed in accordance with the provisions of §§ 305.2 and 305.4.

305.6 The school calendar shall include provisions for the following, in accordance with the requirements of this section:

(a) Dates on which regular instructional day and evening sessions will be held;

(b) Dates on which the summer program will be held, if resources are provided;

(d) Dates on which school will be closed to students for holidays and vacations;

(e) Dates on which employees of the Board of Education will receive paid leave for holidays;

(f) The hours of operation of schools and programs on regular instructional days; and

(g) School closing make-up days.

305.7 [Repealed]

305.8 [Repealed]

305.9 Student lunch periods shall consist of a minimum of thirty (30) minutes and maximum of sixty (60) minutes.

305.10 Full-day staff development sessions may be scheduled on any dates when school is closed to students.

305.11 A maximum of two (2) half-day staff development sessions may be scheduled each semester; provided, that days when students attend school for less than a full regular instructional day shall count as a one-half (1/2) instructional day toward the minimum requirement set forth in § 305.6.

305.12 Parents and guardians shall be given a minimum of thirty (30) days notice of half-day sessions that are not included in the school calendar.

305.13 Holidays for students and employees of the Board of Education shall include all dates that are designated national holidays by law and holidays that are declared pursuant to the laws of the District of Columbia.

305.14 The school calendar shall also include a one (1) week winter vacation for students and a one (1) week spring vacation for students.

305.15 The school calendar may also include commemorative days that are scheduled for dates on which regular instructional days are held. Commemorative days may be designated to honor any person or emphasize any current or historical event. Provision shall be made to include emphasis on the subject of commemorative days in the curriculum or through other ceremonies or activities held during the regular instructional day.

305.16 Schools may be closed by order of the Superintendent of Schools due to adverse weather conditions or other emergency conditions affecting the health, safety, or welfare of students and employees.

History

SOURCE: Final Rulemaking published at 24 DCR 10190-91 (June 2, 1978); as amended by Final Rulemaking published at 53 DCR 4127 (May 19, 2006); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009).

5-E4 COMMUNITY INVOLVEMENT IN EDUCATION

5-E DCMR § 400 COMMUNITY MEETINGS OF THE BOARD OF EDUCATION

400.1 No later than its September regular meeting, the Board of Education shall establish a schedule of community meetings to be held throughout the city for the purpose of hearing persons who desire to address the Board.

400.2 The Board may call a special community meeting at anytime to hear from members of the public on any matter or on a particular matter required by the Board rules.

400.3 Community meetings held in a ward of the city shall be chaired by the ward representative or by a member of the Board designated by the ward representative.

400.4 Special community meetings shall be chaired by the Board member designated in the Board rules, the President of the Board, or a Board member designated by the President.

400.5 Members of the public shall be placed on the agenda of a community meeting by informing the Executive Secretary not less than twenty-four (24) hours prior to the meeting.

400.6 Speakers shall be called in the order in which they are placed on the agenda, except that residents of a particular ward shall be heard first at meetings designated as ward community meetings. Members of the audience who are not on the agenda, or DCPS employees or their representatives who are raising individual personnel matters not regarding matters of public policy, shall be heard after the completion of the agenda at the discretion of the chair.

400.7 Each speaker at a community meeting shall be limited to five (5) minutes for a presentation. Each speaker may be allowed additional time to respond to questions from members of the Board.

400.8 Rules of quorum shall not apply to community meetings.

400.9 If a special community meeting is called to hear from members of the public on a particular matter or matters, presentations shall be restricted to the items on the agenda.

400.10 Persons who represent the position of an organization or group of persons shall identify the organization or group and indicate their representative capacity when requesting to be placed on the agenda.

400.11 At least one (1) special community meeting each year shall be held to hear from students of the public schools. Students may address the Board at any community meeting.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 24 DCR 4631, 4643 (December 2, 1977); as amended by Final Rulemaking published at 35 DCR 9053 (December 30, 1988); and Final Rulemaking published at 41 DCR 1426 (March 18, 1994).

5-E DCMR § 401 NEIGHBORHOOD SCHOOL COUNCILS

401.1 The Superintendent shall direct the development and implementation of practices and programs that:

(a) welcome parent involvement at both the system-wide and local school levels, including local school governance councils;

(b) establish a climate that is conducive to open communication, mutual trust, and respect between parents and school district personnel at all levels of the system;

(d) include parent involvement outcomes in all staff evaluations, as appropriate.

401.2 The Superintendent shall ensure that the practices and programs at the local schools meet the following standards:

(a) Communication between home and school is regular, two-way, and meaningful;

(b) Parenting skills are promoted and supported;

(d) Parents are welcome in the school, and their support and assistance are sought;

(e) Parents are full partners in the educational decisions that affect children and families; and

(f) Community resources are used to strengthen school programs, family practices, and student learning.

401.3 The Superintendent shall develop procedures and programs to ensure that appropriate school system personnel receive the training in parent involvement required to implement this section.

401.4 The Superintendent shall develop programs, at local schools, with the support of parent and community organizations, for parents who need support in order to provide effective aid to their children.

401.5 The Superintendent shall ensure that these programs, at a minimum, have the following characteristics:

(a) Are comprehensive and coordinated;

(b) Are developed consistently with nationally recognized best practices and research on effective parent involvement;

(d) Respond to the specific needs of students, their families and their communities.

401.6 The Superintendent shall where appropriate, involve parents in the development of new policy and the practices of the school district, and principals shall, where appropriate, involve parents in the development of new policy and the practices of the local school.

401.7 Reflecting the Board’s desire to ensure that there is a home-school association in every school, the Superintendent shall direct principals to

(a) Facilitate the establishment of parent-school organizations such as a Parent Teacher Association (PTA), Home School Association (HSA), or Parent Teacher Student Association (PTS(A) at the school;

(b) Ensure that parents decide what type of organization will be established; and

(c) Ensure that a member of the chosen parent-school organization, who is elected by the parents, chairs the school’s local school governance council.

401.8 Within the constraints of the budget, the Board shall ensure that the Superintendent and local schools have appropriate resources to implement this section effectively.

History

SOURCE: Final Rulemaking published at 24 DCR 7460-63 (March 3, 1978); as amended by: Final Rulemaking published at 50 DCR 6166 (August 1, 2003).

5-E DCMR § 402 PUBLICATIONS AND PUBLIC DOCUMENTS

402.1 The Executive Secretary to the Board of Education is authorized to establish and implement a system for the distribution to the public, upon request, copies of the following:

(a) Transcripts, or portions of transcripts, of any of the following meetings of the Board of Education:

(1) Regular monthly meetings;

(2) Special meetings; and

(3) Emergency meetings; and

(b) The rules of the Board of Education.

402.2 The Executive Secretary is authorized to establish and provide for the collection of fees for copies of all or part of the Rules of the Board of Education and all or part of transcripts of meetings of the Board.

402.3 The fees established under § 402.2 shall not exceed the following amounts:

(a) Transcripts: twenty cents (20¢) per page; and

(b) Rules of the Board of Education: ten dollars ($10) per complete set of current rules.

402.4 All fees collected shall be used to defray the costs of preparing, compiling, and duplicating copies of the Board rules and transcripts.

402.5 Copies of the rules of the Board of Education shall be available without charge for public inspection in the offices of the Board of Education during normal business hours.

402.6 Copies of the transcripts of meetings of the Board of Education shall be available without charge for public inspection in the offices of the Board of Education during normal business hours.

402.7 The Executive Secretary is authorized to enter into agreements with other agencies of the government of the District of Columbia for the exchange of copies of rules and regulations without payment of fees.

402.8 In the absence of an agreement as indicated in § 402.7, requests for copies of Board rules or transcripts of meetings of the Board of Education shall be honored upon the payment of the established fee.

402.9 In no case shall a fee be charged to the Corporation Counsel for materials to be used in connection with litigation involving the Board of Education.

History

SOURCE: Final Rulemaking published at 24 DCR 9382 (May 5, 1978).

5-E DCMR § 403 UTILIZATION OF VOLUNTARY SERVICES

403.1 The Superintendent of Schools and the members and staff of the Board of Education are authorized to accept and utilize the services of persons on a voluntary basis in accordance with the provisions of this section.

403.2 Volunteers may be utilized to perform educational or related services, or for any other purpose that is in the interests of the school system, except where specifically provided otherwise by this section, Board rule, or District law.

403.3 No volunteer shall be utilized to perform any function or service that is currently being performed by an employee of the Board of Education; provided, that volunteers may be utilized in the following manner:

(a) To perform any service or function that augments or supplements an existing function, service, or program which is staffed by employees of the Board of Education;

(b) To perform any service or function that creates a community service capability which would not be available under existing programs or within the level of available resources;

(d) To perform the duties assigned to a regular employee on a temporary basis during periods of heavy workload or to assist in relieving an existing backlog of work.

403.4 Voluntary services or the availability of voluntary services shall not be used as the basis for a reduction-in-force. The availability of voluntary services may be considered as a factor in determining the allocation of limited resources.

403.5 The standards of conduct prescribed for employees of the Board of Education shall be applicable to all volunteers.

403.6 The services of a person on a voluntary basis shall not be accepted or utilized where such services or the use of such services would constitute a conflict of interest or could reasonably give rise to the appearance of a conflict of interest. The Superintendent of Schools shall establish and implement guidelines to enforce the provisions of this subsection.

403.7 Persons whose services are utilized on a voluntary basis shall not be eligible for any benefits normally accruing to employees of the Board of Education, including health insurance, retirement, compensation for work-related injuries (workman’s compensation), life insurance, leave, or the right to organize for collective bargaining purposes, unless the benefits are specifically provided by the laws of the District of Columbia.

403.8 Persons whose services are utilized on a voluntary basis shall be considered employees of the Board of Education for the purposes of liability for tortious injuries caused by the volunteer while acting within the scope of duty under the supervision and control of the Board of Education.

403.9 All rules and procedures with respect to the confidentiality of personnel records and release of personnel information that are in effect for employees of the Board of Education shall be applicable to persons whose services are utilized on a voluntary basis.

403.10 Volunteers shall not be given access to confidential materials unless the duties assigned cannot be performed without access to such materials.

403.11 The acceptance and utilization of the services of any person on a voluntary basis shall be at the discretion of the school system, and the utilization of such services may be discontinued by the school system at any time for any reason.

403.12 The decision by a school official to discontinue the utilization of the voluntary services of any person shall not be considered an adverse action and shall not give rise to any right or process of appeal.

403.13 Each volunteer shall be assigned to a Board member or to an employee of the Board of Education who shall be responsible for assignment of duties, supervision and control of the activities of the volunteer, evaluation of performance, and establishment and monitoring of the hours during which voluntary services are performed.

403.14 Volunteers shall not engage in political activities during hours when voluntary services are being performed for the Board of Education.

403.15 Persons who offer services on a voluntary basis shall only be utilized to perform services for which they are qualified based on training, education, experience, and maturity.

403.16 Volunteers shall be mentally and physically capable of performing the duties assigned without unreasonable danger of harm or injury to the volunteer or to any other person.

403.17 Although physical examinations shall not ordinarily be required of volunteers, the Superintendent of Schools may require a physical examination where voluntary services involve the handling of food or activities that may be strenuous or potentially hazardous.

403.18 Any volunteer whose services are utilized to perform duties which would ordinarily require that the person be licensed in a trade or craft under the laws of the District of Columbia shall be required to have or obtain the required license(s) prior to the performance of voluntary services; provided, that no volunteer shall be required to obtain certification under the rules of the Board of Education in order to perform voluntary services in connection with the educational program or related services.

403.19 No offer of voluntary services by any person shall be unlawfully rejected on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, citizenship status, family responsibilities, matriculation, political affiliation, handicapping condition, source of income, place of residence or business, or any other basis of unlawful discrimination under the laws of the District of Columbia.

403.20 The Superintendent of Schools shall establish and implement guidelines for the acceptance and utilization of voluntary services in the school system, including guidelines for the deployment and supervision of volunteers pursuant to the provisions of this section.

403.21 Each volunteer shall be informed of the requirements and restrictions set forth in this section and in the guidelines established by the Superintendent of Schools.

403.22 Each volunteer shall be required to sign a statement which acknowledges that he or she has been informed of the voluntary services to be performed, the scope of services contemplated, and acknowledges that the volunteer has been informed of the provisions of the appropriate rules and guidelines, especially §§ 403.5, 403.6, 403.8, 403.9, 403.10, 403.11, 403.12, and 403.13.

History

SOURCE: Final Rulemaking published at 24 DCR 9382, 9383-85 (May 5, 1978).

5-E DCMR § 404 DEFINITIONS

404.1 When used in this Chapter, the following terms and phrases shall have the meanings ascribed.

Parent - a natural or adoptive parent, a guardian (but not if the child is a ward of the District), a person acting in the place of a parent (such as a grandparent or stepparent with whom the child lives, or a person who is legally responsible for the child’s welfare), or a surrogate parent who has been appointed in accordance with 34 C.F.R. 300.515.

A foster parent may act as a parent if

(a) The natural parent’s authority to make educational decisions on the child’s behalf has been extinguished under applicable law; and

(b) The foster parent has an ongoing, long-term parental relationship with the child, is willing to make educational decisions for the child, and has no interest that conflicts with the interests of the child.

History

SOURCE: Final Rulemaking published at 50 DCR 6166, 6168 (August 1, 2003).

5-E DCMR § 405 GRIEVANCE PROCEDURE FOR PARENTS, GUARDIANS, AND VISITORS

405.1 The grievance procedure set forth in this section shall apply to all grievances or complaints brought for any suspected violation of the following laws:

(a) Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of disability;

(b) Title II of the Americans with Disabilities Act of 1990, which also prohibits discrimination on the basis of disability;

(d) Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, and national origin;

(f) The Age Discrimination Act of 1975, which prohibits discrimination on the basis of age.

405.2 The grievance procedure set forth in this section shall apply to all grievances filed by any individual other than a student or employee of the District of Columbia Public Schools. This includes but is not limited to parents, guardians, and school visitors. Grievances and complaints regarding students shall be governed by the procedures contained in Chapter B-24 of this title. Grievances and complaints regarding employees shall be governed by Chapter E-8 of this title.

405.3 The grievance procedure set forth in this section shall also apply to all grievances or complaints brought in the following instances:

(a) Where it is alleged that the rights of an individual are being denied or abridged;

(b) Where it is alleged that any individual is being subjected to an arbitrary or unreasonable regulation, procedure, or standard of conduct;

(d) Any other violation of a right granted by law that does not have a specific grievance procedure or hearing process provided in this title.

405.4 No individual shall be discriminated against, or otherwise subjected to retaliation, on the basis of an individual’s filing of a grievance pursuant to this section or an individual’s participation in a grievance process.

405.5 An individual bringing a grievance about an issue set forth in § E-405.1 or § E-405.3 of this section shall follow the procedures contained in this section. A grievance may be filed on behalf of another individual by attorney or an authorized representative.

(a) The individual bringing the grievance (the grievant) may make an informal complaint to the principal or other school official in charge of the program or activity. If the grievant makes a complaint to a teacher or administrator other than the principal or official in charge of the program or activity, that person shall, with the permission of the grievant, advise the principal or official in charge of the program or activity of the nature of the complaint.

(d) A resolution in the informal process shall be proposed, or a decision issued, by the principal or other school official to the grievant within ten (10) school days of the day that the grievant made the informal complaint. The appropriate Instructional Superintendent shall be informed of the informal grievance and investigation and may be consulted by the principal or other school official in an attempt to resolve the grievance.

(e) A grievant who is dissatisfied with the outcome of -- or chooses not to use -- the informal process, may file a written grievance with the Instructional Superintendent with jurisdiction over the school or other responsible school official. Written grievances must be filed within forty-five (45) calendar days of the incident or circumstance being grieved or ten (10) calendar days of the completion of the informal process, if any, whichever is longer. The timeframes for submission shall be tolled in instances where the grievant did not comprehend or was not aware of the harassment.

(f) All complaints should include the following information, to the extent that is known by the grievant:

(1) The name and address of the grievant;

(2) The grievant’s affiliation with the school (parent, guardian, volunteer or other);

(3) The date, approximate time, and location of the incident;

(4) The type of bullying or harassment that was involved in the incident;

(5) The identity of the person(s) who committed the alleged acts of harassment;

(6) If the alleged harassment was directed towards other person(s), the identities of such persons;

(7) Whether any witnesses were present, and their identities; and

(8) A specific factual description of the incident, including any verbal statements or physical contact.

(g) The Instructional Superintendent or other school official shall attempt to resolve the written grievance by beginning a formal investigation, including but not limited to conducting conferences with the grievant(s), students, parents, teachers, other school officials, and other involved parties and, when applicable, consultation with legal counsel, or the Section 504 Coordinator. The investigation shall also include the examination of any information submitted by the grievant and interviews with any witnesses identified by the grievant.

(h) The Instructional Superintendent shall provide the grievant with the evidence or documentation presented by the school and shall give the grievant the opportunity to rebut such evidence.

(i) The Instructional Superintendent or other school official who investigates a written grievance shall provide a written response to the grievant and the school principal.

(j) The written response shall be provided within ten (10) school days of the receipt of the written grievance; the parties should be notified if the investigation will take longer, including the reasons for the delay and the anticipated time frame.

(k) If the grievant is not satisfied with the response of the Instructional Superintendent, the grievant may file an appeal with another school official designated by the Chancellor. The appeal shall be filed within ten (10) calendar days of receipt or notice of the initial response.

(l) The designated school official shall attempt to resolve the grievance by reviewing the Instructional Superintendent’s investigation and findings, and conducting further investigation of the grievance, including meeting with all involved parties and consulting with legal counsel as appropriate.

(m) The designated school official shall provide a written response to the grievant and the school principal within ten (10) school days of the receipt of the appeal.

(n) If the grievant is not satisfied with the response or the designated school official is unable to achieve an adequate resolution, either the grievant or designated school official may, within ten (10) calendar days of the written response, request that the grievance be brought before a grievance review panel to ensure appropriate and fair resolution of the grievance. The panel shall be comprised of three (3) persons appointed by the Chancellor or designee, and may include the Section 504 Coordinator, the Title IX Coordinator, individuals from the DCPS Office of Compliance, Office of the General Counsel, other Instructional Superintendents or school officials, and other disinterested persons with training and knowledge about the issues raised by the grievance.

(o) In all cases brought before the review panel, the panel shall provide the designated school official with written findings and recommendations for suggested implementation by the Instructional Superintendent and the principal; a copy of the written findings and recommendations shall also be issued to the grievant. The findings and recommendations shall be issued within ten (10) school days of receipt by the panel of the request referenced in § E-405.5(n) of this section.

(p) Within five (5) days of receipt of the findings and recommendations, the designated school official shall issue a final administrative decision, which shall be the final administrative decision of the school system. The designated school official shall provide written notice of the decision to the grievant, the Instructional Superintendent, and the principal, and if appropriate, the grievant’s attorney or authorized representative.

(q) A grievant may also file a complaint directly with the U.S. Department of Education, Office of Civil Rights without utilizing, or following the completion of, the procedures contained in this section. See http://www.ed.gov/ocr/complaintprocess.html or call (202) 453-6020 for further information.

(r) A grievant may also file a complaint directly with the District of Columbia Commission on Human Rights without utilizing or following the procedures contained in this section. Nothing in this section supersedes the rights or requirements for filing complaints with the District of Columbia Commission on Human Rights. See http://www.ohr.dc.gov or call (202) 727-4559 for further information.

History

SOURCE: Final Rulemaking published at 61 DCR 3826 (April 11, 2014). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 405

5-E5 ADMINISTRATION AND MANAGEMENT

5-E DCMR § 500 SUPERINTENDENT OF SCHOOLS

500.1 The chief school officer of the Board of Education shall be the Superintendent of Schools who shall direct and supervise the administration of the D.C. Public Schools.

500.2 The Superintendent of Schools shall be appointed by a majority vote of the full Board of Education.

500.3 The Superintendent of Schools shall serve for a term of three (3) years.

500.4 A person may serve more than one (1) term in the office of Superintendent of Schools. Any additional term(s) shall be by appointment of the Board of Education, pursuant to the provisions of this chapter.

500.5 The Superintendent of Schools may be removed from office prior to the expiration of the current term of office by a majority vote of the full Board of Education. An adverse action shall only be taken for adequate cause, pursuant to the provisions of this chapter.

500.6 The Board of Education shall act to appoint or to remove the Superintendent of Schools in public session at a regular or special meeting of the Board.

500.7 Whenever the office of Superintendent of Schools becomes vacant due to death, resignation, adverse action, the expiration of the term of office of the incumbent, or for any other reason, the Board of Education shall designate a person to serve as Acting Superintendent of Schools.

500.8 The designation of an Acting Superintendent of Schools shall not constitute an appointment for a three (3) year term of office, but shall be for an indefinite period pending the appointment of a Superintendent of Schools for a three (3) year term, pursuant to the provisions of this chapter, or pending the designation of another person as Acting Superintendent of Schools.

500.9 Designation of an Acting Superintendent of Schools shall be by vote of the majority of the full Board of Education in public session at a regular or special meeting of the Board.

500.10 A person designated Acting Superintendent of Schools shall have all of the authority, duties, and responsibilities of the office of Superintendent of Schools.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 24 DCR 5673 (January 6, 1978).

5-E DCMR § 501 AUTHORITY AND DUTIES OF THE SUPERINTENDENT OF SCHOOLS

501.1 The Superintendent of Schools shall be responsible for the daily operation and management of the school system and shall supervise and direct the instructional program in all of the public schools of the District of Columbia.

501.2 The Superintendent of Schools shall be responsible for the implementation of the rules of the Board of Education and shall conduct the programs and operations of the Public Schools in accordance with the provisions of this chapter.

501.3 The Superintendent of Schools shall have the powers and duties set forth in the laws of the District of Columbia and the rules of the Board of Education, and shall have the general authority to take any actions that are necessary to carry out the duties and responsibilities of the office of Superintendent of Schools.

501.4 The Superintendent of Schools shall have the powers and duties of a State Education Officer where the Board of Education is designated by law, regulation, or delegation as the state educational agency for the District of Columbia.

501.5 The Superintendent of Schools shall be responsible for and have authority to establish and modify the organizational structure of the public school system, except where a specific organizational structure is established by the provisions of the rules of the Board.

501.6 The Superintendent of Schools shall be responsible for the direction and supervision of the employees of the public schools, with the exception of the immediate staff of the Board of Education.

501.7 The Superintendent of Schools shall have the authority to take all personnel actions affecting those employees under his or her supervision and control, except those personnel actions that are specifically reserved to the Board of Education by the provisions of the rules of the Board.

501.8 The Superintendent of Schools shall be a non-voting member of the Board of Education and shall have the right to speak on all matters before the Board. The Superintendent of Schools or his or her designee shall attend all meetings of the Board of Education and shall have the right to speak on all matters before the Board. The Superintendent of Schools or the Superintendent’s designee shall attend all meetings of the Board of Education and its committees to represent the position of the Superintendent of Schools.

501.9 The Superintendent of Schools may recommend, support, or oppose the adoption of any action, including rulemaking, by the Board of Education.

501.10 The Superintendent of Schools shall have the opportunity to comment in person, in writing, or through a designated representative on any action of the Board of Education prior to its final adoption.

501.11 The Superintendent of Schools shall be responsible for the timely preparation of annual budgets for the approval of the Board of Education; provided, that, beginning with Fiscal Year 2004, the Superintendent shall submit performance-based budgets that link specific, detailed programmatic objectives with detailed budgetary outlays for each objective.

501.12 The Superintendent of Schools shall submit to the Board of Education, for review, any reprogramming or freeze of funds equal to or in excess of fifty thousand ($50,000), cumulative, within or across any single object classification or program. The reprogramming for local school operations shall apply to each program within each school as a separate fiscal entity.

501.13 If the Superintendent of Schools is of the opinion that a specific action of the Board of Education would direct the Superintendent to act in direct violation of any applicable law, regulation, or rule of Board, the Superintendent shall notify the Board in writing of the conflict, make any appropriate recommendation for alternative action, and may defer implementation of the Board action in question pending further direction from the Board.

501.14 The Superintendent of Schools shall be authorized to accept, on behalf of the D.C. Public Schools, any donation, gift or contribution for the benefit of the public schools of the District of Columbia; provided, that, except as specified in § 501.15 below, any donation, gift, or contribution in the amount of or having a value of more than fifty thousand dollars ($50,000) or which will require the school system to expend funds in excess of fifty thousand dollars ($50,000) in matching funds or for expenses related to such donation, gift, or contribution shall be approved by the Board of Trustees prior to its acceptance by the Superintendent.

501.15 The Superintendent of Schools shall be authorized to accept, on behalf of the D.C. Schools, donation, gift or contribution in the amount of or having a value of more than fifty thousand dollars ($50,000), which requires no expenditure of D.C. Public Schools funds when the expedited acceptance of such donation, gift, or contribution is in the best interests of the school system; provided that any donation gift, or contribution in the amount of or having a value of more than fifty ($50,000) accepted without prior approval by the Board of Trustees shall be reported to the Board at its next regularly scheduled meeting.

501.16 The Superintendent of Schools shall report annually to the Board of Trustees regarding donations, gifts, and contributions accepted by the Superintendent during the previous year and shall account for the expenditure of all monetary contributions.

History

SOURCE: Final Rulemaking published at 24 DCR 5673, 5674 (January 6, 1978); as amended by: Final Rulemaking published at 36 DCR 7049 (October 6, 1989); Final Rulemaking published at 41 DCR 3156 (May 27, 1994); Final Rulemaking published at 47 DCR 2598 (April 14, 2000); Final Rulemaking published at 49 DCR 8876 (September 27, 2002); and Final Rulemaking published at 49 DCR 8877 (September 27, 2002).

5-E DCMR § 502 [RESERVED]

5-E DCMR § 503 [RESERVED]

5-E DCMR § 504 [RESERVED]

5-E DCMR § 505 COTERMINOUS APPOINTMENTS

505.1 The Superintendent of Schools is authorized to designate positions on the administrative staff of the public school system that may be filled by coterminous appointment.

505.2 Positions that may be designated by the Superintendent of Schools to be filled by coterminous appointment shall meet all of the following requirements:

(a) The incumbent shall report directly to the Superintendent of Schools;

(b) The performance of the incumbent shall be the direct responsibility of the Superintendent;

(c) The position shall not be one for which a specific term of office or manner of selection is set forth in the rules of the Board of Education; and

(d) The position shall continue to be designated coterminous throughout the term(s) of office of the incumbent Superintendent making the designation; provided, that positions that are affected by a modification of the organizational structure of the public school administration may be redesignated as coterminous or non-coterminous at the time of such reorganization.

505.3 A position that meets all of the requirements of § 505.2, but which is occupied at the time of designation of the position as coterminous by a person who had been duly appointed to the position with probationary or permanent status, shall be deemed to remain non-coterminous with regard to the incumbent only for the period during which that incumbent continues to hold the position.

505.4 A person appointed coterminous shall serve at the pleasure of the Superintendent of Schools.

505.5 A coterminous appointment shall be terminated automatically whenever the office of Superintendent of Schools becomes vacant.

505.6 Coterminous appointments shall be made by the Superintendent of Schools and shall not be subject to the approval of the Board of Education.

505.7 The manner of selection of persons to fill coterminous positions shall be within the discretion of the Superintendent of Schools; provided, that each person appointed to fill a coterminous position shall be qualified for the position to which appointed.

505.8 Persons serving in positions by coterminous appointment shall be entitled to all employment benefits commensurate with the employment level of the position and length of service, including health insurance, life insurance, leave, and retirement, to the extent provided by law and by the rules of the Board of Education.

505.9 The employment status of a person already employed by the Board of Education at the time of appointment to a coterminous position shall not be adversely affected by appointment to or service in the coterminous position. Time of service in a position by coterminous appointment shall be included in computation of total length of service in the school system.

505.10 An employee with permanent status at an employment level in a non- coterminous position who vacates the non-coterminous position in order to accept a coterminous appointment shall retain the right to return to that employment level upon termination of the coterminous appointment. A non-coterminous position vacated by a person appointed to a coterminous position may be filled either by probationary or temporary appointment.

505.11 Rights accrued by an employee of the Board of Education with regard to any reduction-in-force shall not be adversely affected by appointment to or service in a position by coterminous appointment.

505.12 A person appointed to the office of Superintendent of Schools, who is at the time of that appointment already employed by the Board of Education, shall have all of the rights and benefits granted to coterminous appointees pursuant to §§ 505.8, 505.9, and 505.11. He or she shall also retain the right to return to the employment level held at the time of appointment upon termination of the appointment to the office of Superintendent of Schools.

History

SOURCE: Final Rulemaking published at 24 DCR 5673, 5676 (January 6, 1978).

5-E DCMR § 511 [RESERVED]

5-E DCMR § 512 [RESERVED]

5-E DCMR § 513 [RESERVED]

5-E DCMR § 514 [RESERVED]

5-E DCMR § 515 SCHOOL OFFICERS: GENERAL HIRING POLICY

515.1 The requirements and procedures set forth in §§ 514 through 519 shall apply to the screening and evaluation of persons to fill the following positions within the Public Schools of the District of Columbia:

(a) Principal;

(b) Assistant Principal; and

(c) Any other position in grades EG 12-15 and ET 3-14 designated by the Superintendent of Schools or the Board of Education.

515.2 Community participation on interview panels pursuant to § 517 shall not be required for any position other than the position of principal.

515.3 All school officer positions shall be filled on the basis of qualifications and aptness for the particular position and shall be filled according to the competitive procedures in this chapter.

515.4 Recommendations for all appointments to positions covered by § 515.1 shall be made through the use of the screening and evaluative procedures provided in this chapter, except when a lateral transfer or reassignment is effected by the Superintendent.

515.5 If candidates being considered for a school officer position possess relatively comparable qualifications and display comparable qualifications for the position, priority shall be given to promotion from within the Public Schools of the District of Columbia.

515.6 Members of the community shall be encouraged to identify and recommend persons whom they consider qualified for school officer positions and to participate in the evaluation process pursuant to this chapter.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4330 (October 3, 1980); as amended by Final Rulemaking published at 37 DCR 3937, 3938 (June 15, 1990).

5-E DCMR § 516 REASSIGNMENT AND TRANSFER OF SCHOOL OFFICERS

516.1 Whenever a Principal vacancy occurs the Superintendent of Schools may laterally transfer another Principal to fill that vacancy.

516.2 In addition, the Superintendent of Schools shall have the authority to effect the reassignment of any school officer when the Superintendent deems it to be in the best interests of the school system.

516.3 The Superintendent shall inform the Board of Education in writing fifteen (15) days prior to the reassignment of any school officer.

516.4 The Superintendent upon request of any member of the Board of Education shall meet with the Committee of the Whole to discuss the pending reassignment of any school officer.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4330 (October 3, 1980).

5-E DCMR § 517 SCHOOL OFFICER SCREENING PANELS AND INTERVIEW PANELS

517.1 When there are more than ten (10) qualified applicants for a position covered by § 515, the Deputy Superintendent for the Office of Human Resource Management (“Deputy Superintendent”) shall establish a screening panel to review all applications.

517.2 The screening panel shall consist of at least three (3) D.C. Public School officials familiar with the requirements of the position including two (2) representatives of the Deputy Superintendent, one (1) representative from the office in which the vacancy exists.

517.3 The screening panel shall review each application and rate it based on minimum qualifications required for the job as set forth in the job announcement. All minimum criteria which will be used to evaluate applicants during the screening process shall be set forth in the vacancy announcement together with the weight to be ascribed to each criterion.

517.4 The group of applicants selected as a result of the screening process (applicant roster) shall be submitted to the Deputy Superintendent for participation in oral interviews.

517.5 The Deputy Superintendent shall establish an evaluative panel to conduct oral interviews, of individuals on the applicant roster, for each vacant position covered by §515.1, except when a lateral transfer or reassignment is effected by the Superintendent of Schools. All applicants selected pursuant to § 517.4 shall be provided an oral interview.

517.6 In addition to the two (2) elected community representative, when representatives are provided by the organized community under § 518, each interview panel shall consist of the following:

(a) Two (2) school officers, one (1) of whom is currently serving in the same type of position as the vacancy to be appointed;

(b) The Assistant Superintendent (or designee) in charge of the Division in which the position is located; and

517.7 The Deputy Superintendent (or designee) shall serve as the chairperson of the interview panel (without vote), shall schedule the time and place for interviews by the panel, and shall tabulate the results of the interviews and report those results to the Superintendent of Schools.

517.8 The candidates who receive the top seven (7) ratings from the interview panel, based upon the ranking recorded by the chairperson, shall be reported by the Director of Personnel to the Superintendent for appointment action. [Amended 39 DCR 7290]

History

SOURCE: Final Rulemaking published 37 DCR 3937, 3938 (June 15, 1990); as amended by Final Rulemaking published by 39 DCR 7290 (September 25, 1992).

5-E DCMR § 518 COMMUNITY PARTICIPATION IN SELECTION OF PRINCIPALS

518.1 Organized school communities (Parent Teacher Association, Home and School Association or Neighborhood School Council, where these organizations exist) shall be entitled to participate in the selection process for Principals.

518.2 If more than one organized community group exists in the school the presiding officers will meet jointly to plan the procedures for electing two (2) representatives to serve on the selection panel for a vacant position in a school serving the organized community.

518.3 If a community school board has been recognized by the Board of Education, it shall have the right to choose one (1) of the two (2) representatives to serve on the selection panel.

518.4 Community representatives who serve on the selection panel shall be elected by a uniform election procedure to be established by the Superintendent of Schools.

518.5 In instances where no representatives of the organized community are elected to serve on a selection panel, the panel shall consist of those persons designated by § 517.2.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4333 (October 3, 1980).

5-E DCMR § 519 APPOINTMENT OF SCHOOL OFFICERS

519.1 The appointment of all school officers specified in § 515.1 shall be made by the Superintendent of Schools.

519.2 [Deleted]

519.3 The Superintendent of Schools shall receive the report of the selection panel from the Director of Personnel.

519.4 [Deleted]

519.5 The Superintendent may select from any of the top seven (7) candidates selected by the selection panel.

519.6 If none of the top seven (7) candidates, as rated by the selection panel, is accepted by the Superintendent, he or she may direct that the position be reopened and a new selection panel established.

519.7 [Deleted]

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4333 (October 3, 1980); as amended by: Final Rulemaking published at 39 DCR 7290 (September 25, 1992); Final Rulemaking published at 40 DCR 1571 (February 26, 1993); and Final Rulemaking published at 44 DCR 7536 (December 12, 1997).

5-E DCMR § 520 [REPEALED]

History

SOURCE: Final Rulemaking at 29 DCR 4131 (September 17, 1982); as amended by Final Rulemaking published at 35 DCR 6743 (September 9, 1988); as amended by Final Rulemaking published at 36 DCR 4232 (June 29, 1990); as amended by Final Rulemaking published at 44 DCR 7536, 7537 (December 12, 1997); as amended by Final Rulemaking published at 68 DCR 1274 (January 22, 2021). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 520

5-E DCMR § 521 TRAVEL ALLOWANCES

521.1 It is the policy of the Board of Education to authorize travel allowance from funds under its jurisdiction only for travel which will further the goals of public elementary and secondary education in the District of Columbia.

521.2 For purposes of this section, the term “travel allowance” shall include expenditures for transportation, meals and lodging, registration fees, and other related expenses incurred in connection with travel outside the District of Columbia.

521.3 Travel which will further the goals of public elementary and second education in the District of Columbia shall include the following:

(a) Meetings, seminars, workshops or other programs directly related to the duties, responsibilities and functions of the position or office held by the person for whom the travel allowance is to be authorized, or for which such person is eligible through promotion or appointment, or for which such person might become eligible with additional training or expertise; or

(b) Travel on official business at the direction of the Superintendent of Schools or the Board of Education.

521.4 The Superintendent of Schools shall be responsible for the implementation of this section with respect to all employees of the Board of Education under his or her supervision, and may issue further guidelines for implementation in accordance with the provisions of this section. The Superintendent may delegate in writing his or her authority and duties under this section.

521.5 The Executive Secretary of the Board of Education shall be responsible for the implementation of this section with respect to the immediate staff of the Board of Education and the members of the Board of Education. The Executive Secretary may issue further guidelines for implementation in accordance with this section.

521.6 The decision of the Executive Secretary of the Board of Education to grant or withhold authorization for any travel allowance requested by a member of the Board of Education may be reviewed by the Committee of the Whole in the following manner:

(a) If the Executive Secretary withholds an authorization for a travel allowance, upon a written request by the affected Board member, the President of the Board of Education shall place the matter on the agenda of the next regular or special meeting of the Committee of the Whole;

(b) If the Executive Secretary authorizes a travel allowance, upon a written request by five (5) or more members of the Board of Education for a review of possible failure of the authorization to comply with the provisions of this section, the President of the Board of Education shall place the matter on the agenda of the next regular or special meeting of the Committee of the Whole;

(c) Prior to either granting or withholding authorization for any travel allowance, the Executive Secretary may submit a written request to the President that the matter be considered by the Committee of the Whole at its next regular or special meeting; and

(d) In the event a request for review is made under this section, but a regular or special meeting of the Committee of the Whole is not held prior to the scheduled departure of the affected Board member, the Executive Secretary shall, upon request of the affected Board member, issue a provisional authorization for the travel allowance. Funds which are received by a Board member under a provisional authorization shall be reimbursed to the Board by the Board member if the Committee of the Whole subsequently determines that the travel fails to comply with the provisions of this section.

521.7 The provisions of this section shall be implemented in addition to any and all applicable laws and regulations of the United States and the District of Columbia, including any further restrictions imposed by the law or regulation in connection with the receipt or expenditure of funds by the Board of Education.

History

SOURCE: Final Rulemaking published at 26 DCR 8308 (March 9, 1979).

5-E6 LABOR RELATIONS

5-E DCMR § 600 GENERAL POLICY ON LABOR RELATIONS

600.1 To promote and maintain effective employee relations in the D.C. Public Schools and to ensure the efficient, orderly, and uninterrupted operation of the school system, the Board of Education shall adopt the rules and procedures set forth in this chapter with respect to employee representation for purposes of collective bargaining.

600.2 The Board of Education recognizes that the employees of the public schools have the following rights with respect to organization and collective bargaining:

(a) The right to self-organization;

(b) The right to join, organize, affiliate with, or assist labor organizations, as defined in § 602;

(d) The right to refrain from any or all of the activities of §§ 600.2(a-c), except to the extent that a right may be affected by a lawful agreement providing for union security.

600.3 An employee may, by his or her own choice, join or refrain from joining any labor organization with complete freedom from coercion, restraint, or discrimination.

600.4 No action shall be taken by any officer or employee of the Board of Education that would have the effect of extending or curtailing rights, privileges, benefits, or immunities pertaining to employment in the D.C. Public Schools on the grounds of membership or non-membership in any labor organization.

600.5 Any employee or group of employees shall have the right to present any grievance to management and to have the grievance adjusted without the intervention of the exclusive representative so long as the adjustment is not inconsistent with the terms of a collective bargaining agreement that is in effect at the time the adjustment is made; provided, that the exclusive representative shall have been given the opportunity to be present at meetings with school officials about that adjustment.

600.6 No official or employee of the Board of Education shall deny or interfere with the rights of employees to petition the Board of Education, the Council of the District of Columbia, or the Congress of the United States, either individually or collectively.

600.7 No labor organization shall be certified or shall retain its certification status under this chapter if it has any policy of discrimination or engages in discrimination on the basis of race, color, religion, age, sex, marital status, sexual orientation, national origin, citizenship, handicapping condition, or any other basis of discrimination prohibited under the Code of Laws of the District of Columbia.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 24 DCR 6446 (February 3, 1978).

5-E DCMR § 601 APPLICABILITY AND AUTHORITY

601.1 The provisions of this chapter shall govern the relationship between all labor organizations and the Board of Education.

601.2 The relationship between the Board of Education and all labor organizations shall include the relationship between those organizations and all subordinate regions, offices, divisions, branches, or other administrative units of the school system.

601.3 Any agreement or agreements entered into by the Board of Education with any labor organization shall be binding upon all administrative units of the Board of Education.

601.4 Any agreement or agreements entered into by the Board of Education with any labor organization shall be binding upon all local school boards, advisory boards, state advisory panels, or any other bodies established by the Board of Education or which operate under the authority of recognition of the Board of Education.

601.5 The statutory authority of the Board of Education to control the Public Schools and the Board’s responsibility for the efficient and effective management of the school system shall be presumed to be a part of all negotiations and agreements entered into by the Board with any labor organization.

601.6 No provision of any agreement negotiated or ratified between the Board of Education and any labor organization shall be interpreted or implemented so as to supersede the statutory authority or obligations of the Board.

601.7 No provision of this chapter or any agreement entered into pursuant to this chapter shall be interpreted or implemented to deny the right of an individual employee to represent him or herself or choose his or her own representative in any statutory forum or pursuant to any procedure established by law.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6448 (February 3, 1978).

5-E DCMR § 602 PETITION FOR RECOGNITION

602.1 A labor organization seeking to obtain exclusive recognition as the representative of a bargaining unit of employees of the Board shall file a petition for recognition with the Superintendent of Schools.

602.2 A petition for recognition shall be in writing and signed by an authorized official of the labor organization submitting it.

602.3 A petition for recognition shall contain the following information:

(a) The name and address of the labor organization seeking affiliation;

(b) The affiliation of the labor organization with any national, regional, or local labor groups, or if the organization is unaffiliated, a statement to that effect;

(c) The names of the officers of the organization who are currently in office, officers-elect, and the dates of the terms of office of all officers and officers-elect;

(d) A description of the bargaining unit which the organization deems to be appropriate;

(e) A list of the types of positions contained in the proposed bargaining unit by class of position and title, and the approximate number of employees in each classification;

(f) The names and addresses of any other labor organizations known to the petitioner that claim to represent any employees in the proposed bargaining unit(s), and the date of expiration of any existing ratified agreement with respect to those employees;

(g) A request for exclusive recognition of the petitioner as the representative of the employees in the proposed bargaining unit(s); and

(h) Other appropriate facts, information, or requests for action relevant to the petition.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6542 (February 3, 1978).

5-E DCMR § 603 PETITION FOR DECERTIFICATION

603.1 Any employee or group of employees within a recognized, appropriate bargaining unit may challenge the further representation of the unit by the existing certified labor organization by filing a petition for decertification with the Superintendent of Schools.

603.2 A petition for decertification may be filed by an employee, a group of employees, or a representative acting on the behalf of employees.

603.3 A petition for decertification shall be in writing and shall be signed by the employee(s) submitting the petition or by the representative of those employee(s).

603.4 A petition for decertification shall contain the following:

(a) The name and address of the petitioner(s) or representative;

(b) The affiliation of the petitioner(s) or representative with any national, regional, or local labor groups, or if no affiliation exists, a statement to that effect;

(d) A description of the bargaining unit(s) involved and the approximate number of employees in the unit(s);

(e) The expiration date of any ratified agreement covering the employees in the bargaining unit(s);

(f) A statement by the petitioner(s) setting forth the reasons for the proposed decertification and making a formal request for decertification; and

(g) Other appropriate facts, information, or requests for action relevant to the petition.

History

SOURCE: Final Rulemaking at 24 DCR 6446, 6453 (February 3, 1978).

5-E DCMR § 604 PETITION FOR CLARIFICATION OF EXISTING BARGAINING UNIT

604.1 A petition for clarification of an existing bargaining unit in the absence of a question concerning representation may be filed with the Board of Labor Relations by the Superintendent or labor organization.

604.2 Petitions for clarification shall be filed in accordance with and processed under the rules of the Board of Labor Relations.

604.3 Petitions for clarification shall contain the following:

(a) The name of the certified bargaining representative;

(b) A description of the existing bargaining unit, including a description of any existing clarification;

(c) A description of the proposed clarification and a statement setting forth the reasons for the request for clarification;

(d) The names and addresses of any labor organizations known to the petitioner that claim to represent any employees affected by the proposed clarification, and a brief description of the existing agreements covering the employees, if any;

(e) The number of employees in the present bargaining unit and the number of employees that would be in the unit pursuant to the proposed clarification;

(f) The job classifications of the employees who are the subjects of the proposed clarification, and the number of employees in each classification;

(g) Other appropriate facts, information, or requests for action relevant to the petition.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6454 (February 3, 1978).

5-E DCMR § 605 PETITION FOR AMENDMENT OF CERTIFICATION

605.1 A petition for amendment of certification of an existing bargaining unit in the absence of a question concerning representation may be filed with the Board of Labor Relations by the Superintendent of Schools or by the labor organization.

605.2 Petitions for amendment of certification shall be filed in accordance with and processed pursuant to the rules and regulations of the Board of Labor Relations.

605.3 Petitions shall be in writing and signed by the appropriate official of the labor organization, or by the Superintendent of Schools or his or her designee.

605.4 Petitions for amendment of certification shall contain the following:

(a) The name of the certified bargaining representative;

(b) Identification and description of the existing certification;

(d) The names and addresses of any other labor organizations known to the petitioner that claim to represent any employees in the unit covered by the existing certification and proposed amended certification, and a brief description of the existing agreements covering those employees, if any;

(e) The name and address of the petitioner;

(f) The affiliation of the petitioner with any national, regional, or local labor groups, or if no affiliation exists, a statement to that effect; and

(g) Other appropriate facts, information, or requests for action relevant to the petition.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6455 (February 3, 1978).

5-E DCMR § 606 EVIDENCE OF PROOF OF INTEREST IN PETITION

606.1 In conjunction with the filing of a petition for recognition pursuant to the provisions of § 602 of this chapter, the petitioner shall simultaneously submit to the Board of Labor Relations evidence that at least thirty percent (30%) of the employees in the appropriate bargaining unit desire to have the petitioner represent them for the purposes of collective bargaining.

606.2 In conjunction with the filing of a petition for decertification pursuant to the provisions of § 603 of this chapter, the petitioner shall simultaneously submit to the Board of Labor Relations evidence that at least thirty percent (30%) of the employees in the unit, or in each unit, do not desire to be represented by the certified labor organization.

606.3 Evidence of proof of interest in the filing of a petition for recognition or a petition for decertification, as required by §§ 606.1 and 606.2, shall consist of authorization cards or petitions that have been dated and signed by each employee claimed as part of the show of interest.

606.4 Authorization cards or petitions shall be dated and signed within the six (6) month period immediately preceding the date of submission of the petition to the Superintendent. Cards that were dated and signed prior to the six (6) month period shall not be counted in determining whether a sufficient show of interest has been made.

606.5 The number of employees required to meet the thirty percent (30%) requirement for show of interest shall be determined from the payroll records of the payroll period immediately preceding the filing of the petition, unless the Board of Labor Relations determines that that period is unrepresentative of the total number of employees. When the Board of Labor Relations determines that the period immediately preceding the filing of the petition does not accurately represent the total number of employees, the Board of Labor Relations shall determine the appropriate payroll period.

606.6 The determination by the Board of Labor Relations as to the sufficiency or non- sufficiency of a show of interest with regard to any petition shall be deemed a ministerial act which shall be binding upon the Board and the petitioner and not subject to challenge by either party.

606.7 Failure to simultaneously file evidence of interest in the petition, as required by this section, shall automatically disqualify the petition, and the Superintendent shall dismiss the petition.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6456 (February 3, 1978).

5-E DCMR § 607 PETITIONS: GENERAL PROVISIONS

607.1 The existence of a valid, ratified agreement between the Board and a labor organization shall bar the filing of a petition for recognition during the term of the agreement, except as provided in § 607.3.

607.2 The existence of a valid, ratified agreement between the Board and a labor organization shall bar the filing of a petition for decertification during the term of the agreement, except as provided by § 607.3.

607.3 A petition for recognition or decertification may be filed not less than sixty (60) days nor more than ninety (90) days prior to the expiration date of an existing agreement of a term of three (3) years or less, or not less than sixty (60) days nor more that ninety (90) days prior to the third anniversary date of an agreement of a term of more than three (3) years.

607.4 Petitions for recognition or decertification that are filed in violation of the provisions of §§ 607.1 through 607.3 shall be dismissed by the Superintendent of Schools.

607.5 Upon receipt of a petition for recognition which meets the requirements of §§606.1 and 607.3, the Superintendent of Schools shall give notice in writing of the petition, and a description of the proposed bargaining unit, to all labor organizations known to have members who are employees in the affected unit or known to be seeking recognition in the unit.

607.6 The notice of petition for recognition shall indicate that the labor organizations notified shall have ten (10) days from the date of the notice to submit any comment on the proposed unit to the Superintendent.

607.7 The notice to a labor organization of a petition for recognition shall also advise the organization that if the organization wishes to represent employees in the same unit, the organization shall submit to the Board of Labor Relations evidence that at least ten percent (10%) of the employees in the unit are members of the organization; or, if the notified labor organization wishes to establish a unit that differs in part from the proposed unit in the petition, the organization shall submit evidence of a show of interest of at least thirty percent (30%) of the employees in its proposed unit.

607.8 Submission of evidence as required by § 607.7 shall be accomplished within ten(10) days of the receipt of notice.

607.9 On the same date on which notice is sent pursuant to the provisions of § 607.5 and § 607.6 of this section, notice of the proposed unit shall be posted on appropriate bulletin boards in offices that would be affected by the proposed unit. This notice shall also contain information about the ten (10) day period during which labor organizations may submit comments or specific unit proposals to the Superintendent of Schools.

607.10 The Superintendent shall determine the appropriateness of a bargaining unit based upon the information contained in the relevant petition, comments received on the petition, and on a consideration of other relevant factors, including the following:

(a) The community of interest among the employees;

(b) Whether the proposed unit would promote effective labor relations and efficient operation of the school system;

(c) The history of collective bargaining with regard to the affected employees, among other employees of the Board, and in similar school systems; and

(d) Any unique factors relevant to public sector employment.

607.11 No unit shall be established that includes any of the following:

(a) Any management official or member of the Board;

(b) Any supervisor together with employees under that supervisor's supervision;

(c) Any employee who assists or has a confidential relationship with any management official who has a functional responsibility for or official knowledge of labor relations matters as part of that official's duties with the school system; or

(d) Any employee whose duties or employment is of a temporary or casual nature.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6457 (February 3, 1978).

5-E DCMR § 608 SELECTION OF A REPRESENTATIVE LABOR ORGANIZATION

608.1 Whenever a choice available to employees in an appropriate bargaining unit is between two (2) or more labor organizations, as determined by the Superintendent of Schools pursuant to the provisions of § 607, the selection of the representative labor organization or the rejection of all of the choices shall be made by election, pursuant to the provisions of § 609.

608.2 Whenever the choice available to employees in an appropriate bargaining unit is limited to the acceptance or rejection of a single labor organization, the Board of Labor Relations may determine that the organization has been accepted if either of the following requirements have been met:

(a) A majority of the employees in the unit have accepted the labor organization, as evidenced by the submission of dues deduction cards which have been properly executed by a majority of the employees in the unit, and which are currently effective; or

(b) A majority of the employees in the unit have accepted the labor organization, as evidenced by the submission of designation cards which have been properly executed by a majority of the employees in the unit within six (6) months immediately prior to the date of submission of the petition for recognition, pursuant to § 602.

608.3 Whenever a labor organization which is the single choice available to employees of an appropriate bargaining unit is unable to provide evidence of selection in accordance with § 608.2, the determination of whether the labor organization is accepted or rejected by the employees in the unit shall be made by election, pursuant to the provisions of §609.

608.4 Whenever a valid petition for decertification is received, pursuant to the provisions of § 603, the determination of whether the labor organization shall be decertified shall be conducted in the same manner and in accordance with the same procedures as an election for certification, pursuant to the provisions of § 609.

608.5 Whenever a labor organization is certified as the representative of an appropriate bargaining unit, pursuant to the provisions of this chapter, the recognition shall be exclusive for a minimum period of one (1) year from the date of certification, and until another election is held which results in decertification of the labor organization, selection of another labor organization to represent the unit, or in an election by the unit for “no union.”

608.6 No election shall be held in any bargaining unit in which a valid election, including a run-off election or additional election, as provided in § 609, has been held during the preceding twelve (12) months.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6459 (February 3, 1978).

5-E DCMR § 609 ELECTION PROCEDURES AND GENERAL PROVISIONS

609.1 Where an election is required by the provisions of this chapter to determine the acceptance, rejection, or selection of a labor organization for recognition, or the decertification of existing recognition, the election shall be conducted pursuant to the procedures and requirements set forth in this section.

609.2 Election shall be by secret ballot or mail ballot, subject to the agreement of the parties, and shall be held on a date set by agreement of the parties.

609.3 Elections shall be conducted under the auspices and rules of the American Arbitration Association, or other agency mutually designated by the parties. Where the rules or procedures are inconsistent with specific provisions of the rules of the Board of Education, the Board rules shall take precedence and control.

609.4 Notice of an impending election shall be given to all affected employees at least seven (7) days in advance of the date set for the election.

609.5 The notice of an impending election shall specify the date of the election, the polling places, the hours during which the polls will be open, and the form and content of the ballot; and shall list the types of positions in the appropriate bargaining unit by class of position and title. Where mail ballots are used, appropriate information explaining use of the mail ballot and postmark deadlines shall be substituted for polling place information.

609.6 Each ballot shall provide for the selection of “no union” by the voters in the same manner that other choices are listed on the ballot.

609.7 A labor organization shall be entitled to be placed on the election ballot upon compliance with the provisions of § 607.

609.8 All costs of conducting an election shall be borne in equal shares by the Board and the labor organization(s) that appear on the ballot.

609.9 When more than one labor organization appears on the ballot, and none of the choices (including “no union”) receives a majority of the valid votes cast in the election, a run-off election shall be held. The run-off election ballot shall contain the two (2) choices that received the highest and second highest number of votes in the initial election.

609.10 When a labor organization receives a majority of the valid votes cast in an election or run-off election, the Board of Labor Relations shall certify that labor organization as the official collective bargaining representative for the bargaining unit involved.

609.11 For an election or run-off election to be valid, not less than fifty-one percent (51%) of the employees eligible to vote in that election must cast ballots.

609.12 An election shall be declared inconclusive if none of the choices on the ballot receives a majority of the votes cast, if no challenges are filed which would affect the election results, and if any one of the following situations applies:

(a) The votes are equally divided among the three (3) or more choices on the ballot;

(b) The choice receiving the highest number of votes does not receive a majority and the second-highest number of votes is received equally by one or more of the other choices; or

609.13 Whenever an election is declared inconclusive pursuant to § 609.12, the Board of Labor Relations shall declare the election or run-off election void and shall provide for one (1) additional election or run-off election as follows:

(a) In the case of an inconclusive run-off election, an election between the same two (2) choices;

(b) In the case of an inconclusive election with three (3) choices, an election among the same three (3) choices; or

(c) In the case of an inconclusive election with more than three (3) choices, an election among the three (3) choices that received the highest number of votes in the inconclusive election.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6461 (February 3, 1978).

5-E DCMR § 610 BOARD OF LABOR RELATIONS

610.1 The Board of Labor Relations of the District of Columbia shall be authorized to hear and decide appeals on issues in dispute between the Board of Education and a labor organization as set forth in this section.

610.2 A labor organization may appeal an adverse determination by the Superintendent of Schools with regard to the timeliness of the submission of a petition for recognition or decertification pursuant to §§ 606 and 607.

610.3 A labor organization that has submitted evidence of a show of interest required by this chapter may appeal the Superintendent's determination of the appropriate bargaining unit pursuant to § 607.

610.4 Objections concerning the conduct of an election may be filed by any labor organization on the ballot of the election, or by the Superintendent of Schools acting on behalf of the Board.

610.5 A challenge for cause of the eligibility of any person who has voted in an election may be filed by any labor organization on the ballot of the election or by the Superintendent of Schools acting on behalf of the Board.

610.6 In the case of a challenge brought under § 610.5, all challenged ballots shall be impounded. If the challenged ballots are of sufficient number as to affect the results of the election, the Board of Labor Relations is authorized to investigate the challenged ballots and to issue a report of its findings.

610.7 Any labor organization on the ballot in an election, or the Superintendent of Schools acting on behalf of the Board, may challenge the winning labor organization's capacity and willingness to fairly represent the interests of the bargaining unit.

610.8 The following actions under this section shall be filed within five (5) days of the certification of election results:

(a) Objections concerning the conduct of an election under § 610.4;

(b) Challenges for cause of the eligibility of any person who voted in an election under § 610.6; and

(c) Challenges to the winning labor organization's capacity and willingness to fairly represent the interests of the bargaining unit under § 610.7.

610.9 All appeals and challenges made to the Board of Labor Relations pursuant to this section shall be conducted in accordance with the rules and regulations established by the Board of Labor Relations.

610.10 The decisions of the Board of Labor Relations on appeals and challenges brought under this section shall be binding upon all parties.

610.11 The Board of Labor Relations shall be authorized to determine whether certain employees of the Board are management officials, and are thereby excluded from any bargaining unit pursuant to § 607.11, when the status of the employees is in dispute or undecided in the following instances:

(a) When the Superintendent’s determination of an appropriate bargaining unit has been challenged pursuant to § 610.3; or

(b) When a petition for clarification of an existing bargaining unit is filed by the Superintendent of Schools or by a labor organization pursuant to § 604.

610.12 Prior to the designation of an employee as a management official pursuant to §610.11, a hearing shall be held by the Board of Labor Relations in accordance with its rules and procedures.

610.13 The designation of an employee as a management official shall not become effective during a period of unchallenged, certified representation by a labor organization, pursuant to § 607, but shall become effective upon the termination of the period of unchallenged, certified representation.

610.14 Either party to collective bargaining may file an appeal of the negotiability of any item that it has proposed for negotiation. The rules and procedures of the Board of Labor Relations shall govern the negotiability appeal process. The negotiability of any proposed item shall be determined pursuant to the rules of the Board of Education defining scope of collective bargaining, and any other applicable law or regulation.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6463 (February 3, 1978).

5-E DCMR § 611 RIGHTS AND OBLIGATIONS ACCOMPANYING RECOGNITION

611.1 The Board of Education shall extend the following rights with respect to the employee in a bargaining unit to the labor organization that is certified to represent the employees in that bargaining unit under the provisions of this chapter:

(a) The right to represent the employees notwithstanding the existence of an agreement between the Board and a labor organization that is no longer certified;

(b) The rights to represent the employees in the adjustment of grievances; and

(c) The right to membership payroll dues deduction upon presentation of an individually signed dues deduction authorization card for each member to whom the deduction shall be applied; however, the deduction shall be effective only during the periods when a ratified agreement is in effect between the Board and the labor organization, except as provided in § 613.

611.2 Upon certification, a labor organization shall submit the following information and documents to the Board and shall immediately inform the Board of any changes in the documents or in information that occur during the period of certification of the organization:

(a) A copy of the constitution and bylaws of the labor organization;

(b) The address of the principal place of business of the organization;

(d) A schedule of the regular dues, initiation fees, and other fees or considerations, if any, which must be paid by employees to remaining members in good standing in the organization.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6465 (February 3, 1978).

5-E DCMR § 612 UNFAIR LABOR PRACTICES

612.1 It shall be an unfair labor practice for the Board or its agent to do any of the following:

(a) Interfere with, restrain, or coerce any employee in the exercise of rights assured by this chapter;

(b) Sponsor, control, or otherwise assist or influence a labor organization for the purpose of depriving any employee of the rights assured by this chapter;

(c) Discharge, discipline, discriminate against, or otherwise take reprisal action against any employee on the basis of that employee’s exercise of rights assured under this chapter or the filing of a complaint or giving of testimony pursuant to the provisions of chapter 8 of this title;

(d) Encourage or discourage membership in any labor organization with regard to hiring, tenure, promotion, or other conditions of employment; provided, that a lawful provision of an agreement granting union security shall not be deemed to violate this section;

(e) Refuse to accord appropriate recognition to a labor organization that is qualified for recognition; or

(f) Refuse to engage in good faith collective bargaining with a certified labor organization.

612.2 It shall be an unfair labor practice for any labor organization or its agent to do any of the following:

(a) Interfere with, restrain, or coerce any employee in the exercise of rights assured by this chapter;

(b) Attempt to induce the Board or its agent to coerce any employee with respect to rights assured by this chapter or to attempt to cause the Board or its agent to discriminate against any employee whose membership in the labor organization has been denied or terminated;

(c) Coerce, attempt to coerce, or discipline any member of any labor organization on the basis of or in reprisal for any official duty or action that the employee is required to perform; or

(d) Refuse to engage in good faith collective bargaining with the Board of Education.

612.3 The Board of Labor Relations shall be authorized to receive and decide complaints of unfair labor practices that arise pursuant to the provisions of this section.

612.4 Complaints of violations of the provisions of this section may be initiated by any of the following:

(a) An employee of the Board of Education;

(b) Any authorized official of a labor organization;

(d) The Board of Education.

612.5 Complaints of unfair labor practices submitted pursuant to this section shall be processed in accordance with the rules and procedures of the Board of Labor Relations.

612.6 The decisions of the Board of Labor Relations issued on complaints brought pursuant to this section shall be binding on all parties.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6473 (February 3, 1978).

5-E DCMR § 613 PROHIBITION OF STRIKES

613.1 No employee or labor organization shall engage in a strike, and no employee or labor organization shall call for, instigate, encourage, participate in, or condone a strike.

613.2 An employee who violates the provisions of § 613.1 of this section shall be subject to disciplinary action by the Board or its agent within the provisions of this title and any applicable law.

613.3 The Board reserves the right to exercise any available judicial remedy to enforce the provisions of this section, including action to enjoin, restrain, or punish any employee or group of employees in violation or impending violation of the provisions of this section.

613.4 The Board reserves the right to withdraw the right to automatic dues deduction, as set forth in § 611, in the event of a strike.

613.5 For purposes of this section, an employee who is absent from work without authorization from the Board or its agent, or who abstains wholly or in part from the performance of his or her duties in the normal manner in which the employee performs those duties without authorization from the Board or its agent, on any date on which a strike is deemed to have occurred shall be presumed to have engaged in that strike. The presumption created by this subsection may be rebutted by the employee.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6475 (February 3, 1978).

5-E DCMR § 699 DEFINITIONS

699.1 When used in this chapter or in Chapter 7, the following terms and phrases shall have the meanings ascribed:

Agreement - a written understanding between the Board of Education and an exclusively recognized labor organization that establishes, for a specific length of time, the terms and conditions of employment, the respective rights and obligations of the parties to the understanding, and the procedures to be followed in settling disputes or handling issues that arise during the term of the understanding.

American Arbitration Association - a private, non-profit, non-partisan organization founded in 1926 to foster the study of arbitration, to perfect the techniques of arbitration under the law, and to administer arbitration in accordance with the provisions of agreements between parties. The services of the organization are used to facilitate the appointment of an arbitrator.

Appropriate bargaining unit - a group or category of employees recognized by the Board of Labor Relations for the purpose of representation in labor relations.

Advisory arbitration - the process of resolving labor/management disputes through the services of an impartial third party who is authorized to issue recommendations following the presentation of evidence and argument by both parties.

Binding arbitration - the process of using an impartial third party to resolve labor/management disputes where both parties agree in advance to accept and be bound by the award of the arbitrator.

Board - the Board of Education of the District of Columbia or its duly designated representative.

Board of Labor Relations - an impartial body established by the District of Columbia to provide for the orderly resolution of disputes between labor organizations and management within the District of Columbia.

Collective bargaining - the process of negotiation used by the Board and an exclusively recognized labor organization to reach an agreement which is subject to ratification.

Days - unless specifically provided otherwise, all time limits provided for this chapter shall be deemed to be calendar days.

Employee - any person employed by the Board of Education, with the exception of the members of the Board; the Superintendent of Schools; person in coterminous appointments; persons in managerial positions; persons who assist or have a confidential relationship with any management official who has a functional responsibility for or official knowledge of labor relations matters as part of that official’s duties with the school system; and persons whose duties are of a temporary or casual nature.

Exclusive recognition - the status afforded to a labor organization which has been certified by the Board of Labor Relations as the sole representative of all employees in an appropriate bargaining unit, regardless of union membership, pursuant to a representative election.

Fact-finding - a process by which negotiating parties who have reached an impasse appoint one or more impartial persons to review the issues and the positions of both parties on each issue as a means of resolving differences of fact. The fact-finder issues a report with recommendations which may serve as a basis for further negotiations and agreement.

Federal Mediation and Conciliation Service - an independent agency of the federal government that provides mediators to parties in both the public and private sectors who have reached an impasse in collective bargaining.

Impasse - the inability of parties in collective bargaining to reach an agreement after making a good faith effort to do so.

Labor Organization - an organization in which employees participate and that exists for the primary purpose of representing the interests of employees in labor disputes, grievances, and collective bargaining.

Mediation - the process of attempting to resolve a dispute between labor and management over the terms and conditions of employment under an existing agreement through the appointment of an impartial third party who, by means of persuasion and conciliation, assists the parties to achieve a compromise or other solution.

Ratification - the process through which the Board of Education and a labor organization approve and agree to be bound by the terms and provisions of an agreement reached through collective bargaining.

Strike - a concerted action by employees to induce, influence, or coerce a change in terms and conditions of employment through their willful refusal to report to duty; their willful refusal to report to their positions; or their willful stoppage, in full or in part, of the full and proper performance of the duties of employment.

Supervisor - any employee whose duties entail the exercise of independent judgment and authority to effect or effectively recommend the hiring, transfer, suspension, lay-off, recall, promotion, discharge, assignment, recognition, or discipline of other employees, or the responsibility to direct or evaluate the performance of other employees, or to adjust the grievances of other employees.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6449 (February 3, 1978).

5-E7 COLLECTIVE BARGAINING

5-E DCMR § 700 COLLECTIVE BARGAINING

700.1 The Board and a labor organization that has been certified as an exclusively recognized representative shall meet at reasonable times, through their authorized agents, to negotiate in good faith with respect to matters within the scope of collective bargaining for the purpose of reaching an agreement on the matters being negotiated which may be ratified by the parties.

700.2 Matters within the scope of collective bargaining shall include and be limited to the following:

(a) Terms and conditions of employment; and

(b) The determination of appropriate techniques and procedures to govern the process of negotiations.

700.3 The obligation to meet and negotiate in good faith shall not include or extend to matters outside the scope of collective bargaining and, in particular, shall not apply or extend to the following:

(a) The bylaws, functions, programs, or educational policies of the Board of Education;

(b) Standards of services;

(d) Utilization of technology;

(e) The organizational structure of the public schools;

(f) The selection and direction of personnel; or

(g) The rules of the Board of Education, except where those rules provide for pre- emption; provided, that issues that pertain to the manner in which the rules of the Board of Education or other actions of the Board are implemented, when that implementation impacts upon the working conditions of employees, may be within the scope of collective bargaining.

700.4 The scope of collective bargaining shall not include or extend to any matter that is contrary to existing law or controlling agreement.

700.5 Pursuant to collective bargaining, the negotiating teams may execute a written agreement or memorandum of understanding which is subject to ratification by the Board and the labor organization.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 24 DCR 6446, 6466 (February 3, 1978).

5-E DCMR § 701 NEGOTIATIONS: GENERAL PROVISIONS

701.1 The Board of Education shall notify the public of the pending expiration of an existing ratified agreement not less than six (6) months prior to the date of expiration.

701.2 Copies of the existing agreement shall be provided, upon request, by the Superintendent of Schools. In addition, the Superintendent shall provide for copies of the existing agreement to be available for inspection at public places designated in the notice.

701.3 Not less than one hundred and twenty (120) days prior to the expiration of an existing ratified agreement, the Board shall conduct public hearings to receive comments from the public on the pending negotiations.

701.4 Negotiations shall commence at a reasonable time upon the request of the Board or labor organization, subject to the provisions of § 701.5.

701.5 A request to commence negotiations, pursuant to § 701.4, shall be in writing, shall be signed by the authorized agent of the party making the request, and shall set forth a proposed date for the commencement of negotiations, subject to the following:

(a) A time for the commencement of negotiations may be established by the parties through a provision in a ratified agreement or pre-negotiation agreement;

(b) A request to commence negotiations on a date that is more than one hundred twenty (120) days prior to the date of expiration of an existing ratified agreement shall be subject to the agreement of both parties;

(c) The date for commencement of negotiations, regardless of whether the date is established by agreement of timely request, shall conform to the requirements of this section for public notice and opportunity for public comment; and

(d) The parties may modify or postpone the date for commencement of negotiations by written agreement.

701.6 Collective bargaining negotiations shall be conducted between teams of representatives designated by each party.

History

SOURCE: Final Rulemaking published at 24 DCR 9386 (May 5, 1978).

5-E DCMR § 702 NEGOTIATIONS: INITIAL PROPOSALS

702.1 Not less than thirty (30) days prior to the commencement of negotiations, each party shall submit specific initial proposals in writing to the other party.

702.2 The specific proposals submitted under § 702.1 shall state the initial position of each party on each proposed issue of negotiation.

702.3 In no event shall negotiations commence until thirty (30) days after the submission of initial proposals by both parties.

702.4 The initial proposals of both parties shall be made public simultaneously, and copies of both submissions shall be available, upon request, from the Board of Education.

702.5 The Board shall accept written comments from the public at any time after the filing of initial proposals.

702.6 All comments received shall be submitted to the labor organization and shall be public documents available for inspection at the offices of the Board of Education.

History

SOURCE: Final Rulemaking published at 24 DCR 9386 (May 5, 1978).

5-E DCMR § 703 THE BOARD’S NEGOTIATING TEAM

703.1 The negotiating team for the Board of Education shall be approved by the Committee of the Whole upon the written recommendation of the Superintendent of Schools.

703.2 The team shall include a chief negotiator who shall be designated the spokesperson for the Board of Education in all matters pertaining to the negotiations.

703.3 The Board’s negotiating team shall submit its written recommendations for specific initial proposals to the Board of Education and the Superintendent of Schools.

703.4 The recommendations of the Board’s negotiating team shall be discussed and made final in a closed session of the Committee of the Whole prior to being submitted to the labor organization.

703.5 The Board’s negotiating team shall be authorized to negotiate only in the presence of persons specifically authorized by the provisions of this chapter.

History

SOURCE: Final Rulemaking published at 24 DCR 9386, 9387 (May 5, 1978).

5-E DCMR § 704 BOARD BRIEFINGS ON NEGOTIATIONS

704.1 The Board’s chief negotiator shall provide briefing sessions for the Board of Education on the ongoing status of negotiations.

704.2 Briefings shall be held during closed sessions of the Committee of the Whole and shall be held monthly or more frequently at the request of the Committee.

704.3 After any closed briefing session, the Board may direct the chief negotiator to hold a public briefing session on any aspect of the negotiations.

History

SOURCE: Final Rulemaking published at 24 DCR 9386, 9387 (May 5, 1978).

5-E DCMR § 705 NEGOTIATIONS:REQUESTS FOR PUBLIC COMMENT

705.1 At any time during negotiations prior to the declaration of an impasse, the parties may agree to make public their respective positions on any issue(s) and receive written comments from the public during a fifteen (15) day comment period.

705.2 All comments received shall be made public.

History

SOURCE: Final Rulemaking published at 24 DCR 9385, 9387 (May 5, 1978).

5-E DCMR § 706 RATIFICATION OF TENTATIVE AGREEMENTS

706.1 Upon completion of negotiations, including all impasse procedures, the tentative agreement which has been initialed by the Board’s chief negotiator and ratified by the labor organization shall be referred to the appropriate Board committee for recommendation to the Board of Education after the hearing required by § 706.3.

706.2 Upon ratification of the tentative agreement by the labor organization, the tentative agreement shall be made public.

706.3 At the time the tentative agreement is made public, the Board of Education shall give notice of a public hearing which shall be held not less than fifteen (15) days from the date on which the agreement is made public.

706.4 All hearings held pursuant to this section shall be conducted before the Committee of the Whole of the Board of Education.

706.5 Representatives of the labor organization shall be invited to observe the hearings.

706.6 Any member of the public may present comments at the hearing, including employees of the Board of Education.

706.7 Hearings shall be conducted for the purpose of receiving comments only; however, members of the Board may question any speaker for the purpose of clarifying the speaker’s comments.

706.8 Ratification of the tentative agreement by the Board of Education shall be by majority vote, a quorum being present, at either of the following, whichever occurs first:

(a) The regular monthly meeting of the Board next following the public hearing on the tentative agreement; or

(b) A special meeting of the Board called for the purpose of ratification after the public hearing on the tentative agreement.

706.9 Copies of the ratified agreement shall be made available to the public, upon request, from the Superintendent of Schools.

History

SOURCE: Final Rulemaking published at 24 DCR 9386, 9388 (May 5, 1978).

5-E DCMR § 707 IMPASSE RESOLUTION

707.1 Unless specifically modified by the terms of a ratified, effective agreement, the provisions of this section and §§ 708 and 709 shall govern the collective bargaining process in the event of an impasse over the terms of an initial or renewal agreement.

707.2 In the event that the Board and a labor organization fail to reach agreement within thirty (30) days prior to the expiration date of an existing agreement, or fail to reach agreement within thirty (30) days prior to a date mutually set by the parties pursuant to § 702 for reaching an initial agreement, the existence of an impasse shall be automatically declared unless the parties agree to extend the deadline for reaching agreement.

707.3 If the deadline for reaching agreement is extended pursuant to § 707.2, the impasse provisions of that subsection shall apply to any extended deadline, including any deadline agreed upon that is less than thirty (30) days.

707.4 The automatic declaration of an impasse may be recognized by either party submitting to the other party a written proposal for the appointment of a mediator.

707.5 Upon the recognition of an impasse pursuant to this section, the issue(s) in dispute shall be referred for mediation pursuant to the provisions of § 708.

707.6 If no agreement on the issue(s) in dispute is reached after a total of fifteen (15) days on which mediation sessions are held, the issue(s) remaining in dispute shall be referred to fact-finding pursuant to the provisions of § 709.

707.7 After time for mediation has expired, the referral to fact-finding on any issue(s) remaining in dispute may be delayed if the parties agree to a specific deadline beyond the fifteen (15) days provided in this section.

707.8 If the parties fail to reach an agreement after due consideration of the fact- finding report, pursuant to the provisions of § 709, the issue(s) remaining in dispute may be referred to arbitration upon the mutual consent of the parties.

707.9 Referral to arbitration shall be by joint request of the parties to the Federal Mediation and Conciliation Service or to the Board of Labor Relations, for the appointment of an arbitrator.

707.10 The scope of arbitration shall be mutually established by the parties and set forth in the written request for the appointment of an arbitrator.

707.11 No award shall be binding upon the parties unless the written request by the parties specifically states that arbitration shall be “final and binding”.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6466 (February 3, 1978).

5-E DCMR § 708 MEDIATION

708.1 The parties may agree upon the appointment of a mediator. If the parties fail to agree upon the appointment of a mediator within ten (10) days of the date of submission of a proposal for appointment by either party, pursuant to § 707.4, either party may request the Federal Mediation and Conciliation Service or Board of Labor Relations to appoint a mediator.

708.2 A mediator appointed or mutually designated pursuant to the provisions of this section shall be experienced in the mediation of urban government and public school matters.

708.3 The format, date, time, and location of each meeting shall be established by the mediator.

708.4 All meetings shall be held in closed session, as defined in § 707.

708.5 The mediator may meet with both parties separately or in joint session.

708.6 All mediation proceedings shall be confidential and the mediator shall make no public statement on the issue(s) in controversy, unless the statement is authorized in advance by both parties.

708.7 All information, reports, records, documents, and statements made by or submitted to the mediator by either party shall be strictly confidential and shall not be disclosed by the mediator.

708.8 All documents, reports, or other written material prepared by the mediator shall be strictly confidential and shall not be disclosed.

708.9 The mediator shall be authorized to terminate mediation proceedings at any time and may refer the remaining issue(s) in dispute to fact-finding upon a determination that the mediation process will no longer be productive toward the resolution of the disputed issue(s).

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6470 (February 3, 1978).

5-E DCMR § 709 FACT-FINDING

709.1 Fact-finding shall be conducted by a panel of three (3) persons who shall be appointed or selected in accordance with the provisions of this section.

709.2 Within five (5) days of the referral of any issue(s) remaining in dispute to fact- finding, pursuant to the provisions of §§ 707 and 708, each party shall select one (1) member of the fact-finding panel. The panel members selected by the parties shall then meet and select an impartial chairperson.

709.3 The person selected to serve as impartial chairperson shall be experienced in urban government and public school matters.

709.4 If the two (2) panel members selected by the parties, pursuant to § 709.2, are unable to agree upon the appointment of an impartial chairperson within fifteen (15) days of the referral of the issue(s) remaining in dispute to fact-finding, either party may request the Federal Mediation and Conciliation Service or the Board of Labor Relations to provide a list of five (5) qualified persons from which the selection of the impartial chairperson shall be made.

709.5 If the selection of an impartial chairperson is made pursuant to the provisions of § 709.4, the following procedures shall be followed:

(a) Each party shall alternatively strike one (1) name from the list until only one (1) name remains;

(b) The person whose name remains on the list after four (4) names have been struck shall be appointed impartial chairperson of the panel;

(d) The last name struck from the list shall be the alternate panel chairperson in the event that the duly appointed chairperson is unable to serve; and

(e) If both the duly appointed chairperson and the alternate are unable to serve, a new list of five (5) names shall be obtained.

709.6 Any person who has acted as a mediator in the immediate proceedings which are the subject of fact-finding shall be ineligible to serve on the fact-finding panel.

709.7 The fact-finding panel shall be authorized to hold hearings and adopt procedural rules.

709.8 All fact-finding sessions shall be open to the public.

709.9 The format, date, and location of each fact-finding hearing shall be established by the impartial chairperson, and shall be announced in a public notice by the Board of Education.

709.10 A verbatim record of the fact-finding proceedings may be required at the discretion of the impartial chairperson. If a verbatim record is made, transcripts shall be available to either party at the expense of the party requesting the transcript.

709.11 All costs or expenses associated with a panel member selected by a party shall be borne by the party making the selection.

709.12 The costs of the impartial chairperson, including the per diem expenses, shall be borne in equal shares by the Board and the labor organization.

709.13 Upon the conclusion of all hearings and deliberations of the panel, the panel shall prepare and issue a written public report which shall be submitted to the parties.

709.14 The fact-finding report shall state the findings, conclusions, and recommendations of the panel, along with the reasons for each. The report shall be limited to a discussion of the issue(s) in dispute which have been submitted to the panel.

709.15 The recommendations in the report are advisory only and do not bind the Board or the labor organization.

709.16 The report shall indicate by name the members of the panel who concur in each recommendation.

709.17 Copies of the report shall be available upon request from the Board.

709.18 In preparing its findings and recommendations, the panel shall consider the following:

(a) The interests of the affected employees;

(b) The governmental authority and responsibilities of the Board to control and operate the Public Schools;

(d) The conditions within the community relevant to the relationship between the parties;

(e) All applicable statutes and regulations; and

(f) Other factors pertinent to the issue(s) in dispute.

709.19 Within five (5) days of the receipt of the report of the fact-finding panel, the Board and labor organization shall meet, through their respective negotiating teams, to discuss the report.

709.20 At any time after the submission of the report to the parties, any member of the fact-finding panel may assist the parties to reach agreement on the issue(s) remaining in dispute.

709.21 The parties shall have fifteen (15) days from the date of the final adjournment of the meeting on the report held pursuant to § 709.20 to take action on the panel’s recommendations.

History

SOURCE: Final Rulemaking published at 24 DCR 9386, 9389 (May 5, 1978).

5-E DCMR § 799 DEFINITIONS

799.1 The provisions of Chapter 6, § 699 (“Definitions”), of this title are incorporated in this section by reference. The terms and phrases defined in that section shall have the same meanings when used in this chapter.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6449 (February 3, 1978).

5-E8 EMPLOYEE GRIEVANCE PROCEDURES

5-E DCMR § 800 GENERAL PROVISIONS

800.1 A uniform grievance procedure shall be followed for the resolution of all grievances arising out of misunderstanding, disagreement, concern, dissatisfaction, or other conflict with regard to an employee’s own conditions of employment, as set forth in § 801.

800.2 The resolution of conflict, the prompt and equitable relief of personal concerns, and the redress of grievances in a fair and objective manner are the responsibility of all employees of the D.C. Public Schools.

800.3 The submission of a grievance in good faith by an employee shall not be considered an act of disloyalty or insubordination.

800.4 The submission of a grievance, in and of itself, shall not be considered a reflection upon the employee’s supervisor, the management of the D.C. Public Schools, or the Board of Education.

800.5 An employee who submits or seeks to submit a grievance in accordance with the provisions of this chapter shall not be impeded or discouraged, nor shall the employee be subjected to any restraint, interference, coercion, reprisal, or discrimination in connection with a grievance.

800.6 In addition to the right of self-representation, an employee shall have the right to have any person, including legal counsel, represent or accompany the employee at any stage of the formal grievance process, as set forth in §§ 804 through 806.

800.7 If legal counsel is obtained by an employee, that representation shall be at the expense of the employee.

800.8 All time limits set forth in §§ 802 through 806 may be extended by mutual consent of the employee and the supervisor or other official with whom the grievance is filed. Unless the time limits are extended, they shall be strictly observed by the parties.

800.9 The decision of a supervisor or other official shall be final unless reversed, in whole or in part, in any stage of the grievance procedure.

800.10 All conferences and hearings held pursuant to these grievance procedures shall be closed to the public unless all parties to the grievance agree to hold an open session.

800.11 Each conference or hearing held pursuant to these grievance procedures shall be scheduled at a time and place that will afford all parties entitled to be present, including witnesses, a fair and reasonable opportunity to attend.

800.12 When any conference or hearing held pursuant to these grievance procedures is scheduled during working hours, all employees who are entitled to be present at the conference or hearing shall be excused with pay for that purpose.

800.13 The fact that a grievance has been filed by an employee, regardless of the nature of the grievance or its ultimate disposition, shall not be made a part of the employee’s personnel file.

800.14 The fact that a grievance has been filed by an employee, regardless of the nature of the grievance or its ultimate disposition, shall not be made a part of any file, record, or material that is utilized in any promotion or evaluation process.

800.15 The fact that a grievance has been filed by an employee, regardless of the nature of the grievance or its ultimate disposition, shall not be made a part of or used in connection with any application or recommendation for employment or job placement.

800.16 The Superintendent of Schools shall be authorized to utilize the services of an impartial hearing officer to hear and decide Step 3 grievances, pursuant to § 806 of this chapter.

800.17 The utilization of an impartial hearing officer shall be pursuant to the following provisions:

(a) The hearing officer shall be the designee of the Superintendent of Schools for the purposes of § 806; and

(b) The hearing officer shall have qualifications and training appropriate to the subject area of the hearing(s) to which he or she is assigned.

800.18 The impartial hearing officer shall be assigned to hearings on a rotation basis from a roster of available hearing officers.

800.19 Openings on the roster of hearing officers designated by the Superintendent of Schools shall be filled from among the qualified list of applicants. The openings shall be publicly advertised.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 31-120 (2001).
SOURCE: Final Rulemaking published at 24 DCR 1068 (July 29, 1977); as amended by Final Rulemaking published at 25 DCR 7222 (February 2, 1979).

5-E DCMR § 801 APPLICABILITY AND COVERAGE OF GRIEVANCE PROCEDURES

801.1 The grievance procedures set forth in this chapter shall be utilized for grievances that arise out of any misunderstanding, disagreement, dissatisfaction, concern, or other conflict with regard to an employee’s own conditions of employment if the matter is within the control of the Board of Education or the Superintendent of Schools and his or her subordinates, except as provided otherwise by this section. This procedure may be utilized for grievances alleging incidents of harassment and/or sexual harassment. In grievances alleging incidents of harassment or sexual harassment, the grievant may elect to utilize this procedure or the alternative procedures of § 807.

801.2 The grievance procedures set forth in this chapter shall apply to all employees of the Board of Education, except the following:

(a) Employees within recognized bargaining units (labor organizations) with which a negotiated agreement on grievance procedures has been ratified and is in force at the time the grievance is filed; or

(b) Employees of the office staff of the Board of Education.

801.3 Notwithstanding the provisions of § 801.2(a), if negotiated grievance procedures do not cover a grievance that is covered by this chapter, an employee may use the grievance procedures set forth in this chapter.

801.4 The grievance procedures set forth in this chapter shall not apply to any adverse action, as defined in chapter 9.

801.5 The grievance procedures set forth in this chapter shall not apply to grievances that arise out of any of the following:

(a) Any matter for which a separate and distinct appeal procedure is provided by the rules of the Board of Education or the laws of the District of Columbia;

(b) Any matter that is subject to administrative appeal to, and final determination by, any official or agency outside of the Public Schools, including any agency or official of the federal government; except that, this section is not intended to prohibit the filing of a grievance by an employee who also has the right to appeal to the D.C. Office of Employee Appeals;

(c) The content of the rules of the Board of Education; however, this exception shall not preclude grievances that arise out of the application of Board rules;

(d) Nonselection for promotion or appointment to any position from a group of duly ranked and certified eligible candidates;

(e) The application or interpretation of the provisions of a duly negotiated and ratified collective bargaining agreement;

(f) Any action rescinding a temporary promotion or appointment, if that action meets both of the following requirements:

(1) The action is taken within two (2) years of the effective date of the temporary promotion or appointment; and

(2) The action either returns the employee to the position held prior to the temporary assignment or to a different position which is not at a lower grade or level than the position held prior to the temporary assignment.

(g) Failure of a supervisor, the administration of the Public Schools, or the Board of Education to adopt or enact a suggestion or proposal submitted by an employee; or

(h) Failure of an employee to receive a merit step increase, performance award, or any other honorary or discretionary award or recognition.

History

SOURCE: Final Rulemaking published at 24 DCR 1068, 1070 (July 29, 1977); as amended by Final Rulemaking published at 37 DCR 2125 (March 30, 1990); and by Final Rulemaking published at 49 DCR 7513 (August 2, 2002).

5-E DCMR § 802 WITHDRAWAL, TERMINATION, AND FORFEITURE OF GRIEVANCES

802.1 A grievance filed pursuant to this chapter may be withdrawn at any time at the request of the employee or the employee’s representative.

802.2 A grievance shall be deemed to have been withdrawn if the relief sought by the employee has been provided.

802.3 The termination of an employee’s employment with the D.C. Public Schools shall automatically terminate any pending grievance, unless the relief sought by the employee through these grievance procedures can be granted to the employee after the termination of employment.

802.4 The death of an employee shall automatically terminate any pending grievance, unless the grievance involves a conflict over back pay which is alleged to be due and owing to the employee at the time of death.

802.5 An employee whose grievance is covered by this chapter shall forfeit the right to file or pursue the grievance if the employee fails to follow these procedures, except as provided otherwise by this section.

802.6 An employee who fails to follow the proper procedures for filing a grievance shall not forfeit the right to file a grievance if the employee was not informed of the proper grievance procedures. The employee shall have ten (10) working days after being informed of the proper procedures to file the grievance in a proper manner.

802.7 An employee who has been misinformed as to the applicability of these procedures by the employee’s supervisor, or other school official who is responsible for providing information on the applicability of these procedures, shall not forfeit the right to file a grievance. The employee shall have ten (10) working days after being informed of the proper applicability of these procedures to file the grievance in a proper manner.

History

SOURCE: Final Rulemaking published at 24 DCR 1068, 1072 (July 29, 1977).

5-E DCMR § 803 INFORMAL GRIEVANCE SETTLEMENT PROCEDURES

803.1 All grievances shall be raised initially at the level where the conflict or situation giving rise to the grievance occurred.

803.2 An employee shall exhaust the informal grievance settlement procedures set forth in this section before filing a formal STEP 1 grievance.

803.3 The informal grievance settlement procedures shall be initiated by the employee within ten (10) working days of the time at which the grievance arose.

803.4 An employee shall initiate the informal grievance settlement procedures by presenting the grievance to the employee’s immediate supervisor, either orally or in writing.

803.5 If the grievance has arisen from the action of an Assistant Superintendent, division head, or an office director, rather than from the action of the employee’s immediate supervisor, the employee shall be referred to the appropriate official by the immediate supervisor to whom the grievance is initially presented.

803.6 The employee shall present the grievance, either orally or in writing, to the appropriate Assistant Superintendent, division head, or office director.

803.7 The time limit for filing the grievance, set forth in § 803.3, shall be deemed to have been met by the filing of the grievance with the immediate supervisor, regardless of any subsequent referral and presentation of the appropriate official.

803.8 Within three (3) working days of the presentation of the grievance, either initially or pursuant to a referral, the supervisor or other official to whom the grievance has been presented shall hold an informal conference with the employee in an effort to resolve the grievance expeditiously.

803.9 Within two (2) working days after the informal conference is held, the supervisor or other official shall give an oral answer to the employee on the grievance.

803.10 If an employee does not receive an answer to the grievance within two (2) days of the informal conference, the employee shall have the right to file a STEP 1 formal grievance immediately, pursuant to § 604.

History

SOURCE: Final Rulemaking published at 24 DCR 1068, 1073 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180 (January 6, 1989).

5-E DCMR § 804 FORMAL GRIEVANCE PROCEDURES: STEP 1

804.1 If the grievance is not resolved to the satisfaction of the employee by the informal grievance settlement process, as set forth in § 803, the employee may follow the formal grievance procedures.

804.2 An employee shall initiate the formal grievance process by submitting the grievance in writing to the same person to whom the informal grievance was presented, pursuant to §§ 803.4 or 803.5.

804.3 An employee shall file the formal written STEP 1 grievance within five (5) working days of the receipt of the oral answer to the informal grievance, or within five (5) working days of the date when an answer should have been received.

804.4 The formal written grievance shall be called a “Statement of Grievance.” The Statement of Grievance shall contain sufficient detail to clearly identify and explain the facts and circumstances that are the basis of the grievance.

804.5 The Statement of Grievance shall specify the relief or solution to the conflict being sought by the employee.

804.6 Within three (3) working days of the receipt of the Statement of Grievance, the supervisor or other official to whom the formal grievance is presented shall hold a conference with the employee for the purpose of attempting to resolve the grievance.

804.7 The employee’s representative or counsel, if any, may be present and participate in the STEP 1 conference.

804.8 The supervisor or other official conducting the STEP 1 conference may have other persons present at the conference who are relevant to the resolution of the grievance.

804.9 The supervisor or other official conducting the STEP 1 conference shall give to the employee a written answer to the grievance within two (2) working days of the conference.

804.10 If the employee does not receive a written answer to the grievance within two (2) working days of the STEP 1 conference, the employee shall have the right to pursue the STEP 2 grievance procedures, pursuant to § 805.

History

SOURCE: Final Rulemaking published at 24 DCR 1068, 1074 (July 29, 1977).

5-E DCMR § 805 FORMAL GRIEVANCE PROCEDURES: STEP 2

805.1 If the STEP 1 grievance process, as set forth in § 804, does not resolve the grievance to the satisfaction of the employee, the employee may follow the STEP 2 grievance procedures set forth in this section.

805.2 An employee shall initiate the STEP 2 grievance procedures by filing the following materials with the appropriate Assistant Superintendent, division head, or office director:

(a) A copy of the Statement of Grievance filed in the STEP 1 process;

(b) A copy of the written answer received in reply to the STEP 1 grievance, if any; and

(c) A written statement explaining whether the grievance is unresolved or partially resolved and, if partially resolved, what further relief or solution to the grievance is sought by the employee.

805.3 An employee shall file the STEP 2 grievance within five (5) working days of the receipt of the written answer to the STEP 1 grievance, or within five (5) working days of the date when the written answer should have been received.

805.4 The Assistant Superintendent or other official to whom the STEP 2 grievance is submitted shall hold a STEP 2 conference with the employee and other persons involved in the STEP 1 process, including the employee’s representative, if any. The STEP 2 conference shall be held within five (5) working days of the receipt of the STEP 2 grievance.

805.5 The Assistant Superintendent or official conducting the STEP 2 conference shall give to the employee a written answer to the grievance within five (5) working days of the conference.

805.6 If the employee does not receive a written answer to the grievance within five (5) working days of the STEP 2 conference, the employee shall have the right to pursue the STEP 3 grievance procedures, pursuant to § 806.

805.7 At the STEP 2 conference, one (1) person shall be designated as chief spokesperson on each side; however, this shall not preclude the participation of any person attending the conference pursuant to § 805.4.

History

SOURCE: Final Rulemaking published at 24 DCR 1068, 1075 (July 29, 1977); as amended by Final Rulemaking published at 35 DCR 180 (January 6, 1989).

5-E DCMR § 806 FORMAL GRIEVANCE PROCEDURES: STEP 3

806.1 If the STEP 2 grievance process, as set forth in § 805, does not resolve the grievance to the satisfaction of the employee, the STEP 3 grievance procedures set forth in this section may be followed by the employee.

806.2 An employee shall initiate the STEP 3 grievance procedures by filing the following materials with the Superintendent of Schools:

(a) A copy of the Statement of Grievance filed in the STEP 1 and the STEP 2 processes;

(b) A copy of the written answers received in reply to the grievance at STEP 1 and STEP 2, if any; and

(c) A written statement explaining whether the grievance is unresolved or partially resolved and, if partially resolved, what further relief or solution to the grievance is sought by the employee.

806.3 An employee shall file the STEP 3 grievance within five (5) working days of the receipt of the written answer to the STEP 2 grievance, or within five (5) working days of the date when the written answer should have been received.

806.4 The Superintendent of Schools or his or her designee shall hold a STEP 3 hearing on the grievance within ten (10) working days of the receipt of the STEP 3 grievance.

806.5 The STEP 3 hearing shall include the employee; the employee’s representative, if any; and any other persons involved in the STEP 1 and STEP 2 processes or relevant to the resolution of the grievance who may be designated by the Superintendent or his or her designee to appear at the hearing.

806.6 At the STEP 3 hearing, one (1) person shall be designated as the chief spokesperson on each side; however, this shall not preclude the participation of any person attending the hearing pursuant to § 806.5.

806.7 The Superintendent or his or her designee shall give to the employee a written decision on the grievance within ten (10) working days of the STEP 3 hearing.

806.8 The written decision of the Superintendent of Schools or his or her designee shall be the final decision of the D.C. Public Schools on the grievance.

History

SOURCE: Final Rulemaking published at 24 DCR 1068, 1078 (July 29, 1977).

5-E DCMR § 807 GRIEVANCES ALLEGING HARASSMENT

807.1 The following procedure, at the complainant’s option, shall apply to all grievances alleging incidents of harassment and/or sexual harassment:

(a) Complaints of harassment and/or sexual harassment filed by an employee will be accepted orally or in writing by the building principal (or department head if the employee is not school-based), as soon as practicable after the last act of alleged harassment. If the complaint is presented orally, the principal shall prepare a written report of the conversation with the employee and shall have the employee review and sign such written report. All complaints and information contained therein will be kept confidential to the extent possible. If any person responsible for overseeing or investigating harassment or sexual harassment complaints is implicated in the complaint, or has any actual or perceived conflict of interest, the complaint may be made directly to the Assistant Superintendent with jurisdiction over the school where the employee is based for action.

(b) This procedure shall be initiated by an oral or written complaint containing the following information to the extent known by the complainant; provided, however, that this procedure shall be deemed initiated despite the omission of any item or items of information:

(1) The name and position of the complainant;

(2) The date, approximate time, and location of the incident;

(3) What type of harassment was involved in the incident;

(4) The identity of the person(s) who committed the alleged acts of harassment;

(5) If the alleged harassment was directed towards other person(s), the identities of such persons;

(6) Whether any witnesses were present, and their identities; and

(7) A specific factual description of the incident, including any verbal statements or physical contact.

(c) The principal or department head is responsible for ensuring that all complaints are properly processed in accordance with these procedures, but may delegate the processing of harassment and sexual harassment complaints. The principal/department head or designee is required to take the following actions:

(1) Within one (1) school day – schedule and complete a confidential discussion of the allegations with the complainant. The subject of the allegations shall not be notified of or be present during such discussion.

(2) Within thirty (30) days - the principal/department head or designee shall complete his/her investigation and prepare a written report that includes a finding as to whether the allegations of harassment and/or sexual harassment are substantiated. The report shall reflect the results of the investigation, which investigation shall include, but not be limited to, the following matters: 1) interview with the complainant(s) 2) interviews with the subject(s) 3) interviews with employees and others (including students) who have knowledge of the facts alleged in the complaint and 4) review of all pertinent records. The report shall be provided to all parties to the complaint. If the principal/department head or designee is unable to complete such report within thirty days, he/she shall notify the complainant and the Assistant Superintendent with jurisdiction over the employee’s school, who shall than become responsible for the completion of the investigation within ten (10) days.

(d) Within ten (10) days of the issuance of the report, the complainant may file a written grievance with the Assistant Superintendent with jurisdiction over the employee’s school or the Superintendent as appropriate. If such a grievance is filed, the formal hearing process specified in §§ 804-806 shall apply.

History

SOURCE: Final Rulemaking published at 49 DCR 7513, 7513-15 (August 2, 2002).

5-E9 PUBLIC CHARTER SCHOOL POLICIES

5-E DCMR § 900 AUTHORITY

900.1 The District of Columbia School Reform Act of 1995, as amended, establishes the chartering authority of the District of Columbia Board of Education.

900.2 The powers and duties of the chartering authority are set forth in section 2211 of the District of Columbia School Reform Act.

900.3 The Board of Education shall monitor the operations of each public school to which it has granted a charter.

900.4 The Board of Education shall ensure that each public charter school complies with applicable laws and the provisions of the charter granted to the school.

900.5 The Board of Education shall monitor the progress of each public charter school in meeting student academic achievement expectations specified in the charter granted to the school.

900.6 The Board of Education may require a public charter school to which it has granted a charter to produce any book, record, paper, or document, if the Board determines that such production is necessary for the Board to carry out its functions pursuant to the D.C. School Reform Act.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia School Reform Act of 1995, as amended, Pub. L. No. 104-134, 110 Stat. 1321- 107 (1996) and the November 15, 1996 Order of the District of Columbia Financial Responsibility and Management Assistance Authority.
SOURCE: Final Rulemaking published at 48 DCR 1694 (February 23, 2001).

5-E DCMR § 901 FEES

901.1 The Board of Education shall charge each eligible applicant a fee not to exceed one hundred fifty dollars ($150) for processing the petition/application to establish a public charter school. Applications submitted without the requisite fee shall be returned to the eligible applicant.

901.2 The Board of Education will charge each school to which it has granted a charter an administrative fee of one-half (½) of one percent (1%) of the annual budget of the school to cover the cost of undertaking the ongoing administrative responsibilities related to the chartering authority’s functions. Each public charter school shall pay the administrative fee not later than November 15th of each year.

901.3 The annual budget shall be defined as the local appropriation based on the per pupil student enrollment. In such cases as the payment of local appropriation is delayed, the date for payment of the administrative fee shall be adjusted accordingly.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1695 (February 23, 2001).

5-E DCMR § 902 ANNUAL REPORT

902.1 On or before July 30th of each year, the Board of Education shall submit to the Mayor, the District of Columbia Council, the Secretary of Education, the appropriate congressional committees, and the Consensus Commission, an annual report that meets the requirements of section 1211((d) of the D.C. School Reform Act.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1695 (February 23, 2001).

5-E DCMR § 903 APPLICATIONS TO ESTABLISH PUBLIC CHARTER SCHOOLS

903.1 Not later than December 31st of each year, the Board of Education shall publish guidelines and the timeline for submission of applications to establish public charter schools in September of the year following approval and one year of planning. The portion of this subsection requiring publication of guidelines and timeline by December 31st shall not apply in calendar years 2004 and 2005; provided, however, that the Board shall comply with the requirements of this subsection not later than October 1, 2005. For the year 2006 and all subsequent years, the December 31st publication date will apply.

903.2 Such guidelines and process shall be in accordance with the D.C. School Reform Act of 1995, as amended, and shall specify the types of programs/schools needed to complement existing public education programs in the District of Columbia.

903.3 Eligible applicants shall submit to the Board of Education applications petitions to establish public charter schools not later than March 10th of the calendar year following issuance of the application guidelines.

903.4 Not later than April 15th following receipt of the applications, the Board of Education shall conduct one or more public hearings to get additional information on the applications to establish public charter schools.

903.5 Eligible applicants may be requested to submit additional information to assist the Board in determining that the applicant has the ability to meet the educational objectives outlined in the petition. Such additional information shall be submitted as an amendment to the original application not later than April 30th following the public hearing.

903.6 The Board of Education shall vote to approve or deny applications to establish public charter schools during its regular stated meeting in May following the public hearing.

903.7 The Board of Education will conduct a series of monthly seminars and/or workshops for the trustees of the approved public charter schools, beginning in June of the year of approval through June of the year following approval, to assist trustees in ensuring governance stability, fiscal viability, and effective programs leading to success for all students.

903.8 By June 30th of the year following approval of the public charter school, the Board of Education and the Trustees of the public charter school shall enter into a contractual agreement, that with the approved application and approved amendments, shall constitute the charter.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1695-96 (February 23, 2001); as amended by Final Rulemaking published at 52 DCR 2437 (March 11, 2005).

5-E DCMR § 904 REQUIREMENTS OF FULL APPROVAL

904.1 Public charter schools approved by the Board of Education in May of one calendar year shall not open until September of the following calendar year in order to allow a full year of planning and assurance of readiness for implementing a quality educational program.

904.2 Each applicant to whom the Board of Education has granted charter School approval shall meet all requirements and conditions outlined by the Board in its letter of approval and contract by the date(s) specified. Failure to meet any and all requirements and/or conditions outlined by the Board of Education shall render the Board’s approval null and void, and such school shall not open as a public charter school authorized by the Board of Education.

904.3 Such applicant will be informed of the date by which the application may be resubmitted for consideration by the Board of Education.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1696 (February 23, 2001).

5-E DCMR § 905 CONDITIONAL APPROVAL

905.1 In the case of a petition that does not contain the identification and information required (concerning documentation of the acquisition of an appropriate facility) (section 2202(6)(B)(i) of the D.C. School Reform Act), but does contain the timetable required under section 2202(6)(B)(ii) of the D.C. School Reform Act, the eligible chartering authority may only approve the petition on a conditional basis, subject to the eligible applicant’s submitting the identification and information described in section 2202(6)(B)(i) of the D.C. School Reform Act, in accordance with such timetable, or any other timetable specified in writing by the eligible chartering authority in an amendment to the petition. (D.C. School Reform Act, section 2203).

905.2 For purposes of subsections (e), (h), (i), and (j), as amended, a petition conditionally approved under this paragraph shall be treated the same as a petition approved under paragraph (1) of section 2203, except that on the date that such a conditionally approved petition ceases to be conditionally approved because the eligible applicant has not timely submitted the identification and information described in section 2202(6)(B)(i), the approval of the petition shall cease to be counted for purposes of subsection (i). (D.C. School Reform Act, section 2203)

905.3 If, during the conditional approval period, the Board of Education determines that a conditionally approved applicant/interim board of trustees has committed a violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in its (draft) charter; has engaged in a pattern of non-adherence to generally accepted accounting principles; or has engaged in a pattern of fiscal mismanagement with respect to the planning grant or other funds received; the school shall not be granted full approval and shall not open as a public charter school authorized by the Board of Education.

905.4 Section 905.2 as stated above, shall apply, and the applicant shall be so notified in writing by the Board of Education.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1696-97 (February 23, 2001).

5-E DCMR § 906 OPENING OF A PUBLIC CHARTER SCHOOL

906.1 A public charter school that has been granted full approval by the Board of Education shall not open as a public charter school until the Board has issued a letter authorizing such. Such clearance shall be based on the fulfillment of all requirements including the facility inspection by the District government and a certificate of occupancy. (See § 931)

906.2 Within ten (10) days of the submission of documentation of readiness for opening by the public charter school and not later than thirty (30) days prior to the scheduled opening for students, the Board of Education shall issue a letter authorizing the approved public charter school to open.

906.3 A public charter school applicant/interim board of trustees that opens a “public charter school” without full approval of the Board and/or in violation of its charter shall not be recognized as a public charter school and shall not be entitled to local appropriations or other funds that accrue to public charter schools.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1697-98 (February 23, 2001).

5-E DCMR § 907 UNAUTHORIZED OPERATION OF A SCHOOL AS A PUBLIC CHARTER SCHOOL

907.1 Applicants/interim trustees who open a school in the name of “public charter school” in the District of Columbia without full approval of the chartering authority may be subject to criminal penalties.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1698 (February 23, 2001).

5-E DCMR § 908 SCHOOL GOVERNANCE

908.1 Each public charter school shall be governed by a Board of Trustees elected or selected pursuant to the charter granted to the school. The Board of Trustees shall be legally responsible for the economic and educational viability of the public charter school.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1698 (February 23, 2001).

5-E DCMR § 909 THE BOARD OF TRUSTEES

909.1 The composition of and membership on the Board of Trustees shall be in accordance with section 2205 of the D.C. School Reform Act of 1995, as amended.

909.2 The interim Trustees shall be listed as Trustees/Directors in the Articles of Incorporation and shall have full legal and fiduciary responsibility for the school. As changes in the composition of the Board of Trustees are made, information on such changes shall be submitted to the Board of Education within fifteen (15) days. The contract between the Board of Education and the Trustees will be amended accordingly.

909.3 The Trustees shall ensure appropriate annual filing with the District of Columbia Regulatory Affairs Office.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1698 (February 23, 2001).

5-E DCMR § 910 INTERIM BOARD OF TRUSTEES

910.1 Each applicant to establish a public charter school shall establish an interim Board of Trustees prior to receiving approval by the Board of Education.

910.2 Such an interim Board of Trustees may exercise all the powers, and shall be subject to all the duties of a Board of Trustees pursuant to the D.C. School Reform Act of 1995, as amended.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1698 (February 23, 2001).

5-E DCMR § 911 FIDUCIARY RESPONSIBILITIES

911.1 The Board of Trustees shall be fiduciaries of the school, shall set overall policy for the school, and may make final decisions on matters related to the operations of the school, consistent with the charter granted to the school, the D.C. School Reform Act of 1995, as amended, and other applicable laws.

911.2 While it is recognized that the Board of Trustees will not perform day-to-day fiscal management functions, the Board of Trustees is accountable for the public charter school’s utilization of sound fiscal management practices and adherence to generally accepted accounting principles.

911.3 Should the Trustees elect to contract with a management company, the Trustees will adhere to the contracting requirements of the D.C. School Reform Act of 1995, as amended, section 2204(c).

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1698-99 (February 23, 2001).

5-E DCMR § 912 REPORTING REQUIREMENTS

912.1 Each applicant to establish a public charter school/interim Trustees shall, prior to approval, provide the names, a resume, and a police clearance for each person who will have any responsibility for management of the school’s funds. Should there be a proposed change in fiscal responsibility, the Trustees shall submit to the Board the names, background clearance, resume, and specific function of identified persons.

912.2 Prior to final approval of the public charter school, the Trustees shall submit, for Board review, a detailed financial management plan that includes, but may not be limited to, the following:

(a) Name, resume, and background clearance for the person responsible for day-to- day fiscal management;

(b) Procedures, roles and responsibilities for financial management from the point at which funds are received, to deposits and approval of expenditures, and signatories on bank accounts;

(c) Names, positions, and specific functions of all persons who will have any involvement in fiscal matters of the school;

(d) Accountability process for tracking and ensuring checks and balances;and

(e) Provision for cash management controls, regular financial reviews, and annual audits.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1699 (February 23, 2001).

5-E DCMR § 913 ACCOUNTABILITY

913.1 Each public charter school shall develop an accountability plan with measurable performance targets for at least a five-year period. The plan shall include baseline data and indicators of incremental gains on at least an annual basis.

913.2 Performance targets shall include areas such as the following:

(a) Student achievement as measured by Stanford 9, as well as results of alternative assessments, and other documentation of student achievement;

(b) Graduation rates;

(d) Attendance rates; and

(e) College admissions/enrollment in other postsecondary institutions;

(f) Attendance rates

(g) Other.

913.3 Management goals also shall be included in the accountability plan.

913.4 The draft accountability plan shall be submitted to the Board of Education at least ninety days prior to the opening of school and shall be refined during the first year of operation, including the addition of baseline student data and student achievement targets following the first administration of the citywide assessment. The accountability plan shall be dynamic with regular updating, as needed.

913.5 The Executive Director for Public Charter Schools shall review the accountability plan, provide feedback to the public charter school, and provide assistance to the charter school, as needed, in refining the accountability plan.

913.6 Each school shall report annually on progress toward achieving the performance targets. Such reports shall reflect annual progress as well as longitudinal progress over the immediate five years of the charter.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1699-1700 (February 23, 2001).

5-E DCMR § 914 CHILD DEVELOPMENT LICENSE

914.1 Each public charter school which offers a preschool or pre-kindergarten program shall be subject to the same child care licensing requirements which apply to a District of Columbia public school which offers such a program.

914.2 The Executive Director for Public Charter Schools shall inquire of the District of Columbia Regulatory Affairs Office, on behalf of the Board of Education, in cases in which schools are unable to determine the reasons for not meeting such licensing requirements as referenced in § 914.1.

914.3 Failure of a public charter school to meet child care licensing requirements referenced in § 914.1 by the first date on which the preschool or prekindergarten program commences shall constitute a material violation of applicable laws and the school’s charter and will place the charter at risk of revocation.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1700-01 (February 23, 2001).

5-E DCMR § 915 ADMISSIONS

915.1 Enrollment in a public charter school shall be open to all students who are residents of the District of Columbia and, if space is available, to nonresident students who meet the tuition requirements of the District of Columbia.

915.2 A public charter school may not limit enrollment on the basis of a student’s race, color, religion, national origin, language spoken, intellectual or athletic ability, measures of achievement or aptitude, or status as a student with special needs. A public charter school may limit enrollment to specific grade levels.

915.3 If a public charter school has more applications to enroll in the school from students who are residents of the District of Columbia than there are available spaces, students shall be admitted using a random selection process. The documentation and results of the random selection process and a list of students on the waiting list as a result of such shall be available for review by the Board. The public charter school may give priority to the siblings of students enrolled in the school.

915.4 Beginning on the date that a petition is filed by an eligible applicant seeking to convert an existing school, the school may give priority to:

(a) Students enrolled in the school at the time the petition is granted;

(b) The siblings of students described in paragraph (a) above;

(c) In the case of the conversion of a District of Columbia public school, students who reside within the attendance boundaries, if any, in which the school is located.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1701 (February 23, 2001).

5-E DCMR § 916 REGISTRATION - PROOF OF DISTRICT RESIDENCY

916.1 Parents of students enrolling in public charter schools must take the following documents to the school, and the school shall maintain a checklist of the documents reviewed by the principal/designee with the date of such review and the signature of the reviewer:

(a) Three (3) documents showing that the parent/legal guardian is a resident of the District of Columbia. One of the documents must be:

(1) Proof of payment of D.C. personal income tax during the last tax period;

(2) A current tax withholding statement which contains the applicant’s name; or

(3) Current official documentation of financial assistance from the District (such as temporary assistance for needy families or housing assistance).

(b) The other documents can be any two (2) of the following, and each must contain the parent/guardian’s name and the D.C. residential address and the address listed as the student’s residence on school forms:

(1) Valid D.C. driver’s license or non-driver’s identification;

(2) Vehicle registration;

(3) Valid, unexpired lease and rent receipts for a period within two (2) months immediately preceding consideration of residency;

(4) Deed/title to the property of residence;

(5) D.C. voter registration card; and

(6) Utility bills with paid receipts or cancelled checks from a period within the two (2) months immediately preceding enrollment.

(c) The school cannot inquire relative to the parents’ citizenship or immigration status when the student is registered and proof of residence is shown;

(d) Parents who are in the military and are assigned to a military base in the District of Columbia may present the military housing orders; and

(e) Wards of D.C. - In the case of a youth who is a ward of the District of Columbia court system but resides outside of the District, the school must have proper documentation on file, such as a signed court order placing the student in a facility/home in Virginia or Maryland.

(f) An alternative form of verification of residence may include a written statement from a DHS assigned social worker.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1701-03 (February 23, 2001).

5-E DCMR § 918 STUDENT RECORDS

918.1 Each public charter school shall ensure the security, confidentiality and orderliness of all students’ records and shall ensure that a cumulative record is on file for each student.

918.2 Upon a student’s transfer from a charter school to a D.C. Public School, or from a D.C. Public School to a charter school, a copy of the student’s records shall be transferred immediately to the receiving school.

918.3 Within three (3) days of a student’s enrollment in the public charter school, the school shall request, in writing, that the student’s former school forward a copy of the student’s records.

918.4 If the public charter school does not receive the student’s record within ten (10) days following the student’s enrollment in the public charter school, the public charter school shall make a second request for the records, a copy of which shall be forwarded to the Superintendent of Schools and to the Executive Director, Public Charter Schools, District of Columbia Board of Education:

918.5 The public charter school shall establish a temporary file/record for the student until a copy of the permanent record has been received;

918.6 The public charter school shall place pertinent information, including copies of report cards and/or other documents, upon which the student’s placement in the appropriate educational program or grade designation was based.

918.7 The Executive Director, Public Charter Schools, shall provide to the Board of Education during its monthly meetings, a monthly report, from each public charter school, listing all students for whom records have not been received.

918.8 The Executive Director, Public Charter Schools, shall serve as the liaison between the public charter school and the DCPS administration to ensure the transfer of students’ records.

918.9 All students’ records shall be stored securely.

918.10 Public charter schools shall maintain a copy of each student’s records as long as the public charter school is in operation.

918.11 Should a charter school cease operations for any reason, all students’ records shall become the property of the District of Columbia Public Schools.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1704 (February 23, 2001).

5-E DCMR § 919 STUDENT IDENTIFICATION NUMBERS

919.1 Each student enrolled in a public charter school shall be assigned an identification number issued by the District of Columbia Public School System (DCPS). Such identification number shall include a charter school identifier code.

919.2 Students who transfer to a public charter school from the DCPS shall maintain the student identification number assigned while enrolled in the DCPS. The charter school identifier shall be added.

919.3 The DCPS will issue new identification numbers with the charter school identifier code to students who enroll in public charter schools from parochial, private and out-of-state schools and students who are enrolling in school for the first time.

919.4 Expenses, if any, associated with the issuance of student identification numbers to students enrolled in public charter schools shall be borne by the public charter school.

919.5 Each student shall maintain the same identification number while enrolled in any public school (public charter or DCPS) in the District of Columbia.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1705 (February 23, 2001).

5-E DCMR § 920 ACCREDITATION OF PUBLIC CHARTER SCHOOLS

920.1 Each public charter school shall seek, obtain, and maintain accreditation from at least one of the following:

(a) The Middle States Association of Colleges and Schools;

(b) The Association of Independent Maryland Schools;

(d) The Virginia Association of Independent Schools;

(e) American Montessori Internationale;

(f) The American Montessori Society;

(g) The National Academy of Early Childhood Programs; or

(h) Any other accrediting body deemed appropriate by the eligible chartering authority that granted the charter to the school.

920.2 A public charter school shall initiate the process for accreditation within the first one hundred twenty (120) days of opening and attain accreditation within five years of opening.

920.3 Documentation of the initiation of the accreditation process and annual reports of progress shall be provided to the Board.

920.4 If the school faces any barriers to accreditation, or the accreditation association determines that the school will require more than five (5) years to attain accreditation, the public charter school shall inform the Board immediately and provide documents related thereto.

920.5 The status of the public charter school’s accreditation shall be considered by the Board during the five (5)-year review.

920.6 A public charter school that fails to achieve accreditation within five (5) years of the date of opening, without a valid reason as determined by the accreditation association and the Board of Education, may be placed in a probationary status and/or subject to the procedures outlined under “Revocation” in the public charter school policies.

920.7 The Board of Education shall provide and/or schedule technical assistance for public charter schools; however, the attainment of accreditation is the responsibility of the public charter school.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1706 (February 23, 2001).

5-E DCMR § 921 CURRICULUM, INSTRUCTION AND ASSESSMENT

921.1 The applicants to establish a public charter school shall describe the curriculum to be used by the school. The identified curriculum, the uniqueness of which may be a factor in the approval of the public charter school, will become a material element of the approved charter.

921.2 The public charter school shall outline clearly for students, teachers and staff and parents the student performance standards and the standards for promotion and graduation.

921.3 The instructional methods, assessment strategies and curriculum used by the school shall be appropriately aligned.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1706 (February 23, 2001).

5-E DCMR § 922 ASSESSMENT

922.1 Public charter school students shall participate in all district-wide assessments.

922.2 Performance targets established by public charter schools, as measured by student performance on the Stanford 9 or other district-wide assessment shall not be less than the performance targets established by the DCPS.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1706 (February 23, 2001).

5-E DCMR § 923 SPECIAL EDUCATION PLANNING

923.1 Each applicant to establish a public charter school shall develop and implement a plan for the provision of special education services.

923.2 The plan for special education services shall be submitted to the Board prior to the granting of the charter.

923.3 The special education plan shall include, but may not be limited to, the following:

(a) Statement on whether the school has elected to be treated as a local educational agency or a District of Columbia public school for purposes of part B of the Individuals with Disabilities Act (20 U. S. C. §§ 1411 et seq.) and section 504 of the Rehabilitation Act of 1973 (20 U. S. C. § 794);

(b) Establishment of pertinent timelines;

(d) Strategies for providing intervention and support to identified students;

(e) Coordination of the Special Education Review Team;

(f) Evaluation and assessment;

(g) Eligibility conferences;

(h) Development of the Individualized Education Plan;

(i) Placement and service delivery;

(j) Re-evaluations;

(k) Obtaining parental consent;

(l) Development of protocols and information for parents and faculty;

(m) Professional development for faculty;

(n) Tracking and reporting of service delivery and student progress;

(o) Security and maintenance of students’ records; and

(p) Indication of whether or not the public charter school plans to contract services such as:

(1) Evaluation/assessment;

(2) Development of the Individualized Education Plan (IEP);

(2) Placement and provision of related services outlined in the IEP; and

(4) Other.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1707-08 (February 23, 2001).

5-E DCMR § 924 PROVISION OF SPECIAL EDUCATION AND RELATED SERVICES

924.1 Each public charter school is held accountable for ensuring the provision of all education and related services outlined in each student’s Individualized Education Plan whether or not the school has elected to be treated as an LEA or as a part of the DCPS for purposes of IDEA and the Rehabilitation Act of 1973. Such services shall be provided timely and in full compliance with the student’s IEP.

924.2 Public charter schools that elect to be treated as a local education agency for purposes of IDEA and the Rehabilitation Act of 1973 shall ensure the provision of services for all special education levels, either through services on site, outsourcing of services, or collaborative arrangements with other service providers.

924.3 Public charter schools that elect to be treated as a part of the DCPS for purposes of IDEA and the Rehabilitation Act of 1973 shall ensure the provision of services for all special education levels in collaboration with DCPS.

924.4 Each public charter school shall maintain records of services provided to special education students.

924.5 Each public charter school is accountable for ensuring the security and confidentiality of students’ special education records.

924.6 Violations relating to the education of children with disabilities may provide the basis of revocation pursuant to the D.C. School Reform Act of 1995, as amended, section 2213(a)(1)(A).

924.7 Notwithstanding the status of the public charter school for purposes of IDEA and the Rehabilitation Act, whether as an LEA or as a part of the DCPS, the public charter school is the accountable entity for the viability of the special education program.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1708 (February 23, 2001).

5-E DCMR § 925 ENROLLMENT OF SPECIAL STUDENTS

925.1 A public charter school shall report enrollment of special education students on October 5th when the official student enrollment is reported to the Board of Education and to the Chief Financial Officer for the District of Columbia.

925.2 The enrollment of special education students who enroll or who are identified subsequent to the October 5th reporting date shall be reported to the Board of Education and the Chief Financial Officer by January 15th of that academic year in order to receive the regular and supplemental funds necessary to provide an appropriate education for these students. Enrollment after January 15th shall be reported in the regular April 15th student enrollment report.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1709 (February 23, 2001).

5-E DCMR § 926 EDUCATION OF LANGUAGE MINORITY STUDENTS

926.1 Each applicant to establish a public charter school shall develop a plan to ensure an appropriate education for all limited-English and non-English proficient students. Such plan shall ensure the following:

(a) Timely assessment to ascertain English proficiency level;

(b) Placement in the appropriate instructional program (ESL or other);

(d) Full access by language minority students to all educational programs, services, and activities of the school.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1709 (February 23, 2001).

5-E DCMR § 927 ENROLLMENT OF LANGUAGE MINORITY STUDENTS

927.1 The enrollment of language minority students shall be reported to the Board of Education and to the Chief Financial Officer for the District of Columbia on October 5th when the official student enrollment is reported. The enrollment of language minority students who enroll or are identified subsequent to the October 5th reporting date shall be reported not later than January 15th in order to receive the regular and supplemental funds required to educate these students.

927.2 Enrollment after January 15th shall be reported in the regular April 15th membership report.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1709 (February 23, 2001).

5-E DCMR § 928 PROMOTION

928.1 A public charter school shall establish standards for student promotion or progression in the charter school. Such standards, however, shall not be less than the standards for promotion in the District of Columbia Public School System.

928.2 Standards for student promotion or progression in a public charter school shall reflect high expectations for academic achievement.

928.3 Standards for student promotion or progression must be clearly communicated to faculty, staff, students, and parents.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1710 (February 23, 2001).

5-E DCMR § 929 GRADUATION

929.1 Graduates of public charter schools shall meet the requirements set forth in the school’s charter. Such requirements may be greater than, but not less than, the requirements for graduation from the District of Columbia Public Schools:

(a) Satisfactory completion of the course work required for the diploma;

(b) Satisfactory achievement of the required skill level for graduation; and

929.2 Each student who meets the requirements set forth in the school’s charter shall be certified by the school administrator as eligible to receive the high school diploma from the public charter school in which the student is enrolled.

929.3 The public charter school diploma shall be signed by the principal of the school and the Chairperson of the Trustees.

929.4 The diploma shall bear the seal of the public charter school.

929.5 Until such time as the public charter school is accredited (not less than five (5) years following the opening of the public charter school), the Board of Education President also shall sign the diploma upon certification and documentation that the student has met the requirements for graduation. Such requirements may be greater than, but not less than, the requirements for graduation from the District of Columbia Public Schools. The Board of Education seal may be affixed to the diploma signed by the Board President.

929.6 The public charter school shall submit to the Board a list of students likely to graduate from the public charter high school not later than April 30th of the year in which the student is expected to graduate. Such submission shall include a copy of the student’s transcript showing completed courses and Carnegie Units or requirements approved by the Board of Education in which the student is currently enrolled.

929.7 Not later than fifteen (15) days before the graduation ceremony, the public charter school shall submit to the Board a final list of students certified for graduation, the signed diplomas, and the updated transcripts.

929.8 The public charter school shall not submit to the Board the names of any students for whom the school has not certified eligibility for graduation pending completion of the program of studies in which the student is currently enrolled.

929.9 The Executive Director for Public Charter Schools shall review the transcripts and other certification and appropriately recommend to the Board those charter school students eligible to graduate, at which time the signature of the Board President shall be affixed to the diploma.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1710-11 (February 23, 2001).

5-E DCMR § 930 PUBLIC CHARTER SCHOOL FACILITIES

930.1 In the case of a petition that does not contain the identification and information required under section 2202(6)(B)(i), but does contain the timetable required under section 2202(6)(B)(ii), an eligible chartering authority may only approve the petition on a conditional basis, subject to the eligible applicant submitting the identification and information described in section 2202(6)(B)(i) in accordance with such timetable, or any other timetable specified in writing by the eligible chartering authority in an amendment to the petition.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1711 (February 23, 2001).

5-E DCMR § 931 APPROVAL AND OPENING OF PUBLIC CHARTER SCHOOLS

931.1 Prior to the granting of full approval by the Board of Education and no later than ninety (90) days prior to the opening of school, applicants to establish a public charter school shall submit information demonstrating that the eligible applicant has acquired title to, or otherwise secured the use of the facility.

931.2 The documentation of acquisition of an appropriate facility and the address of such facility shall be reviewed by the Board and cited in the charter (contract) between the Board and the Trustees.

931.3 Should the applicants or the Trustees determine a need to change the school site, the applicants and Trustees must submit a request for a revision of the charter with a statement concerning the reasons for the change and documentation of acquisition of the alternate site prior to making such change. Such action without Board approval will constitute a breach of the contract and may be a basis of sanctions or revocation of the charter.

931.4 The Trustees (interim) are accountable for ensuring the following at least thirty (30) days prior to the opening of school:

(a) The school has been inspected by the District and meets inspection requirements;

(b) The school has obtained an occupancy permit; and

931.5 Applicants/Trustees who fail to submit the required documentation concerning the facility inspection and building occupancy shall not open as a public charter school in the immediate semester.

931.6 A school that does not open in the scheduled semester shall petition the Board for authorization to open in the following academic year and not earlier than thirty (30) days following submission of the requested documentation.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1711-12 (February 23, 2001).

5-E DCMR § 932 OCCUPANCY

932.1 The Trustees shall ensure that as the student enrollment increases, the Certificate of Occupancy is updated by the District to show approval of occupancy for the number of students in the current year.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1712 (February 23, 2001).

5-E DCMR § 933 FIVE-YEAR REVIEW OF PUBLIC CHARTER SCHOOLS

933.1 The Board of Education shall review each charter which it has granted or renewed, pursuant to the D.C. School Reform Act of 1995, as follows:

(a) Section 2212:

(1) (a)(3)(A) at least once every five (5) years to determine whether the charter should be revoked for the reasons described in subsection (a)(1)(A) or (b) of section 2213 in accordance with the procedure for such revocation established under 2213(c) of the D. C. School Reform Act of 1995, as amended; and

(2) (a)(3)(B) once every five (5) years, beginning on the date that is five (5) years after the date on which the charter is granted or renewed, to determine whether the charter should be revoked for the reasons described in section 2213(a)(1)(B) in accordance with the procedures for such revocation established under section 2213(c) of the D. C. School Reform Act of 1995, as amended.

(b) Section 2213, subsection (a)(1)(A):

(1) “Committed a violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in the charter, including violations relating to the education of children with disabilities.”

(1) “FISCAL MISMANAGEMENT. - An eligible chartering authority that has granted a charter to a public charter school shall revoke the charter if the eligible chartering authority determines that the school.

(A) Has engaged in a pattern of non-adherence to generally accepted accounting principles;

(B) Has engaged in a pattern of fiscal mismanagement; or

(d) Section 2213, subsection (a)(1)(B):

(1) "Failed to meet the goals and student academic achievement expectations set forth in the charter".

Special Note: An eligible chartering authority may not revoke a charter under paragraph (1)(B), except pursuant to a determination made through a review conducted under section 2212(a)(3)(B), subsection (a)(1)(A) of section 2213.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1712-13 (February 23, 2001).

5-E DCMR § 934 REVOCATION

934.1 Pursuant to the D.C. School Reform Act of 1995, as amended, the Board of Education, an eligible chartering authority, may revoke the charter of a public charter school to which it has granted a charter, if the Board determines that the school:

(a) Committed a violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in the charter, including violations relating to the education of children with disabilities; or

(b) Failed to meet the goals and student academic achievement expectations set forth in the charter. The Board may not revoke a charter under this paragraph except pursuant to a determination made through a review conducted under the D.C. School Reform Act of 1995, as amended, section 2212(a)(3)(B).

(c) “FISCAL MISMANAGEMENT” (section 2213, subsection (b)), - An eligible chartering authority that has granted a charter to a public charter school shall revoke the charter if the eligible chartering authority determines that the school:

(1) Has engaged in a pattern of non-adherence to generally accepted accounting principles;

(2) Has engaged in a pattern of fiscal mismanagement; or

(3) Is no longer economically viable.”

934.2 In cases in which the school has committed a violation of applicable law or violations relating to the education of children with disabilities, the Board shall initiate the procedures for consideration of revocation.

934.3 The Board shall adhere to the D.C. School Reform Act of 1995, as amended, section 2213((c) “Procedures for Consideration of Revocation.”

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1714 (February 23, 2001).

5-E DCMR § 935 PROBATIONARY PERIOD

935.1 In cases in which the school has committed a violation of the conditions, terms, standards, or procedures set forth in the charter, but not a violation of applicable law, the school will be served notice of a probationary period not to exceed one hundred eighty (180) days in which to develop and implement a corrective action plan and come into compliance with the terms of the charter.

935.2 During a public charter school’s probationary period, the Executive Director for Public Charter Schools shall monitor the school’s progress and report to the Board of Education at least monthly on the school’s progress. Such reports shall be in writing and shall include pertinent documentation.

935.3 If the public charter school fails to come into compliance with the terms of the charter and correct the deficiencies outlined in the notice of probationary period by the date specified in the notice, the Board shall initiate the procedures for consideration of revocation. Such action shall be taken pursuant to the provisions of the D.C. School Reform Act of 1995, as amended, section 2213.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1714 (February 23, 2001).

5-E DCMR § 936 PUBLIC CHARTER SCHOOL ANNUAL REPORT

936.1 Each public charter school shall submit an annual report to the Board of Education not later than July 15th of each year.

936.2 The contents of the annual report shall include, but may not be limited to the following:

(a) A report on the extent to which the school is meeting its mission and goals as stated in the school’s charter;

(b) Student performance on any district-wide assessments, including a discussion of pre- and post- comparisons and annual and longitudinal comparisons over the recent five (5) years of the charter;

(c) Grade advancement for students enrolled in the public charter school, including a discussion of annual and longitudinal comparisons over the recent five (5)-year period of the charter;

(d) Graduation rates, college admission test scores, and college admission rates, if applicable, including a discussion of annual and longitudinal comparisons over the most recent five (5)-year period of the charter;

(e) Types and amounts of parental involvement;

(f) Official student enrollment;

(g) Average daily attendance;

(h) Average daily membership;

(i) A financial statement audited by an independent certified public accountant in accordance with government auditing standards for financial audits issued by the Comptroller General of the United States.

(j) A report on school staff indicating the qualifications and responsibilities of such staff; and

(k) A list of all donors and grantors that have contributed monetary or in-kind donations having a value equal to or exceeding five hundred dollars ($500) during the year that is the subject of the report.

(l) The school shall permit a member of the public to review any such report upon request.

936.3 Data described in paragraphs 936.2((a) through (h) and (k) above shall not identify the individuals to whom the data pertain.

936.4 The financial audit shall be submitted by January 15th (following the September 30th close of the fiscal year.)

936.5 The annual report shall be organized with a table of contents and identified appendices, as needed.

936.6 The Trustees shall submit twenty copies of the annual report to the Board and shall make such report available for review by the community.

936.7 The Board of Education’s monitoring report shall not be a part of the school’s annual report.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1715-16 (February 23, 2001).

5-E DCMR § 937 MONITORING OF PUBLIC CHARTER SCHOOLS

937.1 The Board of Education shall conduct site visitations to each public charter school for the purpose of executing its oversight responsibilities, including:

(a) To ensure that each school complies with applicable laws and the provision of the charter granted to the school; and

(b) To monitor the progress of each school in meeting student achievement expectations specified in the charter granted to the school.

937.2 The Board shall conduct a monitoring visit to each school not less than once in each academic quarter during the school’s first year of operation and not less than once in each academic semester in subsequent years.

937.3 The Board of Education’s monitoring team shall be comprised of persons with expertise in the key areas of the school’s operations, which include curriculum and instruction, education of the special needs population, financial management, personnel, governance and management, and parent and community involvement.

937.4 The Board of Education’s monitoring team shall participate in workshops and discussions on public charter schools’ legislation and research, the programs of the public charter schools authorized by the Board of Education, and the monitoring process prior to participating in a site visitation.

937.5 The monitoring guide shall be site specific and the monitors will look for evidence of the school’s implementation of its charter.

937.6 The Board of Education shall invite representatives of the public charter schools to participate in an annual orientation session on the monitoring process prior to beginning the monitoring.

937.7 The monitoring process will include both a pre-observation conference with the school team and an exit conference following the monitoring.

937.8 Within ten (10) school/business days of the monitoring, the monitoring team leader shall meet with the school leadership/school team to discuss preliminary findings of the monitoring team.

937.9 Within twenty-one (21) school/business days of the team leader’s meeting with the school leadership/team to discuss the preliminary report, the school shall receive a draft report of the findings.

937.10 Within ten (10) days of receipt of the draft monitoring report, the public charter school shall provide written comments/feedback to the Board of Education concerning the findings of the monitoring visitation.

937.11 The monitoring report shall be made final within ten (10) days following receipt and incorporation, as appropriate, of the comments/feedback from the public charter school.

History

SOURCE: Final Rulemaking published at 48 DCR 1694, 1716-17 (February 23, 2001).

5-E10 GENERAL PERSONNEL POLICIES

5-E DCMR § 1000 EDUCATIONAL SERVICE

1000.1 The District of Columbia Government Comprehensive Merit Personnel Act of 1978 (also referred to as the “CMPA”), D.C. Law 2-139, Title VIIIA, § 801A(a), provides for the creation of the Educational Service for all employees of the Board of Education except the following:

(a) Clerical, stenographic, or secretarial positions;

(b) Custodial, building maintenance, building engineer, general maintenance, or general engineering positions;

(d) Cooks, dieticians, and other positions involved in the direct planning, preparing, and serving of food;

(e) Technicians involved in the operation or maintenance of machinery, vehicles, equipment, or the processing of materials and inventory; or

(f) Positions, the major duties of which consist of the supervision of employees covered in paragraphs ((a) through (e) of this subsection.

1000.2 Employees within the exceptions designated in § 1000.1 shall be considered part of the Career Service established under the CMPA.

1000.3 All existing Teachers’ Salary Act (TSA) employees and General Schedule (GS) employees, other than those excepted under § 1000.1, shall be automatically transferred to the Educational Service on January 1, 1980.

1000.4 Career Service employees of the Board of Education shall be governed by regulations issued by the Mayor, except that the Board has authority to the extent allowed by law to issue rules governing Career Service employees in the following subject areas:

(a) Hours of work;

(b) Holidays;

(d) Performance evaluation;

(e) Adverse actions;

(f) Grievances;

(g) Labor management relations;

(h) Political rights of employees; and

(i) Records management and privacy of records.

History

AUTHORITY: Unless otherwise noted the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 27 DCR 4297 (October 3, 1980).

5-E DCMR § 1002 ACCREDITATION

1002.1 [Repealed]

1002.2 [Repealed]

1002.3 [Repealed]

1002.4 The Superintendent of Schools or designee is authorized to charge the following fees for the approval of teacher education programs in the District of Columbia:

(a) One thousand dollars ($1,000) for each institutional full visit; and

(b) Five hundred dollars ($500) for each institutional revisit.

History

SOURCE: Final Rulemaking published at 27 DCR 4297 (October 3, 1980); as amended by Final Rulemaking published at 43 DCR 1619 (March 29, 1996); as amended by Final Rulemaking published at 56 DCR 312(January 9, 2009).

5-E DCMR § 1004 [RESERVED]

5-E DCMR § 1005 RECRUITMENT, APPLICATION, AND SELECTION

1005.1 The Division of Personnel shall operate a continuing recruitment program designed to meet current and projected personnel needs of the school system.

1005.2 An applicant for a position shall be recruited and appointed in accordance with Equal Employment Opportunity guidelines, affirmative action policy, and merit plan(s).

1005.3 An applicant for a position in the Educational Service shall file the appropriate application with the Division of Personnel and shall submit other supporting documents that may be required, including, but not limited to, records of prior experience, verification of professional or technical preparation, and official transcripts from issuing institutions.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4302 (October 3, 1980).

5-E DCMR § 1006 COMPETITIVE APPOINTMENTS

1006.1 Except as otherwise specified in this title or by law, initial appointment to the Educational Service shall be made by open competition.

1006.2 For purposes of this section, “open competition” means the use of examination procedures that permit application and consideration of all persons without regard to current or former employment with the government of the District of Columbia.

1006.3 Initial appointments to positions in the Educational Service shall be made as the result of open competition. Selections shall be made, based on merit, from the highest qualified available eligible persons:

(a) Based on specific job requirements; and

(b) Based on standards of eligibility.

1006.4 If there are more than ten (10) applicants for any one (1) position, a screening process, pursuant to § 517, shall occur.

1006.5 The Superintendent shall be responsible for the promulgation, distribution, implementation, and administration of appointment procedures necessary to achieve maximum effectiveness, objectivity, reliability, and validity.

1006.6 The Superintendent shall have, subject to the limitations of this title, discretionary authority to fill any position in the Educational Service specified under §§517 and 1304 by any of the following means:

(a) Competitive appointment;

(b) Noncompetitive appointment; or

1006.7 The exercise of discretionary authority under § 1006.5 shall be based solely on merit, fitness, and qualifications to perform the duties of the position.

1006.8 No official, member, or employee of the Board of Education shall influence another person to withdraw from competition for any position in the Educational Service for the purpose of either improving or injuring the prospects of any application for appointment or selection. The Superintendent shall take appropriate disciplinary action whenever he or she finds that any subordinate employee has violated this subsection.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4301 (October 3, 1980); as amended by: Final Rulemaking published at 35 DCR 9054, 9055 (December 30, 1988); and Final Rulemaking published at 37 DCR 3937, 3939 (June 15, 1990).

5-E DCMR § 1007 ENTRANCE EXAMINATIONS AND ELIGIBILITY

1007.1 Examinations for entrance into the Educational Service shall be open, competitive, and designed to meet personnel needs.

1007.2 Examining procedures shall be job-related and developed in a manner that will achieve maximum reliability and objectivity in identifying the qualified candidates for appointment.

1007.3 The Division of Personnel shall have authority to require documentary evidence in support of qualification and eligibility requirements established for admission to the Educational Service.

1007.4 The Division of Personnel may refuse to examine, refuse to declare as eligible after examination, or withhold or withdraw from certification prior to appointment, any person who fails to meet the examination requirements established by the Division of Personnel.

1007.5 The Division of Personnel may direct the removal of any Educational Service employee whose application for appointment contained falsified information.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4303 (October 3, 1980).

5-E DCMR § 1008 [RESERVED]

5-E DCMR § 1009 [RESERVED]

5-E DCMR § 1010 EQUAL EMPLOYMENT OPPORTUNITY

1010.1 It is the policy of the Board of Education that employees shall be hired, assigned, transferred, promoted, retained, and disciplined without regard to race, color, national origin, sex, religion, creed, age, marital status, personal physical appearance, sexual orientation or preference, family responsibilities, physical handicap, source of income, matriculation, political affiliation, citizenship status, place of residence or business, or membership or non-membership in an employee organization, except as authorized by law or court order.

1010.2 Each manager and supervisor employed by the Board of Education shall be responsible and accountable for ensuring that this policy is carried out and that adequate steps are taken to eliminate any practice or policy that results in unlawful discrimination.

1010.3 The Superintendent shall be responsible for ensuring that adequate resources are provided for the positive and effective administration of the Equal Employment Opportunity Program.

1010.4 The policy shall be carried out in conformance with the Affirmative Action Plan in the District Government Employment Act, D.C. Law 1-63, as amended, the Human Rights Act of 1977, D.C. Law 2-38, the implementing directives of the Superintendent as administered by the Equal Employment Officer, and Title VII of D.C. Law 2-139.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4303 (October 3, 1980).

5-E DCMR § 1011 VETERANS PREFERENCE IN EMPLOYMENT

1011.1 The provisions of this section shall be applicable in the employment of veterans in the Educational Service.

1011.2 A person who has served on active duty in the Armed Forces of the United States for more than one hundred eighty (180) consecutive days, not including service under § 511 of Title 10 of the U.S. Code, and who has separated from the Armed Forces under honorable conditions, may receive an additional five (5) points on any register.

1011.3 A person entitled to preference points as defined in § 1011.2 shall receive an additional five (5) points if the person is separated from the Armed Forces under honorable conditions, has established the presence at the time of appointment of a service-connected disability, or is receiving compensation, disability retirement benefits, or pensions because of a public law administered by the Veterans Administration or a military department.

1011.4 Any employee who on January 1, 1979, was entitled to veterans preference under federal law, shall continue to be entitled to that veterans preference.

1011.5 The Superintendent shall develop procedures for the consideration of granting veterans preference, as provided in this section, to persons who served in the Armed Forces but were less than honorably discharged. No appeal shall be available to any person not afforded a veterans preference under the provisions of this subsection and §1011.6.

1011.6 Persons who were less than honorably discharged may be entitled to the preference afforded by this section at the time of initial appointment if they show, to the satisfaction of the Director of Personnel, that they have been discriminated against in violation of those rights guaranteed under the equal employment policy of this chapter.

1011.7 For purposes of appointment preference, no person shall receive any preference after five (5) years from the date of separation from active duty in the armed forces.

1011.8 A person classified as thirty percent (30%) or more disabled under § 1011.3 shall receive an appointment preference regardless of the date of separation from active duty in the armed forces.

1011.9 No person entering the armed forces of the United States after October 14, 1976 shall receive any preference unless the person served in the armed forces of the United States during time of war.

1011.10 No person retiring from the armed forces of the United States shall receive any preference, except as provided in § 1011.8.

History

SOURCE: Final Rulemaking published at 4297, 4322 (October 3, 1980).

5-E DCMR § 1012 POLITICAL RIGHTS OF EMPLOYEES

1012.1 It shall be the policy of the Board of Education that employees be encouraged to fully exercise, to the extent not expressly prohibited by law, their rights of voluntary participation in the political process of our city and nation.

1012.2 All Career and Educational Service employees of the Board of Education shall be subject to the Hatch Act.

1012.3 An employee may not engage in political activity while on duty or during working hours.

1012.4 An employee shall promptly notify the Superintendent of Schools upon becoming a candidate for elective office and upon the termination of the candidacy.

1012.5 An employee who is a candidate for elective office shall, upon his or her request, be granted leave without pay for the purpose of engaging in activities relating to the candidacy.

1012.6 An employee who is a candidate for elective office shall, upon his or her request, be granted accrued annual leave for the purpose of engaging in activities relating to the candidacy.

1012.7 Leave for the purpose of engaging in activities relating to an employee’s candidacy for elective office shall be in addition to leave without pay to which the employee may be entitled.

1012.8 The provisions of this section shall not apply to an individual who is an employee by reason of holding an elective office.

1012.9 The provisions of this section shall also apply to any employee of the Board of Education working in the campaign of an individual seeking elective office.

1012.10 In accordance with D.C. Official Code § 38-101(c)(3) (2001), upon certification by the Board of Elections and Ethics that a candidate is an elected member of the Board of Education, an employee of the D.C. Public Schools shall submit his or her resignation to be effective a minimum of fifteen (15) days prior to taking the oath of office.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4313 (October 3, 1980); as amended by Final Rulemaking published at 41 DCR 6612 (September 30, 1994).

5-E DCMR § 1013 [RESERVED]

5-E DCMR § 1014 [RESERVED]

5-E DCMR § 1015 CITIZENSHIP REQUIREMENTS

1015.1 To be eligible for employment by the Board of Education, all foreign nationals shall meet requirements established by the Immigration and Naturalization Act.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4304 (October 3, 1980).

5-E DCMR § 1016 AGE REQUIREMENTS

1016.1 The minimum age for employment in the Educational Service shall be sixteen (16) years of age.

1016.2 The minimum age for appointment to special youth employment programs authorized by the Superintendent of Schools shall be fourteen (14) years of age.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4321 (October 3, 1980).

5-E DCMR § 1017 RESIDENCY PREFERENCE IN THE EDUCATIONAL SERVICE

1017.1 The residency requirements set forth in this section shall apply to any applicant for, or any person occupying, a position as an employee of the Board of Education in the Educational Service, as specifically provided in this section.

1017.2 A person who applies for employment with the Board of Education in the Educational Service and who is a bona fide resident of the District of Columbia may claim a residency preference at the time of application.

1017.3 A Board of Education employee who applies for a competitive promotion in the Educational Service and who is a bona fide resident of the District of Columbia may claim a residency preference at the time of application.

1017.4 Each applicant for a position or competitive promotion with the Board of Education in the Educational Service shall be informed, in writing, by the Superintendent of Schools or his or her designee of the provisions of §§ 1017.2 through 1017.11 at the time of his or her application and will be required to indicate his or her claim or entitlement to residency preference in a manner prescribed by the Superintendent or his or her designee, at that time.

1017.5 When two (2) or more applicants for a position or competitive promotion with the Board of Education in the Educational Service are equally qualified, a residency preference will be given to an applicant who has claimed such a preference over a non- resident applicant or a resident applicant who has not claimed a residency preference.

1017.6 When a residency preference is claimed pursuant to § 1017.2 or § 1017.3, proof of bona fide residency shall be submitted at the time of selection. This proof shall consist of two (2) or more of the following documents:

(a) A document specifying the home mailing address of the employee;

(b) A voter registration card;

(d) A valid, unexpired motor vehicle operator’s permit;

(e) Withholding and proof of payment of personal income tax; and

(f) Title to residential property or a valid unexpired lease agreement.

1017.7 Except as provided in § 1017.11, each individual who claims a residency preference and who is selected for a position or competitive promotion with the Board of Education in the Educational Service shall be informed, in writing, by the Superintendent of Schools or his or her designee, no later than the effective date of the appointment, of the requirement to maintain bona fide District residency for a period of five (5) consecutive years and that failure to do so shall result in forfeiture of employment.

1017.8 An applicant for a position with the Board of Education in the Educational Service who claims a residency preference and is selected for the position shall agree, in writing, at the time of appointment to maintain bona fide District residency for a period of five (5) consecutive years from the effective date of appointment.

1017.9 Except as provided in § 1017.11, a Board of Education employee who claims a residency preference in applying for a competitive promotion in the Educational Service and is selected for the position shall agree in writing no later than the day before the effective date of appointment to maintain a bona fide District residency for a period of five (5) consecutive years from the effective date of appointment.

1017.10 Except as provided in § 1017.1, a person who claims a residency preference as provided in §§ 1017.2 or 1017.3 and who is selected for the position shall also sign a statement on or before the effective date of appointment or promotion which certifies the following:

(a) That the person has received written notification of the residency requirements;

(b) That the person has read the notice, has been given an opportunity to ask questions about the residency requirements, and understands the residency requirements;

(c) That the person understands that failure to maintain residency in the District of Columbia for a period of five (5) consecutive years will result in forfeiture of the position; and

(d) That the place of residence stated in the certification is the person’s actual, regular, and principal place of occupancy.

1017.11 Notwithstanding any other provision of this section, any person who was employed by the District of Columbia government or the Board of Education on December 31, 1979, and who is still employed by the District of Columbia government or the Board of Education without having had a break in service of one (1) workday or more since that date shall be granted a residency preference, as provided in § 1017.12, upon application for a competitive promotion in the Educational Service. Such persons shall not be required to maintain bona fide District residency for a period of five (5) consecutive years from the effective date of appointment.

1017.12 The entitlement to a residency preference pursuant to § 1017.11 shall be granted if at least one (1) of the qualified applicants for the position has claimed a residency preference.

1017.13 Failure to maintain bona fide District residency as required by §§ 1017.8 and 1017.9 shall result in forfeiture of employment.

1017.14 When, in a reduction in force, two (2) or more employees have equal retention standings in regard to a position that is to be eliminated, a retention preference will be given to the following:

(a) Any Board of Education employee in the Educational Service who is a bona fide resident of the District of Columbia; and

(b) Any Board of Education employee in the Educational Service who is not a resident of the District of Columbia, but who was hired by the District government or the Board of Education prior to January 1, 1980, and has continued employment without a break in service subsequent to January 1, 1980.

1017.15 When the provisions of § 1017.14 conflict with the provisions of an effective collective bargaining agreement, the provisions of the collective bargaining agreement shall govern to the extent that there is a conflict.

1017.16 For the purpose of this section, a “bona fide resident of the District of Columbia” is a person who is a domiciliary of the District of Columbia and who maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of occupancy.

1017.17 For the purpose of this section, in order to be a domiciliary of the District of Columbia, a person shall establish and maintain a physical presence in the District and shall have the intent to remain in the District for a minimum of five (5) consecutive years from the date of appointment.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4315 (October 3, 1980); as amended by Final Rulemaking published at 39 DCR 2054 (March 27, 1992).

5-E DCMR § 1018 FAILURE TO COMPLY WITH RESIDENCY REQUIREMENTS

1018.1 An employee who fails to comply with the residency requirements set forth in §1017 shall forfeit his or her position.

1018.2 Whenever the Director of Personnel has reasonable cause to believe that an employee is not in compliance with the residency requirements set forth in this section, the Director of Personnel shall issue to the employee notice to show cause why the position held by the employee should not be forfeited.

1018.3 The employee shall have ten (10) days to respond to the notice to show cause.

1018.4 The employee’s response shall be in writing and shall state facts and circumstances sufficient to demonstrate compliance with the residency requirements.

1018.5 If the employee fails to respond to the notice to show cause within the ten (10) day notice period, the Director of Personnel shall declare the position forfeited.

1018.6 If the employee’s response fails to assert facts or circumstances which, if proven, would establish compliance with the residency requirements, the employee shall be given an opportunity to appear before the Superintendent of Schools or the Superintendent’s designee to present evidence and testimony in support of the employee’s claim of bona fide residency in the District of Columbia.

1018.7 The Superintendent of Schools, or the Superintendent’s designee, shall consider the testimony and evidence presented by the employee and the Superintendent shall issue a final decision in writing. A copy of the decision shall be given to the employee.

1018.8 If the Superintendent of Schools determines that the employee is not a bona fide resident of the District of Columbia, the Superintendent shall declare the position forfeited.

1018.9 For the purpose of this section, a “bona fide resident of the District of Columbia” is a person who is a domiciliary of the District of Columbia and who maintains a place of abode in the District of Columbia as his or her actual, regular, and principal place of occupancy.

1018.10 In determining whether an employee is a bona fide resident of the District of Columbia, proof of residency shall consist of two (2) or more of the following documents:

(a) A document specifying the home mailing address of the employee;

(b) A voter registration card;

(d) A valid, unexpired motor vehicle operator’s permit;

(e) Withhold and proof of payment of personal income tax; and

(f) Title to residential property or a valid unexpired lease agreement.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4316 (October 3, 1980); as amended by Final Rulemaking published at 29 DCR 3565 (August 13, 1982); and by Final Rulemaking published at 39 DCR 2054, 2057 (March 27, 1992).

5-E DCMR § 1019 [RESERVED]

5-E DCMR § 1020 RESIGNATION

1020.1 The resignation of an employee of the Board of Education shall be submitted in writing to the Director of Personnel at least ten (10) working days before the effective date of the resignation.

1020.2 Failure to submit a resignation in writing may result in separation due to abandonment of position.

1020.3 Conditional resignations will not be accepted. Any conditional resignation will be returned to the employee.

1020.4 A resignation shall be binding on an employee immediately upon submission.

1020.5 An employee may reconsider his or her resignation and, upon approval of the Director of Personnel, may withdraw or postpone the resignation at any time prior to the effective date.

1020.6 Failure to report to work after notice shall be deemed a voluntary resignation due to abandonment of position. This voluntary resignation shall not be considered an adverse action.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4304 (October 3, 1980).

5-E DCMR § 1021 REAPPOINTMENT

1021.1 Former permanent employees of the Board of Education who separated through voluntary resignation which was accepted without prejudice may be reappointed without an examination if the following conditions are met:

(a) Application for reappointment is made within five (5) years from the date of resignation;

(b) Satisfactory performance ratings were received for each of the five (5) years preceding the resignation;

(c) The applicant satisfies the eligibility requirements for the type of position sought that are in effect at the time of the application for reappointment; and

(d) The applicant complies with the residency requirements of the Board of Education, as specified in § 1017.

1021.2 Probationary and permanent teachers and administrators who do not intend to continue employment with DCPS the following school year must submit to the DCPS Office of Human Resources a Declaration of Intent Form no later than April 15.

1021.3 Any probationary or permanent teacher or administrator who fails to submit Declaration of Intent Form by April 15 of any given school year, and fails to report for duty the following school year, or severs employment prior to the end of the following school year, shall be subject to the following penalties:

(a) Notice to any subsequent employer of violation and sanctions;

(b) No formal release of information upon inquiry for ninety (90) days; and

1021.4 Request for waiver of sanctions by the Superintendent must be submitted to the Superintendent or the Superintendent's designee for consideration. The Superintendent shall consider exigent circumstances, including, but not limited to, personal or family illness, relocation of spouse, damage to professional reputation, safety and/or health risks in the workplace, changed circumstances or professional advancement, as grounds for waiver of sanctions.

1021.5 Any Declaration of Intent, which was submitted prior to April 15, may be withdrawn on or before April 15.

1021.6 Notice of imposition of sanctions by the Superintendent shall be provided to the probationary or permanent teacher or administrator at the time of imposition of sanctions. A request for reconsideration by the Superintendent may be submitted within thirty (30) days of receipt of notice of imposition of sanctions.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4304 (October 3, 1980); as amended by Final Rulemaking published at 49 DCR 8879-80 (September 27, 2002); and Final Rulemaking published at 51 DCR 6026 (June 11, 2004).

5-E DCMR § 1022 RETIREMENT

1022.1 Title XXVI (Retirement) of D.C. Law 2-139 provides that the existing retirement systems, including the Civil Service Retirement System and Teachers’ Retirement System, shall continue to be applicable to all employees of the District of Columbia. Therefore, the Federal regulations in 5 CFR § 831 and applicable District regulations will continue to apply to employees of the Board of Education.

1022.2 [Deleted]

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4212 (October 3, 1980); as amended by Final Rulemaking published at 47 DCR 5212, 5215 (June 23, 2000).

5-E DCMR § 1023 COMMUNICABLE DISEASES CONTRACTED BY EMPLOYEES

1023.1 An employee with one of the following communicable diseases shall be excluded from their duty location and permitted to return to work under the following conditions:

Varicella (“Chickenpox”): An employee diagnosed with chickenpox, even if previously vaccinated, may return to work after lesions have crusted and upon submission of a licensed practitioner’s note giving medical clearance to return to work;

Conjunctivitis (“Pink Eye”):

An employee diagnosed with viral conjunctivitis may return to work after any redness and discharge have disappeared;

An employee diagnosed with bacterial conjunctivitis may return to work twenty-four (24) hours after commencing antibiotic treatment if a licensed practitioner provides a note attesting to the diagnosis, the onset of treatment, and that the employee is cleared to return to work; or

An employee diagnosed with allergic conjunctivitis may return to work upon submitting a licensed practitioner’s note stating the diagnosis;

An employee with infectious diarrhea (e.g., Salmonella, Shigella, E. coli) may return to work when diarrhea ends or upon submitting a health care provider’s note providing medical clearance to return to work; or

An employee with non-infectious diarrhea (e.g., inflammatory bowel disease, food allergy, reaction to medication) may return to work when diarrhea ends and with instruction to thoroughly wash hands with soap and water after using the toilet and before handling food;

(d) An employee with a clinical syndrome such as meningitis or pneumonia resulting from Haemophilus influenza type B (Hib) may return to work twenty-four (24) hours after completing [antibiotic] treatment and submitting a licensed practitioner’s note attesting to the diagnosis and completion of treatment;

(e) Hepatitis:

(1) An employee with Hepatitis A may return to work one (1) week after onset of illness or jaundice and upon submitting a licensed practitioner’s note providing medical clearance to return to work;

(2) An employee with Hepatitis B or C may return to work upon submitting a licensed practitioner’s note providing medical clearance to return to work;

(f) Impetigo (bacterial infection of the skin): An employee diagnosed with Impetigo may return to work twenty-four (24) hours after beginning antibiotic therapy, provided all lesions are covered, and upon submitting a licensed practitioner’s note stating that the employee is undergoing treatment;

(g) Measles: An employee diagnosed with Measles may return to work four (4) days after the appearance of rash and upon submitting a licensed practitioner’s note providing medical clearance to return to work;

(h) Meningitis: An employee diagnosed with Meningitis may return to work upon submission of a licensed practitioner’s note providing medical clearance to return to work;

(i) Methicillin-resistant Staphylococcus aureus (MRSA): An employee diagnosed with MRSA may return to work provided that all wound drainage (“pus”) is covered and contained;

(j) Mumps: An employee diagnosed with Mumps may return to work five (5) days after the onset of swelling and upon submitting a licensed practitioner’s note providing medical clearance to return to work;

(k) Pediculosis (infestation of live head lice): An employee diagnosed with Pediculosis may remain at work that day; however the employee should commence treatment at the conclusion of the work day. The employee may return to work upon submitting a written statement attesting to the fact that the employee is undergoing treatment. An employee with only Nits (eggs) shall not be excluded from work but shall monitor themselves for re-infestation and seek treatment accordingly;

(1) Pertussis (“Whooping Cough”): An employee diagnosed with Pertussis may return to work three (3) weeks after the onset of symptoms, if untreated, or five (5) days after starting antibiotic therapy and submitting a licensed practitioner’s note attesting to the start of such therapy;

(m) Pinworms: An employee diagnosed with Pinworms may return to work twenty-four (24) hours after the first treatment and upon submitting a licensed practitioner’s note stating that the employee is under treatment;

(n) Ringworm: An employee diagnosed with Ringworm may return to work upon submitting a licensed practitioner’s note stating that the employee is under treatment;

(o) Rubella (German Measles): An employee diagnosed with Rubella may return to work seven (7) days after the appearance of the rash;

(p) Scabies (“Itch Mite”): An employee diagnosed with Scabies may return to work upon submission of a licensed practitioner’s note indicating that the employee’s treatment with a prescription lotion is complete;

(q) Strep infection (scarlet fever, strep throat): An employee diagnosed with Strep infection may return to work twenty-four (24) hours after beginning antibiotic treatment, provided the employee is without fever for twenty-four (24) hours, and upon submission of a licensed practitioner’s note affirming the start of treatment and the employee’s fitness for duty; and

(r) Tuberculosis:

(1) An employee diagnosed with active Tuberculosis may return to work upon providing written recommendation to return to work from the Tuberculosis Control Program of the Department of Health; and

(2) An employee diagnosed with latent Tuberculosis may return to work after initiating treatment and upon submission of a licensed practitioner’s note giving medical clearance to return to work.

1023.2 A determination of whether, and/or under what circumstances, a food service employee, or an employee of a food service contractor, with amebiasis, campylobacteriosis, giardiasis, hepatitis A, salmonellosis, shigellosis, typhoid fever or other food-borne illnesses, shall be able to work shall be made on a case-by-case basis by the Director of the Department of Health.

1023.3 As necessary, the Department of Health shall be consulted regarding whether an employee infected with any other communicable disease shall be permitted to return to work in a capacity that involves contact with students or other employees.

1023.4 Any infected employee determined to be fit to return to work shall be treated in the same manner as any other employee, except that any restrictions or limitations in regard to the employee’s performance of his or her duties, recommended by medical personnel, shall be implemented.

1023.5 Personnel policies and procedures regarding fitness-for-duty examinations, the granting of leave, and termination shall apply to any employee with a communicable disease.

1023.6 The Chancellor or an appropriate designee shall ensure that all employees School System personnel are provided with information concerning communicable diseases. This information shall include instruction in measures designed to prevent the spread of communicable diseases.

1023.7 Any information or record regarding an employee with a communicable disease is confidential and access to such information is to be limited to only personnel who are legally required to be informed of the employee’s communicable disease. Disclosure of any information to individuals outside of DCPS may not to be made without the express written consent of the employee; however, suspected or confirmed cases of the following communicable diseases shall be reported within two (2) hours to the Director of the Department of Health: measles, meningococcal meningitis, mumps, pertussis, rubella, tuberculosis, hepatitis A, and other food-borne illnesses (e.g., food poisoning).

1023.8 For purposes of this section, “communicable disease” shall be defined in accordance with 22-B DCMR § 201.

History

SOURCE: Final Rulemaking published at 35 DCR 1256 (February 26, 1988); as amended by Final Rulemaking published at 65 DCR 2945 (March 23, 2018). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 1023

5-E DCMR § 1024 [RESERVED]

5-E DCMR § 1025 SPECIAL APPOINTMENTS

1025.1 The Board of Education shall participate in the temporary assignment of personnel under the provisions of the Intergovernmental Personnel Act of 1970 and temporary assignments and details of employees of the District government.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4327 (October 3, 1980).

5-E DCMR § 1026 TEACHER FOREIGN EXCHANGE PROGRAM

1026.1 The Superintendent of Schools may authorize the participation of educational employees in the teacher foreign exchange program; provided, that the Board of Education is either reimbursed for a participating teacher’s salary or receives the services of a teacher in exchange.

1026.2 Any employee who is approved as an exchange participant shall serve for a period not to exceed two (2) calendar years and shall, at the conclusion of the exchange service, be returned to a position comparable to the one held before the exchange commenced.

1026.3 The Board of Education shall pay the full salary of the educational employee during the time the employee is performing teaching duties in a foreign country under the exchange program, in the same manner and to the same extent as if the educational employee were actually performing his or her teaching duties in his or her regularly assigned position in the D.C. Public Schools.

1026.4 Any educational employee participating in a foreign exchange program shall, for purposes of promotion, computation of annual increment, computation for service for retirement credit, including salary contributions to the retirement fund, and leave of absence credits, be considered as performing teaching duties in the D.C. Public Schools.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4333 (October 3, 1980).

5-E DCMR § 1027 EMPLOYMENT OF SUBSTITUTES

1027.1 The Director of Personnel is authorized to certify and employ substitute teachers for service.

1027.2 Substitutes shall be paid the rate of compensation fixed by the Board of Education.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4334 (October 3, 1980).

5-E DCMR § 1028 EMPLOYMENT OF RELATIVES

1028.1 No officer or employee of the Board of Education may appoint, employ, promote, advance, or advocate for employment, promotion, or advancement, in or to any position in the D.C. Public Schools an individual who is his or her relative.

1028.2 No officer or employee of the Board of Education may appoint, employ, promote, advance, or advocate for employment, promotion, or advancement any individual who is a relative of another officer or employee of the Board of Education if the other officer or employee has advocated the appointment, employment, promotion, or advancement of that relative.

1028.3 The term “relative,” as used in this section, includes a person’s father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, mother-in-law, father-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother, and half-sister.

1028.4 The term “advocate,” as used in this section, means to recommend, refer, support, suggest, or request the appointment, employment, promotion, or advancement of an individual who is one’s relative.

1028.5 Any exception to the provisions of this section shall be approved by the Superintendent of Schools, and may be allowed for a temporary period of not more than thirty (30) days in the event of an emergency or similar unforeseen event or circumstance.

1028.6 Any officer or employee of the Board of Education who appoints, employs, promotes, or advances, or advocates the appointment, employment, promotion, or advancement of any individual in violation of this section shall reimburse the Board of Education for any funds improperly paid to the individual.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4324 (October 3, 1980).

5-E DCMR § 1029 [RESERVED]

5-E DCMR § 1030 CORRECTION OF ADMINISTRATIVE ERRORS

1030.1 It is the policy of the Board of Education that no employee in the Educational Service shall suffer any loss in pay, benefits, tenure status, or otherwise, caused by an administrative error.

1030.2 An administrative error, when detected, shall be corrected in accordance with established procedures, provided absence of fraud, misrepresentation, fault, or lack of good faith on the part of the employee concerned or any other party having an interest in the correction involved.

1030.3 Corrective measures taken pursuant to § 1030.2 shall also apply to overpayment cases.

1030.4 Waiver of claims for erroneous payments to employees processed in accordance with Title XXIX of the CMPA and Chapter 29 of the rules promulgated by the Director of Personnel.

1030.5 An administrative error is an error which reflects a ministerial mistake or omission (e.g. a typographical error or a mistake in computation). It does not include a substantive misunderstanding or misapplication of the law, Board policy, administrative practice, or essential fact(s) in a particular case.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4338 (October 3, 1980); as amended by Final Rulemaking published at 38 DCR 4347 (July 12, 1991).

5-E DCMR § 1031 SUPERSESSION BY COLLECTIVE BARGAINING

1031.1 To the extent permitted by law, where subjects covered by this chapter are incorporated into a duly ratified collective bargaining agreement, the negotiated provisions shall supersede and take precedence over the otherwise applicable provisions of this chapter.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4327 (October 3, 1980).

5-E DCMR § 1032 PERMANENT PART-TIME EMPLOYEES

1032.1 The Superintendent is authorized to establish the tenure category of permanent part-time for employees who serve less than full-time. Tenure in this category shall be subject to all applicable Board rules including selection through the competitive process as set forth in § 1006.

History

SOURCE: Final Rulemaking published at 41 DCR 7653 (November 25, 1994).

5-E11 CLASSIFICATION, COMPENSATION, AND PROMOTION

5-E DCMR § 1100 CLASSIFICATION POLICY

1100.1 The Board of Education shall pay, in an equitable manner, all of its employees by the application of recognized classification principles, within the framework of governing legal and regulatory requirements, premised upon the following:

(a) Equal pay for equal work based upon assigned duties and responsibilities, and the qualification requirements of positions; and

(b) Strict adherence to the principles set forth in § 1101.1((a) without regard to race, color, national origin, sex, religion, creed, age, marital status, personal physical appearance, sexual orientation or preference, family responsibilities, physical handicap, source of income, matriculation, citizenship status, place of residence or business, or membership or non-membership in an employee organization, except as authorized by law or court order.

1100.2 The Superintendent of Schools shall be responsible for the administration and maintenance of a sound position classification program for the D.C. Public Schools in accordance with the D.C. Comprehensive Merit Personnel Act.

1100.3 All management, operating, and other supervisory personnel shall be responsible for the following:

(a) Ensuring that positions established are necessary and enhance the most sound and most economical, organizational structure for accomplishment of assigned functions; and are organized so that maximum utilization is made of each employee;

(b) Providing assistance to the Division of Personnel in delineating the duties and responsibilities of positions within their respective organizational elements;

(d) Advising the Division of Personnel of significant changes affecting the duties of positions as soon as any changes are known.

1100.4 The Division of Personnel shall be responsible for the following:

(a) Coordinating classification activities with operating officials and other supervisory personnel as they pertain to changes in functions and work flow of organizational elements, and determining the effect of any changes on existing or proposed position evaluations;

(b) Evaluating positions to determine series, grade, and title, in accordance with position classification or job grading standards and related criteria; and

(c) Making available to the employee upon appropriate request those position classification or job-related standards used as a basis in classifying his or her respective position.

1100.5 The Division of Personnel shall also be responsible for the following at least once every twenty-four (24) months:

(a) Maintaining current and accurate position descriptions and pertinent records;

(b) Conducting individual position inquiries as necessary to obtain information regarding assigned duties and responsibilities; and

1100.6 The Division of Personnel shall carry out its responsibilities under § 1100.5 by conducting personal interviews with employees at their work sites, whenever practical, and by verifying position information with appropriate supervisory officials.

1100.7 An employee who administers or participates in the administration of the classification program has a professional responsibility for the maintenance of its soundness and integrity.

1100.8 Employees and supervisory personnel shall furnish complete and accurate information regarding current assigned duties and responsibilities during position audits and surveys by the classification representative.

History

AUTHORITY: Unless otherwise noted the authority for this act is § 2 of An Act approved June 20, 1906 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 27 DCR 4297, 4298 (October 3, 1980).

5-E DCMR § 1101 APPEAL OF POSITION CLASSIFICATIONS

1101.1 Each employee shall have the right to appeal the classification of his or her position.

1101.2 Supervisory personnel shall guarantee and protect the right to appeal under this section to ensure that the right may be fully exercised by employees without restraint and without fear of reprisal or prejudice.

1101.3 Any employee who is dissatisfied with a classification decision may appeal the grade of the position assigned.

1101.4 Classification appeals shall be made in writing to the Superintendent of Schools and shall set forth the reasons for the appeal.

1101.5 Upon receipt of an appeal, the Superintendent shall establish an Impartial Review Board, which shall consist of three (3) or five (5) members.

1101.6 The Impartial Review Board shall be responsible for reviewing, on behalf of the Superintendent, the factual information available concerning the duties and responsibilities of the position as well as the classification of similar positions within the D.C. Public Schools.

1101.7 The Superintendent of Schools shall advise the employee, in writing, of the disposition of the Impartial Review Board concerning the classification.

1101.8 Any further appeal by the employee shall be to the D.C. Office of Employee Appeals, pursuant to procedures as established by that Office.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4300 (October 3, 1980).

5-E DCMR § 1102 COMPENSATION POLICY

1102.1 Compensation of all Educational Service employees shall be fixed in accordance with the following principles:

(a) Compensation shall be competitive with that provided to other public and private sector employees having comparable duties, responsibilities, qualifications, and working conditions by occupational groups;

(b) Compensation shall be, to the extent practical, equal for equal work; and

1102.2 [Deleted]

1102.3 The following pay plans are established for employees of the Board of Education:

CODE

5-E DCMR § 1103 [RESERVED]

5-E DCMR § 1104 [RESERVED]

5-E DCMR § 1105 SALARY PLACEMENT FOR ET 3-15 EMPLOYEES

1105.1 Salary placement for employees appointed, reappointed, or reassigned to a position in salary class ET shall be granted according to the number of years of service credit at the time of salary certification, as determined by the Division of Personnel.

For purposes of this section and section 1113.1, service credit is granted on the basis of one (1) step for each year of properly verified comparable service. A year of experience shall represent no less than seventy-five (75%) of the days of required full time service. An employee who, in any one school year, has served for at least seventy- five percent (75%) of the number of days of required full-time service in the district in which he or she is employed shall be deemed to have served a complete school year for salary placement and or salary stop advancement purpose.

The Superintendent shall issue written guidelines for the determination of service credit for foreign teaching service.

1105.2 Salary placement for appointment to grade ET 3-15, other than a demotion through RIF, shall be granted for each year of satisfactory service in an equivalent position in or outside of the D.C. Public Schools in an educational program of recognized standing, as determined by the Division of Personnel, except as follows:

(a) Salary placement for ET-15 temporary employees shall be limited to five (5) years;

(b) Salary placement for ET-15 probationary employees shall be limited to nine (9) years; and

1105.3 The provisions of § 1105.1(a) shall not apply in the reassignment of permanent ET 3-14 employees.

1105.4 One (1) year of salary placement for ET-15 employees in the position of shop teacher in the vocational education program shall be granted for each year of approved experience in the trades, as determined by the Director of Personnel, but shall be limited to nine (9) years of any combination of trade experience or educational service outside the D.C. Public Schools.

1105.5 When an employee is appointed, reemployed, transferred, reassigned, or demoted to an applicable position under salary classes EA, EB, or EG, placement shall be made on the basis of the highest previous rate of pay received.

1105.6 Salary placement shall be made in accordance with procedures established by the Division of Personnel.

1105.7 Salary placement shall be subject to certain restrictions, including but not limited to, the following:

(a) The highest previous rate of pay shall be based on a regular tour of duty at that rate not limited to less than ninety (90) days, or for a continuous period of not less than ninety (90) days under one (1) or more appointments without a break in service;

(b) The salary placement shall not exceed the highest previous rate of pay;

(c) When the highest previous rate of pay falls between two rates of an employee’s pay, the salary will be fixed at the higher rate;

(d) The highest previous rate of pay shall not be based on a rate received for an appointment as an expert or a consultant, nor for a salary received under the provisions of special hiring rates applicable to certain occupational groups deemed to be in short supply;

(e) The highest previous rate of pay is exclusive of any premium pay, such as overtime, night differential, holiday pay, etc.;

(f) When an employee’s initial rate of pay is fixed at a rate lower than his or her highest previous rate of pay because of lack of funds, the application of the highest previous rate rule may not be postponed and given effect at a later date by administrative action when funds are available; and

(g) The application of the highest previous rate of pay rule shall be preceded by official verification of the rate of pay received. In the absence of this verification, retroactive salary placement is only permissible when the intent of the retroactive placement is entered on the personnel action reflecting the action in question.

1105.8 The provisions of § 1107 shall also apply in the determination of salary placement.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4327 (October 3, 1980); as amended by Final Rulemaking published at 47 DCR 5215 (June 23, 2000).

5-E DCMR § 1106 APPOINTMENT AT A RATE OF PAY ABOVE THE MINIMUM

1106.1 The Board of Education, upon recommendation of the Superintendent, shall authorize rates of pay above the minimum for categories of positions where it is extremely difficult to recruit at the minimum step rate of a salary schedule. These categories shall be identified at least once yearly and shall remain in effect for one (1) school year following approval.

1106.2 The Board may also authorize appointment above the minimum step rate of a salary schedule for individuals who possess unique or unusually high qualifications of special need to the Board or whose annual salary immediately prior to the appointment was higher than the prescribed rate of compensation, unless covered under § 1106.1.

1106.3 The provisions of § 1105 shall also apply in the assignment of employees to salary steps within the ET class.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4317 (October 3, 1980).

5-E DCMR § 1107 SALARY RETENTION

1107.1 An employee who has been placed in a lower grade position through no fault of the employee shall retain his or her current grade for two (2) years from the date of demotion, and the employee’s pay will not be reduced.

1107.2 At the end of the two (2) year salary retention period, the grade of the employee shall be lowered.

1107.3 If the employee’s pay at the end of the retention period exceeds the maximum rate of his or her new grade, the employee shall retain the current rate of pay, but will receive only fifty percent (50%) of subsequent step increases until the pay is lower than or equal to the maximum rate of the new grade, at which time the employee will receive full step increases.

1107.4 An employee shall not be eligible for salary retention in the following circumstances:

(a) If the employee is serving on a temporary promotion;

(b) If the employee has served less than three (3) months in the grade with permanent or probationary status;

(d) If the demotion resulted from a reduction-in-force due to lack of funds or curtailment of work;

(e) If the demotion was requested or consented to by the employee in place of any proposed adverse action (such as separation) for personal cause; or

(f) If the employee is serving in a coterminous position.

1107.5 The special benefits under this section shall continue only so long as the employee remains in the same position.

1107.6 Salary retention rights shall be forfeited if a break in service of one (1) day or more occurs during the two (2) year retention period.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4325 (October 3, 1980); as amended by Final Rulemaking published at 40 DCR 1572 (February 26, 1993).

5-E DCMR § 1108 [RESERVED]

5-E DCMR § 1109 [RESERVED]

5-E DCMR § 1110 MERIT PROMOTION POLICY

1110.1 It shall be the policy of the Board of Education to fill vacancies with the best qualified candidates available.

1110.2 Through its Merit Promotion Program, the Board of Education seeks to meet the following objectives:

(a) To bring to the attention of management on a timely basis highly qualified candidates from whom to choose;

(b) To give employees an opportunity to receive fair and appropriate consideration for higher level jobs;

(d) To provide an incentive for employees to improve their performance and to develop their skills, knowledge, and abilities; and

(e) To provide attractive career opportunities for employees.

1110.3 All promotions shall be made on the basis of merit.

1110.4 When persons from outside the D.C. Public Schools are considered for vacancies concurrently with D.C. Public School employees, and where the qualifications of the candidates are essentially equal, preferential consideration shall be given to employees of the Board of Education over outside applicants.

1110.5 The selection or rejection of an applicant on the basis of race, religion, color, sex, age, marital status, national origin, physical handicap, political affiliation, personal appearance, family responsibilities, sexual orientation or preference, source of income, matriculation, citizenship status, place of residence or business, or membership or non- membership in an employee organization shall be strictly prohibited.

1110.6 The restrictions on employment of relatives as set forth in § 1028 shall also apply in the administration of the merit promotion policy.

1110.7 The filling of a position by new appointment or internal placement action, such as reassignment or change to lower grade, shall be authorized when the action is considered advisable and can be accomplished without violating the principles of merit promotion.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4323 (October 3, 1980).

5-E DCMR § 1111 TIME-IN-GRADE REQUIREMENTS

1111.1 An individual serving in the Educational Service shall have served one (1) full year at the next lower grade in the normal line of progression for the position being filled before being eligible for permanent or temporary promotion, including a promotion accomplished by reinstatement, unless one of the following applies:

(a) The individual is within reach for the higher grade under open competitive examination;

(b) The individual is reinstated or reemployed after a break in service of at least one (1) full year;

(c) The individual is serving under a training agreement approved by the Division of Personnel, in which case no employee may be promoted more than two (2) grades within one (1) full year solely on the basis of the training agreement; or

(d) The individual is below the EG-5 level, in which case no employee may be promoted more than two (2) grades within one (1) full year.

1111.2 The Division of Personnel shall specify the conditions for crediting prior service toward meeting time-in-grade requirements, as well as circumstances that may warrant an exception.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4326 (October 3, 1980).

5-E DCMR § 1112 SALARY PROMOTION FOR CLASS ET EMPLOYEES

1112.1 Employees in salary classes ET-3 through ET-15 shall be promoted to a higher educational group upon the completion of additional graduate credits beyond the bachelor’s degree, in accordance with established policy.

1112.2 Salary promotion shall be made retroactive to the twelfth (12th) month prior to the date of approval by the Division of Personnel, the effective date of the degree, or the date of completion of the additional credit hours, whichever is later.

1112.3 Employees promoted under the provisions of this section shall be placed in the same service step of the higher groups as that held in the group from which promoted.

1112.4 ET-15 employees in the position of vocational shop teacher may be promoted to a higher educational group upon submission to the Director of Personnel of acceptable evidence of equivalent training or experience in lieu of a master’s degree.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4339 (October 3, 1980).

5-E DCMR § 1113 WITHIN-GRADE STEP INCREASES

1113.1 An educational employee with permanent or probationary status shall be eligible for within-grade salary increases through the rates of the class upon satisfactory completion of the appropriate waiting period, as prescribed in this section or in a controlling collective bargaining agreement, and satisfaction of all other requirements needed in the specific area of certification.

1113.2 A waiting period begins upon probationary or permanent appointment in the educational service, or after a break in service or a non-pay status exceeding fifty-two (52) calendar weeks, or upon receipt of an equivalent increase.

1113.3 A step increase may be denied or delayed due to less than acceptable performance, upon written notification to the employee at least sixty (60) days prior to the proposed effective date of the step increase.

1113.4 Permanent and probationary educational employees shall become eligible to receive within-grade step increases according to the amount of acceptable service, as follows:

(a) Advancement to steps 2, 3, and 4 shall be made after each fifty-two (52) calendar weeks of creditable service;

(b) Advancement to steps 5, 6, and 7 shall be made after each one hundred four (104) calendar weeks of creditable service; and

(c) Advancement to steps 8, 9, and 10 shall be made after each one hundred fifty-six (156) calendar weeks of creditable service.

1113.5 Employees in positions specifically designated as temporary or limited to periods of one (1) year or less are not eligible to receive within-grade step increases.

1113.6 The provisions of § 1105 shall apply in the step placement of temporary educational employees.

1113.7 Upon appointment to a permanent educational position, the time spent in a temporary educational position becomes creditable toward one (1) within-grade increase, provided that a break in service of no more than fifty-two (52) calendar weeks occurs.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4339 (October 3, 1980); as amended by Final Rulemaking published at 35 DCR 9054, 9055 (December 30, 1988).

5-E DCMR § 1114 TEMPORARY PROMOTIONS

1114.1 An employee who receives a temporary assignment to a position to perform the duties and responsibilities of a higher grade may be compensated at that grade whenever possible.

1114.2 Temporary promotion under the terms of this section shall not exceed one (1) year.

1114.3 If it is projected that the temporary need to fill a position is to exceed sixty (60) days, the position shall be filled through competitive selection procedures or as stated in § 515 of this title.

1114.4 Upon termination of a temporary promotion and return to the previous position, salary shall be fixed in the previous grade either:

(a) At the step rate to which the employee would have progressed by means of a within-grade increase had the employee not been assigned to the higher grade; or

(b) In the event the employee received a Quality Step Increase in the higher grade, at the step rate immediately above the rate determined in accordance with § 1114.4(a).

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4306 (October 3, 1980).

5-E12 LEAVE AND BENEFITS

5-E DCMR § 1200 SICK LEAVE

1200.1 For purposes of this section, the term “sick leave” means an authorized absence from a regularly scheduled tour of duty because of illness or other medical reasons.

1200.2 Sick leave shall be credited to all full-time employees in the Educational Service and Career Service.

1200.3 All employees in the Educational Service, except for ET-15 employees, shall be credited sick leave at the rate of one hundred four (104) hours per leave year or calendar year.

1200.4 ET-15 employees shall be credited sick leave at the rate of one (1) day for each month of employment from September through June, inclusive, of each academic year.

1200.5 ET-15 employees may use three (3) days of this cumulative leave for any purpose. This leave is identified as general leave.

1200.6 Part-time employees with regular, pre-scheduled tours of duty shall be credited sick leave at the rate of one (1) hour for each twenty (20) work hours per pay period.

1200.7 Part-time employees with a tour of duty less than twenty (20) hours per pay period shall not earn sick leave.

1200.8 Circumstances warranting use of sick leave and procedures for crediting and authorizing use shall be established by the Superintendent of Schools.

1200.9 Unused sick leave shall be carried forward from year to year, with a maximum useable accumulation of one hundred thirty (130) days or one thousand forty (1,040) hours in any one (1) leave year.

1200.10 Accumulation in excess of this amount at the end of the 1980 leave year will not be useable, but shall be creditable under the provisions of § 1200.20.

1200.11 Employees with sick leave accumulations greater than the maximum allowed at the effective date of this section shall continue to carry forward any unused sick leave, in excess of one hundred thirty (130) days or one thousand forty (1,040) hours. The amount carried forward cannot exceed the balance at the time this policy becomes effective.

1200.12 Sick leave, not to exceed thirty (30) days or two hundred forty (240) hours may be advanced to permanent and probationary employees in cases of serious disability or illness.

1200.13 A temporary employee may be advanced sick leave in amounts equal to anticipated sick leave accruals during the temporary appointments.

1200.14 Any request for advance leave shall be submitted and approved in writing at least five (5) days in advance.

1200.15 Sick leave balances for ET-15 employees transferring to other pay systems in the Board of Education shall be converted from days to hours. In these cases, one (1) day equals eight (8) hours.

1200.16 Sick leave balances for employees transferring to ET-15 positions from other pay systems in the Board of Education shall be converted from hours to days. In such cases, eight (8) hours equals one (1) day.

1200.17 Accumulated sick leave shall not be payable upon resignation or termination from employment with the Board of Education.

1200.18 Sick leave accumulation of employees resigning to accept employment with another District government agency shall be transferred, provided that no break in service occurs.

1200.19 Sick leave accumulation shall be recredited if reemployment to a District agency occurs within three (3) years.

1200.20 Employees retiring under the Civil Service Retirement System or the Teacher’s Retirement Act shall have any remaining sick leave accumulations added to the total length of creditable service for annuity computation purposes.

1200.21 The terms of any negotiated agreement relating to sick leave shall supersede this section.

History

AUTHORITY: Unless otherwise noted the authority for this § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 27 DCR 4297, 4334-36 (October 3, 1980).

5-E DCMR § 1201 ANNUAL LEAVE

1201.1 Annual leave is an authorized absence from a regularly scheduled tour of duty, and is intended for vacation periods and for general and emergency absences.

1201.2 Annual leave shall be credited to all full-time employees in the Educational and Career Service, with the exception of ET-15 employees.

1201.3 Annual leave shall not be credited when employment is for a period less than ninety (90) days.

1201.4 When limited appointments extend beyond ninety (90) days, with no break in service, annual leave shall be granted retroactive to the date of initial appointment.

1201.5 Annual leave shall be credited on the basis of the length of total creditable District government service, as follows:

(a) Employees with less than three (3) years of creditable service shall be credited one hundred four (104) hours or thirteen (13) days of annual leave per leave year; and

(b) Employees with three (3) or more years but less than fifteen (15) years of creditable service shall be credited one hundred sixty (160) hours or twenty (20) days of annual leave per year;

(c) Employees with fifteen (15) or more years of creditable service shall be credited two hundred eight (208) hours or twenty-six (26) days of annual leave per leave year.

1201.6 Part-time employees with regular, pre-scheduled tours of duty shall be credited annual leave at the rate of one (1) hour for each twenty (20) work hours per pay period.

1201.7 Part-time employees with a tour of duty less than twenty (20) hours per pay period shall not earn annual leave.

1201.8 Circumstances warranting use of annual leave and procedures for crediting and authorizing use of annual leave shall be established by the Superintendent of Schools.

1201.9 Unused annual leave shall be carried forward from year to year, with a maximum accumulation of two hundred forty (240) hours or thirty (30) days. Accumulation in excess of two hundred forty (240) hours or thirty (30) days shall be forfeited at the end of the leave year.

1201.10 Procedures for and circumstances warranting the restoration of forfeited annual leave shall be established by the Superintendent.

1201.11 Annual leave may be advanced in amounts equal to that normally credited during the balance of the current leave year, or to the duration of appointment, whichever is appropriate.

1201.12 An employee with an annual leave balance to his or her credit who transfers to the ET-15 salary class with no break in service, may do either of the following:

(a) Elect a lump sum payment for the balance, payable at the time of employment; or

(b) Use the annual leave in increments of one-half (1/2) day or multiples of a half (1/2) day. Four (4) hours of annual leave shall equal one-half (1/2) day.

1201.13 Accumulated annual leave shall be payable upon separation from the Board of Education.

1201.14 Accumulated annual leave of employees resigning to accept employment with another District government agency will be transferred; provided, that no break in service occurs.

1201.15 The terms of any negotiated agreement relating to annual leave shall supersede this section.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4336-37 (October 3, 1980).

5-E DCMR § 1202 ADMINISTRATIVE LEAVE

1202.1 It shall be the policy of the Board of Education to grant absence from duty without charge to leave to employees in the Career and Educational Service in situations where the interest of the Board is served and in any other situations deemed appropriate by the Board or the Superintendent of Schools. These situations include but are not limited to those specified in this section.

1202.2 Employees who are authorized to attend appropriate job-related technical, scientific, and professional conferences, conventions, meetings, seminars, symposiums, approved training courses, and workshops during regular duty hours shall be considered to be in an administrative leave status.

1202.3 An employee of the Board of Education shall be carried in a duty status when summoned to serve as a juror on a petit or grand panel.

1202.4 If an employee is excused from jury duty for all or substantial part of a day, he or she shall report to the place of employment and perform regularly assigned duties for that period.

1202.5 If an employee is absent because of a subpoena from a court of competent jurisdiction to serve as a witness for the District or federal governments, the employee may be absent with pay and without the loss of accrued leave.

1202.6 Absence in connection with personal litigation shall be chargeable to annual leave.

1202.7 When an employee is injured in the performance of his or her duties, he or she shall be considered in a duty status during the time required for initial examination or emergency treatment to the extent that the time falls within the scheduled hours of duty for that day.

1202.8 Employees may be granted a reasonable amount of time to prepare and present appeals in connection with adverse actions, grievances, and discrimination complaints.

1202.9 Employees shall be considered in a duty status during grievance and appeals hearings.

1202.10 Procedures for the authorization of administrative leave shall be established by the Director of Personnel.

1202.11 The terms of any negotiated agreement relating to administrative leave shall supersede this section.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4337-38 (October 3, 1980).

5-E DCMR § 1203 COMPENSATORY TIME AND LEAVE

1203.1 The term “compensatory leave” means an authorized absence from duty with pay in lieu of payment for authorized overtime.

1203.2 Compensatory time and leave in lieu of paid overtime may be authorized for eligible employees of the Career Service and the Educational Service.

1203.3 ET-15 employees and other classroom-based employees shall not be eligible for compensatory time.

1203.4 Circumstances warranting use of compensatory leave and procedures for crediting and authorizing use of compensatory leave shall be established by the Superintendent of Schools.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4338 (October 3, 1980).

5-E DCMR § 1204 EXTENDED LEAVE OF ABSENCE

1204.1 All employees in the Educational Service shall be eligible for extended leaves of absence for periods in excess of thirty (30) days and not to exceed two (2) years.

1204.2 Extended leave of absence may be authorized for, but is not limited to, the following reasons:

Personal illness;

(b) Family care;

(d) Paternity leave;

(e) Adoption leave;

(f) Educational leave with pay;

(g) Educational leave without pay; and

(h) Military service leave.

1204.3 The Superintendent or the Superintendent’s designee shall authorize extended leaves of absence for all employees in accordance with this section.

1204.4 The Superintendent shall establish procedures for the application and approval of extended leaves of absence.

1204.5 An employee on extended leave of absence while working in a charter school may request an extension of this leave of absence for an unlimited number of two-year terms. The Superintendent may not unreasonably (as determined by the eligible chartering authority that chartered the school in which the employee works) withhold approval of such a request.

1204.6 Leave of absence for ET-15 and other school based employees shall commence with the beginning of a semester, to the extent possible.

1204.7 Extended leave of absence for ET and other school based employees shall not end during a semester unless authorized by the Superintendent or the Superintendent’s designee.

1204.8 Failure to return to duty following the expiration of an extended leave of absence, or authorized extension thereof, or failure to comply with established procedures may be considered as voluntary resignation.

1204.9 Extended leave of absence shall not be authorized for full-time employment outside of the D.C. Public Schools except as follows:

(a) Employment that directly relates to the stated missions, goals, or objectives of D.C. Public Schools, as determined by the Superintendent of Schools;

(b) One (1) year of full-time employment with the local union of an educational service employee; and

1204.10 All extended leaves of absence shall be without pay, with the exception of educational leave to pursue full-time graduate study in an area related to the stated goals and objectives of D.C. Public Schools.

1204.11 Upon return to duty from extended leave of absence without pay, reinstatement shall be made to the level of the salary schedule commensurate with the position to which the employee is reinstated; provided, that such an employee shall be reinstated to the same level of the salary schedule as at the beginning of the leave of absence when required by Federal or District law.

1204.12 Credit for partial years of service shall be granted according to procedures established by the Superintendent of Schools.

1204.13 Accrued annual or sick leave shall remain as of the balance at the beginning of the extended leave of absence with or without pay.

1204.14 Seniority shall remain as of the balance at the beginning of the extended leave or absence with or without pay.

1204.15 Seniority shall continue to accrue to those employees on leave of absence with pay.

1204.16 With the exception of military leave, periods of extended leave of absence without pay may not be counted toward service requirements for permanent status, future leaves of absence, retirement eligibility, and step increases, depending on the duration of the leave.

1204.17 The terms of any negotiated agreement relating to leave of absence shall supersede the provisions of this section.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4340 (October 3, 1980); as amended by Final Rulemaking published at 46 DCR 808-09 (January 29, 1999). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 1204

5-E DCMR § 1205 REINSTATEMENT

1205.1 The reinstatement of any employee of the Board of Education on authorized leave of absence shall be at the option of the Superintendent or the Superintendent’s designee; provided, that such an employee shall be entitled to reinstatement on application in accordance with the rules and procedures governing leave of absence when reinstatement is required by Federal or District law.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4302 (October 3, 1980); as amended by Final Rulemaking published at 46 DCR 808, 810 (January 29, 1999).

5-E DCMR § 1207 [RESERVED]

5-E DCMR § 1208 [RESERVED]

5-E DCMR § 1209 [RESERVED]

5-E DCMR § 1210 HEALTH BENEFITS

1210.1 The health insurance benefit provisions of Chapter 89 of Title 5 of the U.S. Code shall be applicable to all employees in the Educational, Career, and Excepted Service, except those specifically excluded by statute or regulation.

1210.2 Procedures for administering the health benefits program shall be consistent with law and the U.S. Office of Personnel Management regulations.

1210.3 Public Law 88-631 establishes the criteria for eligibility for temporary teachers.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4321 (October 3, 1980).

5-E DCMR § 1211 LIFE INSURANCE

1211.1 The life insurance benefits provisions of chapter 87 of Title 5 of the U.S. Code shall be applicable to all employees in the Educational, Career, and Excepted Services, except those specifically excluded by statute or regulation.

1211.2 Procedures for administering the life insurance program shall be consistent with law and the U.S. Office of Personnel Management regulations.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4321 (October 3, 1980).

5-E DCMR § 1212 [RESERVED]

5-E DCMR § 1213 [RESERVED]

5-E DCMR § 1214 [RESERVED]

5-E DCMR § 1215 EMPLOYEE DEVELOPMENT AND TRAINING

1215.1 It shall be the policy of the Board of Education to provide appropriate employee development and training opportunities to all employees of the Board.

1215.2 The Superintendent shall maintain programs for the training and development of employees through planned courses, systems, or other instruction or education in fields that are or will be related to the performance of official duties for the Board of Education, in order to increase their knowledge, proficiency, ability, skill, and qualifications in the performance of these duties.

1215.3 This system of training shall be created to ensure that the principles of efficiency, economy, and equitable treatment for all employees are carried out for the successful operation of the D.C. Public Schools.

1215.4 The Superintendent or his or her designee may make arrangements and agreements with colleges, universities, educational institutions, appropriate institutions, or corporations for the purpose of this section.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4320 (October 3, 1980).

5-E DCMR § 1216 [RESERVED]

5-E DCMR § 1217 [RESERVED]

5-E DCMR § 1218 [RESERVED]

5-E DCMR § 1219 [RESERVED]

5-E DCMR § 1220 INCENTIVE AWARDS

1220.1 It shall be the policy of the Board of Education to provide incentive awards, monetary or honorary, to employees or groups of employees for suggestions, inventions, superior accomplishments, length of service, and other meritorious efforts which contribute to the efficiency, economy, or otherwise improve the operation of the D.C. Public Schools.

1220.2 The incentive awards program is established for the purpose of recognizing and rewarding quality performance above and beyond normal expectations.

1220.3 To the extent that funds are appropriated, cash awards may be provided not to exceed five thousand dollars ($5,000).

1220.4 The Superintendent is authorized to establish a procedure whereby awards are granted; Provided that any monetary award in excess of five hundred dollars ($500) made to an individual must be approved by the Board of Education.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4318-19 (October 3, 1980).

5-E13 CONDITIONS OF EMPLOYMENT

5-E DCMR § 1300 EMPLOYEE CONDUCT

1300.1 Each employee of the Board of Education shall at all times maintain a high level of ethical conduct in connection with the performance of official duties, and shall refrain from taking, ordering, or participating in any official action that would adversely affect the confidence of the public in the integrity of the Board of Education.

1300.2 No employee of the Board of Education shall engage in outside employment or private business activity or have any direct or indirect financial interest that conflicts or would appear to conflict with the fair, impartial, and objective performance of officially assigned duties and responsibilities.

1300.3 No employee shall engage in outside employment during the hours of duty for which he or she is compensated by the Board of Education, except when the employee is in an authorized leave status.

1300.4 Personal behavior of an employee during non-duty hours shall be the employee’s concern, but this shall not preclude the Superintendent of Schools from taking action against an employee in circumstances where the employee’s conduct is detrimental to the Board of Education.

1300.5 The General Counsel to the Board for its staff and the Legal Counsel to the Superintendent for all employees subordinate to the Superintendent shall serve as ethics counselors.

1300.6 Pursuant to § 1803 of D.C. Law 2-139, there are other ethics counselors who shall issue advisory opinions concerning potential conflicts of interest.

1300.7 All employees of the Board of Education shall be governed by the rules adopted by the Mayor pursuant to Title XVIII, “Employee Conduct,” of D.C. Law 2-139.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 27 DCR 4297, 4318 (October 3, 1980).

5-E DCMR § 1301 TRANSFERS

1301.1 Transfers within the Board of Education shall be granted to employees of the D.C. Public Schools in accordance with procedures established by the Superintendent.

1301.2 The terms of any negotiated collective bargaining agreement pertaining to transfers shall supersede this section.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4326 (October 3, 1980).

5-E DCMR § 1302 HOURS OF DUTY

1302.1 The work week for employees of the Board of Education shall be not more than forty (40) hours or five (5) days per week.

1302.2 The work week of forty (40) hours or five (5) days does not include a thirty (30) minute duty-free lunch period each day, except as otherwise described in the provisions of a negotiated agreement or administrative procedures.

1302.3 Holidays shall be established annually by the Board of Education as part of the school calendar.

1302.4 The Board of Education recognizes the need for innovative scheduling strategies and may provide the opportunity for flexible schedules to permit varied arrival and departure times.

1302.5 Flex-time scheduling may apply to individual employees or groups of employees as is deemed necessary and appropriate and as approved by the appropriate Associate Superintendent, Assistant Superintendent, or Director.

1302.6 The applicable provisions of a collective bargaining agreement shall take precedence over the provisions of this section.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4314 (October 3, 1980).

5-E DCMR § 1303 DETAIL OF EMPLOYEES

1303.1 For purposes of this section, the term “detail” means the temporary assignment of an employee, without change in a pay category, to one of the following:

(a) A job other than the job to which the employee is officially assigned; or

(b) Duties separate and distinct from those of the official job with the employee either returning to the regular duties at the end of the detail or being reassigned.

1303.2 During a period of detail, an employee shall remain assigned to the official job, and the employee’s rights and pay shall be based on the official assignment, not on the duties or job to which he or she is detailed.

1303.3 Employees may be detailed on an informal basis for up to thirty (30) days, or officially detailed for periods in excess of thirty (30) days but not more than one hundred twenty (120) days.

1303.4 Details may be made based on semester breaks, if appropriate.

1303.5 The Director of Personnel shall be authorized to extend details beyond one hundred twenty (120) days.

1303.6 The terms of any negotiated collective bargaining agreement shall, as to details, supersede this section.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4304-05 (October 3, 1980).

5-E DCMR § 1304 TEMPORARY ASSIGNMENT IN THE EDUCATIONAL SERVICE

1304.1 The Superintendent shall develop procedures to effect temporary, time-limited appointments in the Educational Service to meet an administrative need, such as, but not limited to, the following:

(a) To fill a continuing position for a temporary period of time;

(b) Temporary ET-15 employees who do not qualify for probationary status cannot be employed in a temporary status for more than three (3) years; or.

1304.2 The Superintendent may authorize the Director of Personnel to assign ET-15 employees on a temporary basis as required, subject to the following:

(a) Appointment of ET-15 employees shall not extend beyond June 30th of the school year in which the appointment is made; and

(b) Temporary ET-15 employees who do not qualify for probationary status cannot be employed in a temporary status for more than three (5) years. Temporary ET-15 employees with more than ten (10) full years of satisfactory ET-15 service as of July 1, 1966, are not subject to this limitation.

1304.3 A person who lacks the prerequisite qualifications for appointment to probationary status may be appointed to a permanent position with temporary status only when no person who is qualified for probationary appointment has applied for the position.

1304.4 Upon written recommendation of the Superintendent or appropriate Associate Superintendent, Assistant Superintendent, or Division head, the Director of Personnel may terminate the appointment of any temporary employee at any time.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4305 (October 3, 1980); as amended by Final Rulemaking published at 46 DCR 811 (January 29, 1999).

5-E DCMR § 1305 [RESERVED]

5-E DCMR § 1306 PERFORMANCE EVALUATION

1306.1 Official performance evaluation ratings for all employees of the Board of Education shall be inclusive of work performed through June 30th, unless otherwise specified in this section.

1306.2 Ratings shall reflect the level of competence of employees who have worked for the same supervisor for at least ninety (90) days without change in position prior to the end of rating the period.

1306.3 Employees supervised by members of the Board of Education shall be evaluated through procedures established by the Board, to include an appropriate appeal process.

1306.4 Employees in grades ET 6-15 shall be evaluated each semester by the appropriate supervisor and rated annually, prior to the end of the school year, under procedures established by the Superintendent.

1306.5 The Superintendent shall develop procedures for the evaluation of employees in the EB schedule, EG schedule, and ET 2 through 5, except as provided in § 1306.3.

1306.6 Each performance rating plan shall provide for the following ratings:

(a) Outstanding performance;

(b) Above-average performance;

(d) Below-average performance; and

(e) Unsatisfactory performance.

1306.7 Outstanding and unsatisfactory ratings shall be approved by the Superintendent or his or her designee.

1306.8 Employees shall have the right to appeal below average or unsatisfactory performance evaluations.

1306.9 Except as provided in § 1306.3, appeal of a performance rating of “below average” or “unsatisfactory” shall be made in writing to the Superintendent of Schools within thirty (30) days of receipt of the contested evaluation.

1306.10 An appeal shall set forth the reasons for the appeal. Upon receipt of an appeal, the Superintendent may establish an Impartial Review Board consisting of three persons.

1306.11 The Impartial Review Board shall be responsible for reviewing, on behalf of the Superintendent, the information available concerning performance of the individual.

1306.12 The Superintendent of Schools shall advise the employee, in writing, of the disposition of the contested evaluation.

1306.13 Any further appeal from the decision of the Superintendent by the employee shall be to the D.C. Office of Employee Appeals, pursuant to procedures established by that office.

1306.14 The terms of any negotiated agreement pertaining to performance evaluation shall take precedence over the provisions of this section.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4319-20 (October 3, 1980).

5-E DCMR § 1307 PROBATIONARY PERIOD

1307.1 An employee initially entering or transferring into the Educational Service shall meet certification requirements of the Board of Education and serve a probationary period.

1307.2 An initial appointee to the EG salary class, except those appointed to classroom teaching positions, shall serve a one (1) year probationary period. Appointees to EG teaching positions shall serve a probationary period of two (2) years.

1307.3 An initial appointee to the ET salary class shall serve a two (2) year probationary period requirement.

1307.4 All employees shall be required to serve a one (1) year probationary period upon initial appointment to a supervisory or managerial position.

1307.5 The probationary period shall be used to evaluate the performance of the employee.

1307.6 Failure to satisfactorily complete the requirements of the probationary period shall result in termination from the position. An employee who satisfactorily completes all probationary requirements shall, upon the recommendation of the appropriate supervisor, receive tenure in the position, or salary class, in which the probation was completed.

1307.7 If the employee has permanent status in any prior position in the Educational Service, the employee shall be entitled to return to a suitable and available position equivalent to his or her prior position.

1307.8 If the employee does not have permanent status in a prior position, he or she shall be terminated from employment.

1307.9 Any Educational Service employee who is promoted to a higher position in the Educational Service prior to completion of the required probationary period in a lower position shall satisfy the probationary requirements of the lower position while currently serving in the higher position; provided, that he or she performs satisfactorily at the higher level, whenever an additional probationary period is required at the higher level.

1307.10 Notwithstanding the provisions of § 1307.6, the Office of Human Resource Management may, within its discretion, permit a candidate for standard teacher certification, who at the end of the three (3) year period of provisional certification has not successfully fulfilled the requirements, including the testing requirements as required by § 1308.1, to remain in his or her teaching position until the completion of the academic year in which his or her provisional certification expires.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4323 (October 3, 1980); as amended by: Final Rulemaking published at 35 DCR 9054, 9056 (December 30, 1988); and Final Rulemaking published at 47 DCR 5212, 5215 (June 23, 2000). EDITOR’S NOTE: The words “his or her” have been substituted for the word “their” in § 1307.10.

5-E DCMR § 1309 QUALIFICATIONS OF PARAPROFESSIONALS.

1309.1 All paraprofessionals employed by D.C. Public Schools shall have earned a high school diploma or its recognized equivalent, regardless of the paraprofessionals' hiring date.

1309.2 An instructional paraprofessional who provides direct academic support to students or teachers shall:

(a) Complete at least two (2) years of study at an institution of higher education;

(b) Obtain an associate's (or higher) degree; or

(1) Knowledge of, and the ability to assist in instructing, reading, writing, and mathematics; or

(2) Knowledge of, and the ability to assist in instructing, reading readiness, writing readiness, and mathematics readiness, as appropriate.

1309.3 The receipt of a high school diploma (or its equivalent) shall be necessary but not sufficient to satisfy the requirements of § 1309.2(c).

1309.4 The mandatory deadline for all instructional paraprofessionals employed by the D.C. Public Schools to meet the requirements stated in § 1309.2 shall be June 30, 2008.

1309.4 Instructional paraprofessionals who fail to meet the mandatory June 30, 2008 deadline may be subject to disciplinary action, up to and including termination.

1309.5 The requirements of § 1309.2 shall not apply to a paraprofessional if:

(a) The paraprofessional is proficient in English and a language other than English and provides services primarily to enhance the participation of children by acting as a translator, with proficiency in English and a language other than English determined by standards established by D.C. Public Schools;

(b) The paraprofessional's duties consist solely of conducting parental involvement activities; or

(c) The paraprofessional's duties are limited to cafeteria or playground supervision, personal care services, and/or non-instructional computer assistance.

5-E DCMR § 1312 [RESERVED]

5-E DCMR § 1313 [RESERVED]

5-E DCMR § 1314 [RESERVED]

5-E DCMR § 1315 RECORDS MANAGEMENT AND PRIVACY OF RECORDS

1315.1 All official personnel records of employees of the Board of Education shall be established, maintained, and disposed of in a manner designed to ensure that greatest degree of applicant or employee privacy, while providing adequate, necessary, and complete information for the Board of Education to carry out its functions.

1315.2 Official personnel records shall be established, maintained, and disposed of in accordance with procedures issued by the Board of Education.

1315.3 The official personnel folder shall be the official repository of the personnel actions and related documents effected during an employee’s service with the Board of Education.

1315.4 The personnel actions and other documents, filed as permanent records in the folder, shall give legal force and effect to personnel transactions and establish an employee’s rights and benefits under the pertinent laws and regulations governing employment.

1315.5 The official personnel folder shall be maintained in the Division of Personnel for the period of employment in the Board of Education.

1315.6 It shall be the policy of the Board of Education to make personnel information in its possession or under its control available upon request to appropriate personnel and law enforcement authorities, except if disclosure would constitute an unwarranted invasion of personal privacy or is prohibited under law or rules and regulations issued pursuant to the law.

1315.7 Whenever an employee moves from the Board of Education to another District government agency, the employee’s official personnel folder shall be promptly sent to the employing agency, after an appointment personnel action is received from the new employing agency.

1315.8 Employees may appeal to the Office of Employee Appeals any decision rendered by the Director of Personnel under the authority of this section and § 1316.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4320-21 (October 3, 1980).

5-E DCMR § 1316 EMPLOYEE ACCESS TO OFFICIAL PERSONNEL RECORDS

1316.1 The official personnel records of an employee shall be disclosed to the employee or any designated representative of the employee’s choice.

1316.2 All disclosures shall be made in the presence of a representative of the Division of Personnel.

1316.3 The following information which may be in an official personnel folder shall not be disclosed to any employee:

(a) Information that has been received on a confidential basis from a person under an agreement that the identity of the source of the information will not be disclosed; provided, that the information may be disclosed if all information identifying the source of the information is deleted in a manner to positively preclude identity of the source;

(b) Medical information that, in the judgment of the employee’s physician, would be injurious to the health of the employee, if disclosed;

(d) Suitability inquiries and confidential questionnaires undertaken in accordance with rights afforded in the CMPA or the rules of the Educational Service; or

(e) Test and examination materials that may continue to be used for selection and promotion purposes; provided, that the description of test and general results shall be disclosed.

1316.4 An employee shall have the right to present information immediately germane to any information contained in his or her official personnel folder and seek to have irrelevant, immaterial, or untimely information removed from the record.

1316.5 Information other than a record of official personnel action shall be untimely if it concerns an event more than three (3) years in the past upon which an action adverse to the employee may be based.

1316.6 When the Director of Personnel finds that an official record contains immaterial, irrelevant, or untimely information, the Director shall remove that information from the official record.

1316.7 Materials shall be placed in an employee’s official personnel folder only at the request of the employee, or at the request of the employee’s supervisor, the Director of Personnel or his or her designee, or the Superintendent of Schools.

History

SOURCE: Final Rulemaking published at 27 DCR 4297, 4313-14 (October 3, 1980).

5-E14 ADVERSE ACTIONS

5-E DCMR § 1400 GENERAL PROVISIONS

1400.1 The following adverse actions shall be subject to the rules and procedures set forth in this chapter:

(a) Dismissal;

(b) Suspension; and

1400.2 The provisions of §§ 1401 through 1409 shall not apply to any of the following personnel actions:

(a) The termination of a temporary appointment upon the expiration of the stated term of appointment, or upon the expiration of the circumstances that created the temporary vacancy to which the appointment was made;

(b) The change to a lower grade or position of an employee who had been temporarily promoted, when the employee is returned to the grade or position held prior to the temporary promotion or is appointed to an intermediate grade or position;

(d) Reductions in force;

(e) Furlough;

(f) Termination of coterminous or wages as employed (“WAE”) appointments;

(g) Reassignments and transfers; provided, that reassignments and transfers shall not be effected for disciplinary purposes, but shall be effected only for the good of the school system.

(h) Failure to successfully complete requisite examinations for licensure as a teacher, pursuant to the rules on teacher testing contained in this title;

(i) Failure to receive appropriate clearance after the requisite background check performed pursuant to the rules on background checks contained in this title; or

(j) Separation of a probationary employee.

1400.3 The provisions of §§ 1400 and 1401 shall apply to all employees of the Board of Education of the District of Columbia.

1400.4 The provisions of §§ 1402 through 1409 shall apply to all employees of the Board of Education except those employees within recognized bargaining units with which an agreement on adverse action grievances procedures has been ratified and is in effect at the time the adverse action is effected.

1400.5 The Superintendent of Schools or the Superintendent’s designee shall effect adverse actions against employees in recognized bargaining units with agreements in force according to the procedures set forth in the applicable agreement.

1400.6 Delegations of authority to effect adverse actions by the Superintendent shall be in writing.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 24 DCR 6446, 6476 (February 3, 1978); as amended by Final Rulemaking published at 37 DCR 2125 (March 30, 1990); and by Final Rulemaking published at 40 DCR 6892 (October 1, 1993).

5-E DCMR § 1401 GROUNDS FOR ADVERSE ACTION

1401.1 Adverse action shall be taken for grounds that will promote the efficiency and discipline of the service and shall not be arbitrary or capricious.

1401.2 For purposes of this section, “just cause for adverse action” may include, but is not necessarily limited to, one (1) or more of the following grounds:

(a) Inefficiency;

(b) Grave misconduct in office;

(c) Incompetence, including either inability or failure to perform satisfactorily the duties of the position of employment;

(d) Willful nonperformance, or inexcusable neglect of duty;

(e) Insubordination including refusal to submit to a mental or physical examination authorized by the rules of the Board of Education or any law or regulation of the District government;

(f) On-duty use of drugs not prescribed for the using individual, or obtained illegally;

(g) Intoxication while on duty;

(h) Fraud in securing employment or falsification of official records;

(i) Dishonesty;

(j) Willful disobedience;

(k) Inexcusable absence without leave;

(l) Lack of dependability;

(m) Conviction of a felony;

(n) Discourteous treatment of the public, supervisor, or other employees;

(o) Political activity on school system grounds or while on duty, except as permitted by the Code of Laws of the District of Columbia, the U.S. Constitution, or the D.C. Board of Education rules;

(p) Misuse, mutilation or destruction of D.C. Board of Education property, funds, or public records;

(q) Engaging in a strike;

(r) Misuse of official position or unlawful coercion of an employee for personal gain or benefit;

(s) Other failure of good behavior during duty hours which is of such a nature that it causes discredit to the employee’s agency or employment;

(t) Violation of the rules, regulations, or lawful orders of the Board of Education or any directive of the Superintendent of Schools, issued pursuant to the rules of the Board of Education;

(u) Any other cause authorized by the laws of the District of Columbia;

(v) Other conduct during and outside of duty hours that would affect adversely the employee’s or the agency’s ability to perform effectively; or

(w) Conviction of a misdemeanor, when the conviction is based on conduct that would affect adversely the employee’s or the agency’s ability to perform effectively. A plea of guilty, or a conviction following a plea of nolo contendere, to a charge of a misdemeanor involving the specified conduct, shall constitute prima facie evidence of the elements of the misdemeanor.

(x) Harassment. An employee commits an offense under this provision when he/she engages in verbal or physical conduct or communication relating to an individual’s actual or perceived race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, political affiliation, disability, or source of income in a manner that denies or limits a student’s ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive environment for employees or others in the school environment such that it interferes with the employment duties of employees or the effective performance of the school-related functions of others.

(y) Sexual harassment. An employee commits an offense under this provision when he/she engages in conduct consisting of unwelcome and unsolicited sexual advances, requests for sexual favors, sexually motivated physical conduct, or other verbal or physical conduct or communication of a sexual nature that denies or limits a student’s ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive environment for students, employees or others in the school environment such that it interferes with the employment duties of employees or the effective performance of the school-related functions of others.

(z) Retaliation for reporting harassment and sexual harassment. An employee commits an offense under this provision when he/she retaliates against any person who reports alleged harassment or sexual harassment, or any person who testifies, assists or participates in an investigation, or who testifies, assists or participates in a proceeding or hearing relating to such harassment or sexual harassment. An employee retaliates against a person if, as a result of action taken by the employee described in the previous sentence, 1) such person is reasonably intimidated by verbal threats or physical conduct of the employee, or 2) such person is denied an opportunity, right or privilege to which he/she would otherwise be entitled, or 3) such person is subjected to detrimental treatment to which he/she would not otherwise be subjected.

1401.3 An employee who is the subject of an adverse action shall be given notice of the ground(s) on which the adverse action is based.

1401.4 The notice shall contain the reasons and basis for the ground(s) of the adverse action in sufficient detail to reasonably inform the employee of the specific grounds and reasons for the adverse action.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6477 (February 3, 1978); as amended by Final Rulemaking published at 37 DCR 2125 (March 30, 1990); as amended by Final Rulemaking published at 37 DCR 6805 (October 26, 1990); and by Final Rulemaking published at 49 DCR 7513, 7515 (August 2, 2002).

5-E DCMR § 1402 INITIATION OF ADVERSE ACTION AND RIGHT OF APPEAL

1402.1 The Superintendent of Schools or the Superintendent’s designee may effect the dismissal, suspension, or demotion for cause of any employee under his or her authority.

1402.2 Delegation of personnel authority to effect adverse actions by the Superintendent of Schools shall be in writing.

1402.3 The Superintendent of Schools shall inform the Board of Education of the following:

(a) All delegations of personnel authority to effect adverse actions;

(b) All adverse actions of dismissal, demotion for cause, and suspension for more than thirty (30) days; and

(1) Dismissal;

(2) Demotion for cause; and

(3) Suspension for more than thirty (30) days.

1402.4 Appeal from a suspension for thirty (30) days or less shall be taken to the Superintendent of Schools or to an official designated by the Superintendent other than the official effecting the suspension, pursuant to guidelines established by the Superintendent. An appeal from a suspension shall be filed within five (5) days of the effective date of the suspension.

1402.5 Appeal from a dismissal, demotion for cause, or suspension for more than thirty (30) days shall be taken pursuant to the provisions of § 1406.

1402.6 If no appeal is filed within the applicable time limit set forth in § 1402.4 or §1406, the adverse action effected by the Superintendent or the Superintendent’s designee shall be the final administrative agency action of the Board of Education.

1402.7 If a timely appeal is filed pursuant to § 1402.4, the final administrative agency action of the Board of Education shall be taken pursuant to the guidelines established by the Superintendent.

1402.8 If a timely appeal is filed pursuant to § 1406, the final administrative agency action of the Board of Education shall be taken pursuant to § 1409.

1402.9 The effective date of an adverse action shall not be stayed by the filing of a timely appeal.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6478 (February 3, 1978).

5-E DCMR § 1403 NOTICE OF ADVERSE ACTION

1403.1 An employee who is the subject of an adverse action shall have the right to receive written notice of the action prior to the effective date of the action, as set forth in this section.

1403.2 Notice of dismissal, demotion for cause, or suspension for more than thirty (30) days shall be received by the employee not less than ten (10) days prior to the effective date of the adverse action.

1403.3 Notice of suspension for thirty (30) days or less shall be received by the employee within a reasonable time prior to the effective date of the suspension in order to allow the employee to reply to the action. In no case shall a notice of suspension be given less than twenty-four (24) hours.

1403.4 Notice of adverse action shall contain at least the following:

(a) The type of adverse action;

(b) The effective date of the adverse action;

(d) Notice of all procedures, rights of appeal, time limits, and other matters pertaining to the adverse action applicable to the affected employee;

(e) A copy of the provisions of this chapter; and

(f) The location and times when the employee or his or her representative may review the material in the adverse action file upon which the action is based.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6479 (February 3, 1978).

5-E DCMR § 1404 STATUS DURING NOTICE PERIOD

1404.1 The employee or his or her representative shall be given access to the documents, reports, and other materials contained in the adverse action file, including all materials that support the adverse action being taken.

1404.2 Adverse action file materials that relate to the grounds and reasons for the adverse action shall be available for inspection by the employee or his or her representative not later than twenty-four (24) hours after the receipt of the notice of adverse action by the employee. These file materials shall be available at the times and places specified in the notice.

1404.3 An employee who is the subject of an adverse action shall be retained in active duty status during the notice period, except in the following instances:

(a) When it is determined by the official effecting the adverse action that retention of the employee in an active duty status might result in damage to public school property; may result in injury or harm to students, other employees, or members of the public; or may be detrimental to the efficiency and discipline of the school system, the employee may be temporarily assigned to other duties where these conditions are not likely to occur or the employee may be placed on administrative leave with pay; and

(b) When the official effecting an adverse action also effects a separate action of suspension for thirty (30) days or less during the notice period.

1404.4 The decision of the official effecting an adverse action to reassign the employee or place the employee on administrative leave with pay during the notice period shall not be subject to appeal.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6480 (February 3, 1978).

5-E DCMR § 1405 ANSWER TO ADVERSE ACTION

1405.1 An employee shall be entitled to answer the notice of adverse action in writing, through the filing of an appeal pursuant to § 1402.4 or § 1406, or both.

1405.2 The following time limits shall apply to the submission of a written answer by the employee or the employee’s representative:

(a) For dismissal, demotion for cause, or suspension for more than thirty (30) days, the written answer shall be submitted within fourteen (14) days of the receipt of the notice of adverse action by the employee; and

(b) For suspension of thirty (30) days or less, the written answer shall be submitted within the time stated in the notice, but in no case in less than twenty-four (24) hours from the receipt of the notice of adverse action by the employee.

1405.3 A written answer submitted pursuant to this section shall be submitted to the official effecting the adverse action.

1405.4 The official effecting the adverse action may extend the time to file the written answer upon the written request of the employee or the employee’s representative.

1405.5 The employee’s written answer, if any, shall be made a part of the adverse action file.

1405.6 In addition to any appeal rights provided by this chapter, an employee who has received a notice of adverse action may respond, either orally or in writing, to the notice. The written or oral response shall occur within fourteen (14) days of receipt of the notice of adverse action by the employee. A written response shall thereafter be made a part of the employee’s personnel file.

1405.7 An oral response, pursuant to § 1404.5, shall consist of a non-recorded informal meeting where the affected employee meetings with the official initiating the adverse action is permitted to present his or her response to the notice of proposed termination.

1405.8 When the employee makes an oral response, pursuant to § 1404.6, the official initiating the proposed termination shall do the following:

(a) Summarize the affected employee’s position;

(b) Send a copy of the summarization to the employee; and

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6481 (February 3, 1978); as amended by Final Rulemaking published at 37 DCR 2125, 2127 (March 30, 1990); and by Final Rulemaking published at 38 DCR 1132 (February 15, 1991).

5-E DCMR § 1406 APPEAL TO THE SUPERINTENDENT OF SCHOOLS

1406.1 An employee shall have the right to appeal a dismissal, demotion for cause, or suspension for more than thirty (30) days to the Superintendent of Schools and receive a hearing on the appeal pursuant to the provisions of this section, except in the following instances:

(a) An employee with temporary or probationary status may appeal to the Superintendent of Schools, pursuant to procedures established by the Superintendent; however, the appeal shall not include the right to a formal hearing under this section;

(b) An employee who alleges that the adverse action is being taken for discriminatory reasons in violation of the human rights laws of the District of Columbia (D.C. Law 2-38, as amende(d) shall take an appeal to the D.C. Office of Human Rights, pursuant to the rules and procedures established by that office; and

(c) An employee who has appeal rights to another governmental agency under any statute of the United States or District of Columbia, and who elects to exercise those appeal rights, shall be deemed to have waived all appeal rights under this chapter.

1406.2 An appeal to the Superintendent of Schools shall be granted upon the timely filing of a written request for a hearing.

1406.3 A request for hearing shall be filed with the Superintendent of Schools or the Superintendent’s designee not later than ten (10) days after the receipt of the notice of adverse action by the employee.

1406.4 Failure to file a timely request for a hearing shall constitute a waiver of the right to appeal the adverse action.

1406.5 The time limit for filing a request for a hearing, as set forth in this section, may be extended by the Superintendent of Schools or the Superintendent’s designee as follows:

(a) Upon a showing by the employee or the employee’s representative that he or she was not properly notified of the time limit for filing the request and was not otherwise aware of it; or

(b) Upon a showing that the employee was prevented from filing a timely request by circumstances beyond his or her control.

1406.6 If the request for extension of time to file an appeal is granted, the extension shall be for five (5) days from the date on which the employee receives notification of the extension.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6482 (February 3, 1978); as amended by Final Rulemaking published at 40 DCR 6892 (October 1, 1993).

5-E DCMR § 1407 ADVERSE ACTION APPEAL HEARINGS

1407.1 The Superintendent of Schools shall designate an adverse action hearing office.

1407.2 All appeals shall be conducted under the auspices of the hearing office, pursuant to the provisions of this section.

1407.3 Upon receipt of a timely request for a hearing, the hearing office shall schedule a hearing before a hearing officer at a time convenient to the parties, subject to the availability of the hearing officer.

1407.4 The Board of Education shall employ impartial hearing officers on a full-time or part-time basis to conduct adverse action appeal hearings.

1407.5 The impartial hearing officers shall have the appropriate training and qualifications to conduct adverse action hearings.

1407.6 An employee shall be afforded the following safeguards in connection with the hearing held pursuant to this section:

(a) The right to be represented by counsel or other representative of the employee’s choice, at the expense of the employee;

(b) The right to cross-examine any witness testifying for the school system;

(c) The right to call witnesses in the employee’s behalf and to present other evidence in support of the appeal, including the right to call employees of the school system to appear as witnesses in his or her behalf;

(d) The right of access to materials in the adverse action file, pursuant to the provisions of § 1404; and

(e) The right to a free copy of the electronic recording made of the hearing.

1407.7 Transcripts of all or any portion of the hearing record may be requested by the employee or the employee’s representative at a cost of twenty-five cents (25¢) per page.

1407.8 Requests for a transcript shall be made to the hearing office within ten (10) days of the receipt of the final determination of the appeal.

1407.9 An employee or employee’s representative may arrange to have a record of the hearing taken and transcribed by a qualified reporter hired by the employee at the employee’s expense; provided, that the hearing office shall be notified of any arrangement for a record of the hearing not less than three (3) days prior to the scheduled date of the hearing.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6483 (February 3, 1978).

5-E DCMR § 1408 HEARING PROCEDURES

1408.1 All hearings held pursuant to § 1407 shall be closed to the public unless the employee requesting the hearing specifically requests that the hearing be open.

1408.2 An open hearing may be closed at any time upon the request of the employee.

1408.3 The rules of evidence shall not be strictly applied by the hearing officer; however, the hearing officer shall have the authority to use the rules of evidence currently in effect in the Superior Court of the District of Columbia as guidelines for the orderly conduct of the hearing. The hearing officer shall exclude any evidence or testimony that is irrelevant or repetitive.

1408.4 An electronic recording of the hearing shall be made.

1408.5 All testimony shall be given under oath or affirmation administered by the hearing officer.

1408.6 Any person may be excluded from the hearing by the hearing officer for conduct that interferes with the hearing process.

1408.7 The hearing officer may request proposed findings or post-hearing briefs on any issue.

1408.8 Any party may file a post-hearing brief at the conclusion of the hearing at its own initiative.

1408.9 The official record of the hearing shall consist of the following:

(a) The notice of adverse action;

(b) The request for the appeal hearing;

(d) The electronic recording of the hearing;

(e) Any post-hearing briefs or proposed findings submitted by the parties;

(f) The written report of the hearing officer; and

(g) Any exceptions to the hearing officer’s findings and recommendations submitted by the parties.

1408.10 The hearing officer shall make written findings and recommendations within ten (10) days of the conclusion of the hearing.

1408.11 Findings and recommendations shall be filed with the hearing office which shall forward copies to each party or its representative.

1408.12 Within seven (7) days of the receipt of the copy of the hearing officer’s findings and recommendations, any party or its representative may submit to the hearing office written exceptions to the findings and recommendations.

History

SOURCE: Final Rulemaking published at 24 DCR 6446, 6484 (February 3, 1978).

5-E DCMR § 1409 FINAL AGENCY ACTION ON THE APPEAL

1409.1 The final determination of an appeal brought pursuant to § 1406 shall be made by the Superintendent of Schools or an appeals panel designated by the Superintendent.

1409.2 The Superintendent may designate a panel of not less than three (3) officials to consider the official record of the hearing and make a final determination on the appeal.

1409.3 No member of an appeals panel designated pursuant to this section shall have recommended or effected the adverse action that is the subject of the appeal under consideration by the panel.

1409.4 All appeals from adverse actions effected by the Superintendent of Schools shall be determined by an appeals panel.

1409.5 The official record shall be submitted to the Superintendent or the appeals panel by the hearing office upon receipt of exceptions to the hearing officer’s findings and recommendations or upon expiration of the time to file exceptions, pursuant to §1408.

1409.6 The determination of the appeal shall be made in writing by the Superintendent Schools or appeals panel within twenty (20) days of the receipt of the official record from the hearing office.

1409.7 The written determination of the appeal shall specify the grounds for adverse action that have been sustained, if any, and those grounds that have not been sustained, if any, and shall contain one of the following:

(a) If the adverse action has been sustained, a statement that the determination is the final administrative agency action of the Board of Education; or

(b) If an adverse action of dismissal has been reversed, a notice of reinstatement.

1409.8 If the adverse action is reversed, the employee shall be made whole for the action, including reinstatement where appropriate.

1409.9 An employee who has received a determination of an adverse action appeal pursuant to this section shall be deemed to have exhausted all administrative remedies.

1409.10 A copy of the determination of the adverse action appeal shall be delivered to the hearing office, which shall forward copies to all parties.

History

SOURCE: Final Rulemaking published at 27 DCR 6446, 6485 (February 3, 1978).

5-E15 REDUCTION IN FORCE

5-E DCMR § 1500 GENERAL POLICY

1500.1 The purpose of this chapter is to establish an orderly procedure for the termination of the employment of employees of the Board of Education due to the lack of funds, lack of work, or reorganization of functions.

1500.2 Reduction-in-force (RIF) is a process whereby the total number of positions is reduced for one (1) or more of the following reasons:

(a) Budgetary reasons;

(b) Curtailment of work;

(d) Other compelling reasons.

1500.3 All employees of the D.C. Board of Education, regardless of previous classification, are classified as educational service employees under the personnel authority of the Board of Education and shall be processed pursuant to this chapter.

1500.4 When used in this chapter, the following terms shall have the meanings set forth in this subsection:

(a) Nonschool-based personnel: employees of the Board of Education who are not based at a local school or who do not provide direct services to individual students;

(b) School-based personnel: employees of the Board of Education who are based at a local school or who provide direct services to individual students;

(c) School administrators: principals, assistant principals, school program directors, coordinators, instructional supervisors, and support personnel of the Board of Education;

(d) Days: calendar days;

(e) Encumbered position: a position which is presently filled by an employee performing an assigned function(s);

(f) Length of service: includes service with the Board of Education, the federal government, the District of Columbia government, and the military. In addition, each employee who is a bona fide resident of the District of Columbia shall have added five (5) years to his or her creditable service for reduction-in-force purposes. For purposes of this section only, a nonresident District employee who was hired by the District government prior to January 1, 1980, and has not had a break in service since that date, or, a former employee of the U. S. Department of Health and Human Services at Saint Elizabeth’s Hospital who accepted employment with the District government on October 1, 1987, and has not had a break in service since that date, shall be considered a District resident; and

(g) Status: designation within a position, or within the system, such as permanent, probationary, temporary, or temporary indefinite.

1500.5 The procedures set forth in this chapter shall supersede the terms of any negotiated collective bargaining agreement in force and effect or to be negotiated for the fiscal year ending September 30, 2002 and subsequent fiscal years.

History

AUTHORITY: Unless otherwise noted the authority for this chapter is § 2 of an Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 43 DCR 5264 (September 27, 1996); as amended by Final Rulemaking published at 49 DCR 5975 (June 28, 2002).

5-E DCMR § 1501 COMPETITIVE AREAS

1501.1 The Superintendent is authorized to establish competitive areas based upon all or a clearly identifiable segment of the mission, a division, or a major subdivision of the Board of Education, including discrete organizational levels such as an individual school or office. Employees in one competitive area shall not compete with employees in another competitive area.

1501.2 School-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes.

History

SOURCE: Final Rulemaking published at 43 DCR 5264, 5265 (September 27, 1996).

5-E DCMR § 1502 COMPETITIVE LEVELS

1502.1 For purposes of this section, “competitive levels” are groups, within a competitive area, consisting of all positions in the same grade or occupational level that are sufficiently alike in the following characteristics that a person could be assigned to any position without changing the terms of appointment or unduly interrupting the work program:

(a) Qualifications;

(b) Requirements;

(d) Responsibilities;

(e) Pay schedules; and

(f) Working conditions.

1502.2 Nonschool-based personnel or school administrators shall not be assigned or reassigned to the same competitive level as classroom teachers.

History

SOURCE: Final Rulemaking published at 43 DCR 5264, 5266 (September 27, 1996).

5-E DCMR § 1503 REDUCTION-IN-FORCE PROCEDURES FOR FISCAL YEAR 2000 AND SUBSEQUENT FISCAL YEARS

1503.1 An employee who encumbers a position which is abolished shall be separated in accordance with this chapter notwithstanding date of hire or prior status in any other position.

1503.2 If a decision must be made between employees in the same competitive area and competitive level, the following factors, in support of the purposes, programs, and needs of the organizational unit comprising the competitive area, with respect to each employee, shall be considered in determining which position shall be abolished:

(a) Significant relevant contributions, accomplishments, or performance;

(b) Relevant supplemental professional experiences as demonstrated on the job;

(d) Length of service.

1503.3 When an entire competitive level within a competitive area is eliminated, these factors need not be considered in determining which positions will be abolished.

History

SOURCE: Final Rulemaking published at 43 DCR 5264, 5266 (September 27, 1996); as amended by 49 DCR 5975 (June 28, 2002).

5-E DCMR § 1504 SUPERINTENDENT’S REASSIGNMENT OPTION

1504.1 As an option to separation, the Superintendent may reassign an employee who is subject to separation, subject to the provisions in this chapter.

1504.2 Employees separated under a reduction-in-force may be offered vacant positions, subject to the provisions in this chapter.

1504.3 The filling of a vacant position is discretionary and the Superintendent need not fill any vacancy that he or she may elect to keep vacant.

History

SOURCE: Final Rulemaking published at 43 DCR 5264, 5267 (September 27, 1996).

5-E DCMR § 1505 JOB SHARING, REDUCED HOURS AND REEMPLOYMENT PRIORITY CONSIDERATION

1505.1 The Superintendent is authorized to consider job sharing and reduced hours as alternatives to separating employees pursuant to this chapter.

1505.2 The Superintendent is authorized to establish and implement procedures that govern priority consideration for reemployment of separated employees.

1505.3 Nothing in this section shall either grant separated employees a right to be reemployed or grant current employees a right to job sharing or reduced hours.

History

SOURCE: Final Rulemaking published at 49 DCR 5975 (2002).

5-E DCMR § 1506 NOTICE REQUIREMENTS

1506.1 An employee selected for separation shall be given specific written notice at least thirty (30) days prior to the effective date of the separation. The specific notice shall state specifically what action is to be taken, the effective date of the action, and other necessary information regarding the employee’s status and appeal rights.

1506.2 An employee may also be given a written general notice prior to a separation due to a reduction-in-force but such general notice is not required. The general notice may be used when it is not yet determined what individual action, if any, will be taken.

History

SOURCE: Final Rulemaking published at 43 DCR 5264, 5267 (September 27, 1996); as amended by Final Rulemaking published at 49 DCR 4975, 4976 (June 28, 2002).

5-E DCMR § 1507 APPEAL OF RIF ACTIONS

1507.1 RIF actions shall be appealed pursuant to the provisions of this section.

1507.2 Neither the establishment of a competitive area smaller than this agency, nor the determination that a specific position is to be abolished, nor separation pursuant to this chapter shall be subject to review except as follows:

(a) An employee may file a complaint contesting a determination or a separation pursuant to Subchapter XV of the Comprehensive Merit Personnel Act (D.C. Official Code § 1-615.01 (2001)) of § 303 of the Human Rights Act of 1977 (D.C. Official Code § 2-1403.03 (2001)). Complaints filed pursuant to Subchapter XV shall be filed in the D.C. Superior Court and those filed pursuant to the Human Rights Act with the D.C. Office of Human Rights; and

(b) An employee may file with the Office of Employee Appeals an appeal contesting that the separation procedures of §§ 1503 and 1506 were not properly applied.

1507.3 An appeal or complaint shall be in writing and shall include the following:

(a) The identity of the employee and the agency;

(b) The nature and the effective date of the action appealed; and

History

SOURCE: Final Rulemaking published at 43 DCR 5264, 5267 (September 27, 1996); as amended by Final Rulemaking published at 49 DCR 5975, 5976 (June 28, 2002).

5-E DCMR § 1508 FURLOUGHS

1508.1 An employee may be furloughed if at the time of the furlough the Superintendent intends to recall the employee to duty, to the position from which furloughed, within one (1) year.

1508.2 Furloughs shall be limited to one (1) year or less.

1508.3 A decision to furlough may be due to either curtailment of work, reorganization of functions, budgetary, or other compelling reasons.

1508.4 The determination regarding furlough shall be made by the Superintendent.

1508.5 If all employees who are furloughed from the same competitive level and competitive area are not to be recalled at the same time, the Superintendent shall establish the method by which employees are returned.

1508.6 If furloughed employees remain surplus at the expiration of the furlough period, a notice of separation by reduction-in-force shall be issued without the necessity for the employee’s return to duty.

1508.7 Where it is known sufficiently in advance that a furloughed employee’s services will not be required, furloughed employees may be given the required notice of separation by reduction-in-force while still in a furlough status.

1508.8 The provisions of §§ 1505 and 1506 shall be applicable to furloughed employees.

1508.9 To avoid a break in service, employees shall be carried in a leave-without-pay status during the time of a furlough.

1508.10 Life insurance and health insurance benefits shall continue uninterrupted during the period of furlough.

1508.11 Although annual and sick leave shall continue to be accrued during periods of furlough, no employee shall use accrued sick leave or annual leave during a period of furlough.

1508.12 If any gross salary is earned during a pay period in which a furlough is effected, deductions for taxes, retirement, tax-shelter annuities, and health and life insurance benefits shall be made.

1508.13 The period of a furlough shall be credited as part of an employee’s service computation date for the purpose of calculating the employee’s eligibility for retirement and for purposes of subsequent reductions-in-force (if applicable).

History

SOURCE: Final Rulemaking published at 43 DCR 5264, 5268 (September 27, 1996); as amended by Final Rulemaking published at 49 DCR 5975, 5976 (2002).

5-E16 LICENSE REQUIREMENTS

5-E DCMR § 1600 GENERAL EDUCATION REQUIREMENTS

1600.1 All persons who desire a teaching certificate from the District of Columbia shall satisfy the following requirements:

(a) A Bachelor’s Degree from an accredited institution;

(b) Completion of appropriate tests as mandated by the Board of Education; and

(c) A minimum of forty-eight (48) semester hours in a program of general or liberal education including each of the following fields:

(1) Humanities 12 semester hours: (at least one course in each area)

(A) English grammar and composition (including vocabulary development and reading comprehension);

(B) Literature, art, music, philosophy; and

(2) Social Sciences 12 semester hours: (at least one course in each area)

(A) American history; and

(B) History, anthropology, sociology, economics, political science, geography, psychology, world studies, or contemporary world cultures;

(3) Natural Sciences and Mathematics 12 semester hours: (at least one course in each area)

(A) Laboratory science; and

(B) Mathematics;

(4) Health and Physical Education 4 semester hours; and (include coursework in substance abuse education)

(5) Eight (8) semester hours from areas 1, 2, or 3 of this subsection.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893 (October 1, 1993).

5-E DCMR § 1601 TEACHING CREDENTIAL

1601.1 An individual must have a license known as a Teaching Credential to serve as a teacher in the District of Columbia Public Schools for the subjects enumerated in this chapter. For any subjects not covered in this chapter, a substitute teaching credential must be obtained.

1601.2 The Office of the State Superintendent of Education (OSSE) shall issue a Teaching Credential in accordance with the provisions of this section.

1601.3 Regular I Teaching Credential. To qualify for a Regular I Teaching Credential, the candidate must:

(a) Have earned a bachelor’s degree from an accredited institution of higher education;

(b) Be enrolled in a preparation program in the District of Columbia for practicing teachers approved by the OSSE, or in a program approved by another state and recognized by the OSSE in accordance with this chapter;

(c) Have successfully completed the Praxis I examination, or other nationally recognized test as may be designated by the State Superintendent of Education, with a qualifying score determined by the State Superintendent of Education or met an equivalency score determined by the State Superintendent of Education on the SAT, ACT, or Graduate Record Examination (GRE);

(d) Have successfully completed the Praxis II Content examination, or other nationally recognized test as may be designated by the State Superintendent of Education, with a qualifying score determined by the State Superintendent of Education, in the content area in which the candidate will practice; and

(e) Be employed by a local education agency in the District of Columbia.

1601.4 Regular I Teaching Credential Upgrade. Candidates who hold a Regular I Teaching Credential shall receive an upgrade to a two-year Regular II Teaching Credential if the candidate successfully completes a state-approved preparation program for practicing teachers in which he or she was enrolled and where applicable, the Praxis II, Pedagogy examination, or other nationally recognized test as may be designated by the State Superintendent of Education, with a qualifying score determined by the State Superintendent of Education.

1601.5 Regular II Teaching Credential. To qualify for a Regular II Teaching Credential, a candidate must:

(a) Have earned a bachelor’s degree from an accredited institution of higher education;

(b) Have successfully completed a preparation program for teachers approved by the OSSE in accordance with subsection 1601.11 this chapter or by another state and recognized by the OSSE;

(c) Have successfully completed the Praxis I, Pre Professional Skills Test or other nationally recognized test as may be designated by the State Superintendent of Education, with a qualifying score determined by the State Superintendent of Education or met an equivalency score determined by the State Superintendent of Education on the SAT, ACT or GRE; and

(d) Have where applicable, successfully completed the appropriate Praxis II Content and Pedagogy examinations, or other nationally recognized test as may be designated by the State Superintendent of Education, with a qualifying score determined by the State Superintendent of Education.

1601.6 Transitional Teaching Credential. At the written request of a local education agency (LE(A) located in the District of Columbia, the State Superintendent of Education may issue a one-year non-renewable Transitional Teaching Credential to a candidate if the candidate was never employed as a teacher by the District of Columbia Public Schools and has earned a bachelor’s degree from an accredited institution of higher education and either the candidate’s academic major qualifies the individual to teach in the content area in which the teacher shall practice, or the candidate completed a state-approved teacher preparation program. This Transitional Teaching Credential also includes qualifying candidates who hold a valid teaching license from another state or jurisdiction within the United States of America, and have not taken the examinations required for a Regular II Teaching Credential.

1601.7 The terms and renewal requirements for the Regular I and Regular II teaching credentials shall be as follows:

(a) The term of the Regular I Teaching Credential shall be two calendar years from the date of issuance, unless a shorter term is prescribed by the State Superintendent of Education. The Regular I Teaching Credential is not renewable.

(b) The term of the Regular II Teaching Credential shall be four calendar years from the date of issuance, and in the case of a Regular II Teaching Credential upgraded from a Regular I Teaching Credential, in accordance with the requirements of subsection 1601.4, for a term of two calendar years, unless a shorter term is prescribed by the State Superintendent of Education.

(c) The Regular II Teaching Credential is renewable upon completion of six semester hours of coursework from an accredited institution of higher education; or 90 clock hours documenting professional development activities; or a combination thereof, one semester hour being equivalent to 15 clock hours, that contribute to performance and effectiveness as a teacher.

(d) The Regular II License will become non renewable upon development and promulgation of final regulations for an Advanced Teaching Credential described in subsection 1601.9.

1601.8 All Teaching Credentials current as of the effective date of final adoption of this regulation shall remain in effect until the expiration date for each license.

1601.9 The Advanced Teaching Credential. The State Superintendent of Education shall consider the development and promulgation of further regulations creating a new Advanced Teaching Credential that would require a candidate to demonstrate effectiveness to continue teaching in a District of Columbia Public School. Any effectiveness regulation will be developed using expert research and will be proposed and published for public comment prior to any final adoption.

1601.10 Substitute Teaching Credential. Applicants must have completed a Bachelor’s degree at an accredited institution of higher education to qualify for a substitute teaching credential. The substitute teaching credential is valid for two years from the date of issuance.

1601.11 The State Superintendent of Education shall develop policies or directives setting forth objective and verifiable standards for the approval, renewal, and revocation of approval by the OSSE of teacher preparation and practicing teacher programs in the District of Columbia that qualify candidates to earn a Regular Teaching Credential pursuant to subsections 1601.3, 1601.4 or 1601.5 of this chapter and for purposes of interstate reciprocity.

(a) Only programs sponsored by an accredited institution of higher education, a non-profit organization, or LEA may be considered for approval pursuant to this subsection by the OSSE.

(b) Any approval granted by the OSSE pursuant to this subsection, shall specify the objective and verifiable standards that must be successfully completed to qualify a candidate for the Regular Teaching Credential pursuant to subsections 1601.3, 1601.4 or 1601.5 of this chapter.

(c) Any such programs in existence as of the date of the final approval of this regulation, shall maintain their qualified status pursuant to this subsection, for the duration of the term of their current approval as a qualified program. Programs approved by other states and recognized by the OSSE may also qualify candidates to earn a Regular II Teaching Credential.

(d) Each application for the approval of a teacher preparation or practicing teacher program located in the District of Columbia under this Section shall at a minimum include industry recognized standards in child development, classroom management, and content knowledge.

1601.12 Each candidate for a Teaching Credential shall be required to undergo a criminal history record check prior to receiving the Credential, and may be required to submit to additional checks for purposes of renewing or continuing to hold the credential.

(a) The State Superintendent of Education shall develop policies or directives setting forth objective and verifiable criteria for the review of such records in accordance with appropriate law.

(b) Only criminal convictions and pending charges shall be taken into account with regard to criminal background information in determining whether or not an individual is qualified to hold the credential.

1601.13 To receive an endorsement in individual subject matter areas enumerated in Sections 1602 through Section 1665 of this chapter, a candidate must have a valid Regular II credential, successfully completed Praxis II Pedagogy examination, where applicable, or other nationally recognized tests, as designated by the State Superintendent of Education and one of the following:

(a) Successful completion of the Praxis II Content exam; or

(b) Meet the requirements for the subject matter area in Sections 1602 through Section 1665 of this chapter; or

(c) Successful completion of an academic major or major equivalent of thirty semester hours of course work from an accredited institution of higher education in a given subject matter.

(d) This section shall not apply to licenses requiring advanced degrees in Sections 1634; 1656; 1657; 1658; 1659; 1660; 1662; and Section 1663 of this chapter.

1601.14 Each application for a credential submitted to the OSSE for processing under Chapter 16 shall be accompanied by a fee established by the State Superintendent of Education.

(a) The State Superintendent of Education shall determine the amount of revenue that shall be required to administer the teacher credentialing process, and shall establish an application processing fee in the amount deemed necessary for such purposes;

(b) All revenue collected by the State Superintendent of Education under this subsection for the processing of Credentials shall be deposited in the Office of the State Superintendent of Education “Academic Certification and Testing Fund,” which shall be separate from the Local Operating Funds of the District of Columbia. This State Fund does not revert to the General Fund Balance of the District of Columbia at the end of any fiscal year or at any other time, and is continually available for the uses and purposes set forth in this Chapter, subject to Congressional authorization.

(c) All revenue collected by the OSSE under this subsection for the processing of a Teaching Credential shall be continuously available for the uses and purposes directly related to credentialing activities, including, but not limited to:

(1) Travel;

(2) Professional training;

(3) Meetings;

(4) Stipends;

(5) Honorariums;

(6) Professional organization membership dues;

(7) Day-to-day office operational needs;

(8) Salaries of individuals who perform, manage, monitor or oversee the processing of credentials; and

(9) The maintenance of credentialing program records.

(d) Fees shall be payable to the D.C. Treasurer by money order, certified check, cashiers check or electronic payment.

(e) Teacher Credentialing Fee Schedule:

(1) Initial Certification $ 50.00

(2) Duplicate Certificates $ 20.00

(3) Renewal Certification $ 50.00

(4) Substitute Certification $ 50.00

1601.15 Interstate Agreement on Qualification of Educational Personnel. At the direction of the State Superintendent of Education, periodic reviews shall be conducted to determine whether any state has established teacher preparation standards that are at least comparable and equivalent to teacher preparation standards in the District of Columbia;

(a) When the State Superintendent of Education determines that the teacher preparation standards established by any state are at least comparable and equivalent to teacher preparation standards in the District of Columbia, the State Superintendent of Education shall initiate negotiations with that state to provide reciprocity in teacher or educator credentialing;

(b) The State Superintendent of Education shall award a credential to any applicant who holds or qualifies for an equivalent credential awarded by a state that has established a reciprocity agreement with the District of Columbia pursuant to subsection (a);

(c) The State Superintendent of Education shall grant an appropriate credential to any applicant from another state that has completed teacher preparation that is at least comparable and equivalent to preparation that meets teacher preparation standards in the District of Columbia, as determined by the OSSE, if both of the following circumstances exist:

(1) A reciprocity agreement with the other states is pending completion, or the other state has declined to enter into a reciprocity agreement with the District of Columbia;

(2) The applicant has met the requirements of the District of Columbia for obtaining a certificate of eligibility in accordance with this Section; and

(d) No reciprocity agreement establishment pursuant to subsection 1601.15 ((b) shall exempt an out-of-state applicant from being required to submit to, and or comply with a background or criminal history record check, in conjunction with obtaining a license under this chapter.

1601.16 The procedures for entering and executing "Interstate Agreements" shall be established by the State Superintendent of Education, or his or her designee.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6893-94 (October 1, 1993); as amended by Final Rulemaking published at 56 DCR 303, 303-310 (January 9, 2009).

5-E DCMR § 1602 EARLY CHILDHOOD EDUCATION (Pre- kindergarten - Grade 3)

1602.1 In addition to the general education requirements, for certification in early childhood education, the following shall be required:

(a) Satisfactory completion of a sequence of courses that include field work. Field work includes observation of children and adults in multiple settings and varying degrees of participation with children and families from a variety of cultural and socioeconomic backgrounds. A minimum of thirty (30) semester hours in the professional foundations and instructional knowledge areas that provide theoretical and research knowledge and practical skills in the following areas:

(1) Human development through the life span, with special emphasis on the learning process, cognitive, language, physical, social, and emotional development, both typical and atypical from birth through age eight (8);

(2) Historical, philosophical, psychological, and social foundations of early childhood education in relationship to early childhood education program models;

(3) Roles of the teacher as a reflective practitioner, facilitator, assessor, supervisor, researcher, communicator, and nurturer of young children, as well as a collaborator with colleagues; and

(4) Curriculum for teaching young children including coursework in observation and recording of young children’s behavior in the following:

(A) Assessment of the young child, goal setting, specifying goals to facilitate children’s physical growth and development and skills in communication, inquiry, creative expression, and interpersonal relations;

(B) Content-developmentally appropriate integrated learning experiences in health, safety, science, mathematics, social studies, language arts (listening, speaking, writing, reading), literature, art, music, drama, and movement;

(C) Role of play in children’s social-emotional, physical and cognitive development and selection of appropriate play materials;

(D) Planning, managing and creating developmentally appropriate learning environments that incorporate concrete manipulative materials and play as instruments for enhancing development and learning of social, physical and logical mathematical knowledges;

(E) Communication, conference techniques, interpersonal and intergroup relations and techniques, for working with parents, community and staff; and

(F) Preparation for working in settings that include atypical children; understanding the needs of developmentally and culturally diverse children and recognizing conditions requiring assistance from other professionals;

(b) Either of the following:

(1) Student teaching (six semester hours) consisting of a minimum of one hundred fifty (150) clock hours spent in each of two (2) different age groups preprimary and primary. The student teaching experience shall enable the student to do the following:

(A) Assume major responsibility for the full range of teaching duties;

(B) Receive supervision in exemplar settings by on-site personnel, as well as college faculty;

(D) Attend seminar meetings accompany student teaching to provide opportunity for analysis evaluation and discussion of field experiences; and

(E) Receive supervised experience in working with interdisciplinary teams of professionals where appropriate; or

(2) A minimum of one (1) year of satisfactory teaching experience under appropriate supervision at the early childhood level.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6896-97 (October 1, 1993).

5-E DCMR § 1603 ENDORSEMENT 1: HEAD START EARLY CHILDHOOD

1603.1 Certification Pre-K - 3rd shall be applicable to Head Start teachers.

History

SOURCE: Final Rulemaking published at 40 DCR 6893, 6897 (October 1, 1993).

5-E DCMR § 1604 ENDORSEMENT 2: EARLY CHILDHOOD SPECIAL EDUCATION

1604.1 Certification Pre-K - 3rd shall be applicable to early childhood special education. However, there are a number of specific standards for this field that differentiate it from the early childhood certification. The certification program for teachers of early childhood special education shall include nine (9) semester hours from one of the following:

(a) Survey of exceptionalities;

(b) Assessment and educational planing in early childhood special education;

(d) Family involvement in early childhood special education;

(e) Practicum/Internship in early childhood special education; or

(f) Curriculum for early childhood special education.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended Final Rulemaking published at by 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6898 (October 1, 1993).

5-E DCMR § 1605 ENDORSEMENT 3: MONTESSORI PRIMARY EDUCATION

1605.1 Certification Pre-K-3rd is applicable to Montessori Primary Education; however, there are a number of specific standards for this field that differentiate it from the early childhood certification. The certification program for teachers of Montessori preschool shall include the following:

(a) Three hundred (300) hours in Montessori theory and practices; practical, life, sensorial, language and language extensions, mathematics, geography, history, biology, art, handicrafts and music;

(b) One hundred (100) hours of supervised practice with the materials is also required;

(c) One hundred twenty (120) hours of practice teaching in two (2) different Association Montessori Internationale classroom sites; and

(d) An Association Montessori Internationale approved primary diploma.

1605.2 Certification in Grades 1- 6 is applicable to Montessori Elementary Education; however, there are a number of specific standards for this field that differentiate it from the early childhood and elementary licenses. The licensure program for teachers of Montessori Elementary classes shall include the following:

(a) Three hundred (300) hours in Montessori theory and practices: language, mathematics, geometry, history, geography, biology, art, and music;

(b) One hundred forty (140) hours of supervised practice with the materials is also required;

(c) One hundred twenty (120) hours of practice teaching in two (2) different Association Montessori Internationale classroom sites; and

(d) An Association Montessori Internationale approved elementary diploma.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); by Final Rulemaking published at 40 DCR 6893, 6898 (October 1, 1993); and by 45 DCR 2328 (April 17, 1998).

5-E DCMR § 1606 ELEMENTARY EDUCATION (CLASSROOM GRADES 1-6)

1606.1 In addition to the general and professional education requirements, for certification in elementary education, the following shall be required:

(a) A minimum of sixty (60) semester hours of specialized course experiences appropriate for children at this age level. The program shall require demonstrated competence through coursework or documented evidence in the knowledge of both the content disciplines and the methods needed to teach and distributed among the following subject areas:

(1) Mathematics, including instruction in the fundamental concepts of mathematics relevant to elementary education. Laboratory and discovery techniques should be emphasized for the practical application and reinforcement of these concepts at each grade level (six (6) semester hours);

(2) Reading, including work in each of the following (six (6) semester hours):

(A) Developmental Reading; and

(B) Diagnostic Reading with practicum experience;

(3) Language Arts, including experiences in children’s literature, English grammar, written composition and speech (twelve (12) semester hours);

(4) Social Science, including instruction in the fundamental concepts of social science relevant to elementary education. Experiences shall include American history, basic economics, and geography (twelve (12) semester hours);

(5) Sciences, including instruction in life, physical, and environmental science for elementary education and a course requiring laboratory experiences (six (6) semester hours);

(6) Health and Physical Education, including instruction in school health education (health services, safety, and health instruction) as well as instruction in physical education and activities appropriate to the grade level (six (6) semester hours);

(7) Appreciation and creative expression in fine arts including at least two (2) of the following: art, music, drama, dance, and film (six (6) semester hours); and

(8) Electives to be chosen from § 1606.1(a)(1) or § 1606.1(a)(5) of this subsection (six (6) semester hours);

(b) Supervised classroom instruction:

(1) Supervised planning, observation and teaching experience preferably at both the primary (1-3) and intermediate (4-6) grade levels; or one experience on the elementary level (1-6); or

(2) A minimum of one (1) year of satisfactory teaching experience on the elementary level.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6898-00 (October 1, 1993).

5-E DCMR § 1607 ELEMENTARY SCIENCE RESOURCE TEACHER

1607.1 For certification in elementary science resource, the following shall be required:

(a) A regular elementary education teaching certificate;

(b) Eighteen (18) semester hours to include the following:

(1) Biology, physical science, earth and space science and ecology or environmental science. The coursework shall provide the applicant with the following:

(A) Knowledge of science content applicable to elementary school classrooms; and

(B) Mastery of application and use of science processes inherent in an inquiry-based, hands on science program;

(2) Selection and use of a variety of instructional strategies appropriate to the age and psychological development of the elementary student; shall be knowledgeable about designing classroom experiences that satisfy the following requirements:

(A) Foster positive attitudes toward science;

(B) Apply decision-making and critical thinking skills to solving science related problems; and

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6900 (October 1, 1993).

5-E DCMR § 1608 ELEMENTARY MATHEMATICS RESOURCE TEACHER

1608.1 For certification in elementary mathematics resource, the following shall be required:

(a) A regular elementary education teaching certificate;

(b) Twenty-one (21) semester hours in mathematics content, above that which is required of an elementary classroom teacher license, to include at least three (3) semester hours in each of the following areas:

(1) Algebra;

(2) Geometry;

(3) Probability and Statistics;

(4) Number Theory;

(5) History of Mathematics;

(6) Problem Solving Applications; and

(7) Computer Science; and

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6900-01 (October 1, 1993).

5-E DCMR § 1609 ENDORSEMENT: VISITING INSTRUCTORS (ELEMENTARY)

1609.1 For certification as a visiting instructor (elementary) the following shall be required:

(a) A valid elementary classroom teaching certificate;

(b) Five (5) years of successful teaching on the elementary level;

(1) Diagnostic and prescriptive teaching;

(2) Individualized instruction; and

(3) Teaching the homebound and hospitalized child.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6901 (October 1, 1993).

5-E DCMR § 1610 MIDDLE SCHOOL EDUCATION (GRADES 4-8)

1610.1 In addition to the general education requirements, for certification in middle school education, the following shall be required:

(a) A minimum of thirty (30) semester hours in a major content area representing a broad, adequate background in the subject to be taught; and

(b) A minimum of twenty-one (21) semester hours in the professional foundations and instructional knowledge of middle school education that provides theoretical and research knowledge and practical skills in the following:

(1) Human growth and development as it relates to the physical, emotional, intellectual, and moral development of the young adolescent;

(2) Modeling and incorporating positive skills such as cooperation, assertiveness, responsibility, empathy, and self-control in everyday classroom management and expectations;

(3) Creating a positive and caring environment, using a variety of instructional techniques that are developmentally appropriate and that organizes the curriculum to adapt to the learning style of each student;

(4) Designing interdisciplinary, developmentally appropriate programs of study within a team framework;

(5) Using an issues-oriented curriculum to engage young adolescents in the development of physical and psychological self-knowledge and social interaction;

(6) Developing and utilizing assessment strategies aligned with teaching outcomes; and

(7) Emphasizing the active involvement of the student in the learning process through hands-on activities;

(1) Supervised planning, observation and teaching experience preferably at the intermediate (4-6) grade levels or middle school grades (4-8); or

(2) A minimum of one (1) year of satisfactory teaching experience in grades K-12.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6901-02 (October 1, 1993).

5-E DCMR § 1611 ENDORSEMENT: MIDDLE SCHOOL EDUCATION

1611.1 For an endorsement in middle school education, the following shall be required:

(a) A valid teaching certificate on the elementary or secondary level; and

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6902 (October 1, 1993).

5-E DCMR § 1612 ENGLISH (SECONDARY)

1612.1 In addition to the general and professional education requirements, for certification in English, coursework in the following representing thirty-six (36) semester hours shall be required:

(a) Writing process:

(1) Theory and practice of traditional patterns of exposition and argumentation and the pedagogy for teaching the stages of the writing process; and

(2) Mastery of English grammar with special emphasis on terminology and constructions;

(b) American literature:

(1) Knowledge of literature as a source for interpreting human experience and the ability to elicit critical insights from students; and

(2) Understanding of American literature, its varying genre and degrees of complexity;

(1) Knowledge of a representative body of English literature; and

(2) Genres and writers associated with major periods (Middle Ages, Renaissance, and Eighteenth Century; or Romantic, Victorian, and Twentieth Century);

(d) Nature and structure of language (linguistics):

(1) Knowledge of the structure and history of the English language to include its phonology, morphology, syntax, and semantics in order to understand the various personal, social, and communicative purposes of language; and

(2) Social and regional language variations and the rhetoric of politics, advertising, and social control;

(e) Oral communications (public speaking/speech):

(1) Principles and holistic nature of oral communication and be able to interpret that understanding in creating experiences for students; and

(2) Listening, speaking, and writing skills for a variety of situations;

(f) World literature or comparative literature:

(1) Knowledge of the masterpieces of world literature, comparing literary types of styles and themes of major works; and

(2) Study of works of writers from Africa, Asia, South America, and other Third World areas;

(g) Multicultural literature:

(1) Knowledge of non-Western literature and the literature of minority groups of the United States; and

(2) Knowledge of literary works by male or female writers, people of varied racial or ethnic groups, and authors from other countries or cultures;

(h) Drama:

(1) Knowledge of the critical, historical, aesthetic, and practical aspects of drama and the theatre; and

(2) Translation of the literary experience of drama and its relationship to theatre;

(i) Journalism:

(1) Knowledge of the fundamentalist of journalism; and

(2) News reporting techniques, writing skills, copy editing, and the principles and ethics of public reporting;

(j) Media:

(1) Knowledge of the differences between non-print and non-verbal media to include methodology and pedagogy strategies of media study; and

(2) Thinking abilities (i.e. reasoning, making inferences, and imagining).

(k) Adolescent literature:

(1) Fundamental principles and characters of adolescent literature; and

(2) Literature for adolescents; and

(l) Mythology:

(1) Knowledgeable of classical mythology; comparisons of world cultures; and

(2) Knowledgeable of motifs, stories, and legends that reflect the human experience and imagination.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6903-05 (October 1, 1993).

5-E DCMR § 1613 MATHEMATICS (SECONDARY)

1613.1 In addition to the general and professional education requirements, for certification in mathematics, coursework in the following representing thirty-three (33) semester hours shall be required:

(a) Six (6) semester hours in calculus (to include differentiation and integration); and

(b) Three (3) semester hours in each of the following:

(1) Algebra (linear or abstract);

(2) Geometry (formal and informal approaches in Euclidean and non- Euclidean geometry);

(3) Computer Science (a high level programming language);

(4) Probability and Statistics;

(5) Number Theory;

(6) Trigonometry;

(7) Mathematical Modeling or Applied Mathematics;

(8) Discrete Mathematics; and

(9) History of Mathematics.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6905 (October 1, 1993).

5-E DCMR § 1614 GENERAL SCIENCE

1614.1 In addition to the general and professional education requirements, for certification in general science, coursework in the following representing thirty (30) semester hours shall be required:

(a) Content to include the following:

(1) Knowledge of the basic principles of biology, chemistry, physics oceanography, geology, meteorology, and astronomy;

(2) Knowledge of the interrelationships among the sciences, including the history and philosophy of science and mathematics;

(3) Knowledge and experiences in the cultural significance of science, the relationship of technology to social conditions, and analytical methods of science which may be used in solving societal problems; and

(4) Knowledge of the science processes and the general concepts and principles common to the natural sciences;

(b) A minimum of six (6) semester hours in each of the following:

(1) Biology;

(2) Chemistry;

(3) Physics;

(4) Earth and Space Science; and

(5) Environmental Science.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6905 (October 1, 1993).

5-E DCMR § 1615 BIOLOGY

1615.1 In addition to the general and professional education requirements, for certification in biology, coursework representing thirty (30) semester hours is required:

(a) Eighteen (18) semester hours in biological science to include the following:

(1) Botany;

(2) Zoology; and

(3) Environmental Science;

(b) Inorganic and organic chemistry;

(d) Mathematics (beyond introductory mathematics); and

(e) Computer applications.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6906 (October 1, 1993).

5-E DCMR § 1616 CHEMISTRY

1616.1 In addition to the general and professional education requirements, for certification in chemistry, the following representing thirty (30) semester hours shall be required:

(a) Eighteen (18) semester hours in chemistry to include the following:

(1) Physical Chemistry;

(2) Organic Chemistry; and

(3) Environmental Chemistry;

(b) Biological Science;

(d) Mathematics (including calculus); and

(e) Computer applications.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6906-07 (October 1, 1993).

5-E DCMR § 1617 PHYSICS

1617.1 In addition to the general and professional education requirements, for certification in physics, coursework representing thirty (30) semester hours shall be required:

(a) Eighteen (18) semester hours in physics;

(b) A minimum of six (6) semester hours in mathematics (beyond college algebra);

(d) Computer Science (with programming focus).

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6907 (October 1, 1993).

5-E DCMR § 1618 COMPUTER SCIENCE

1618.1 In addition to the general and professional education requirements, for certification in computer science, coursework in the following representing eighteen (18) semester hours shall be required:

(a) Structured Programming with Pascal;

(b) Advanced Pascal or a comparable advanced structured programming course;

(1) Three (3) semester hours related to hardware;

(A) Assembly Language/Computer Systems;

(B) Design of Switching Systems;

(D) Others;

(2) Three (3) semester hours related to software:

(A) Software engineering;

(B) Operating systems;

(D) Others;

(3) Three (3) semester hours related to theory;

(A) Theory and Foundations of Computations;

(B) Discrete Mathematics;

(D) Data structures and algorithms analysis;

(4) Three (3) semester hours related to computers in society;

(A) Social impact of computers;

(B) Computers in society; or

(d) Proficiency in at least two (2) structured programming languages such as structured BASIC, LOGO, or others to be verified by an interview panel.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6907-08 (October 1, 1993).

5-E DCMR § 1619 SOCIAL STUDIES

1619.1 In addition to the general and professional education requirements, coursework in the following representing thirty-three (33) semester hours shall be required:

(a) History, world history, United States history, the history and government of the District of Columbia;

(b) Geography (physical or cultural);

(d) Political Science; and

(e) At least one of the following:

(1) International relations or global studies;

(2) Law;

(3) Philosophy;

(4) Psychology;

(5) Sociology;

(6) Social Science; or

(7) Anthropology.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6908-09 (October 1, 1993).

5-E DCMR § 1620 HOME ECONOMICS

1620.1 In addition to the general and professional education requirements, for certification in home economics, coursework in the following representing forty-five (45) semester hours shall be required:

(a) The development of the individual and the family (six (6) semester hours);

(b) Management, family finance, and consumer economics (six (6) semester hours);

(d) Housing, home furnishings, and equipment (six (6) semester hours);

(e) Clothing and textiles (six (6) semester hours);

(f) Career Orientation (three (3) semester hours);

(g) Occupational Home Economics (three (3) semester hours); and

(h) Remaining nine (9) semester hours may be selected from any of the areas under this subsection.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6909 (October 1, 1993).

5-E DCMR § 1621 INDUSTRIAL ARTS

1621.1 In addition to the general and professional education requirements, for certification in industrial arts, coursework in the following representing forty-two (42) semester hours shall be required:

(a) Communications (drafting and design, electronics, graphic arts, and communication technology) (twelve (12) semester hours);

(b) Production (metalworking, woodworking, construction technology, and manufacturing technology) (twelve (12) semester hours);

(c) Power, energy, and transportation (electricity, power mechanics, energy and power, and transportation technology) (twelve (12) semester hours); and

(d) The remaining six (6) semester hours may be selected from any of the areas under this subsection.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6909-10 (October 1, 1993).

5-E DCMR § 1622 BUSINESS EDUCATION

1622.1 In addition to the general and professional education requirements, for certification in business education, coursework in the following representing thirty (30) semester hours shall be required:

(a) Thirty (30) semester hours from the following:

(1) Accounting;

(2) Office systems procedures/practice/management;

(3) Principles of data processing; introduction to computers or computer operations/programming/systems;

(4) Information/word processing concepts and applications;

(5) Business mathematics; finance;

(6) Economics;

(7) Introduction to business or business organization/management;

(8) Advanced typewriting/keyboarding;

(9) Business communications/English; or

(10) Business law.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6910 (October 1, 1993).

5-E DCMR § 1623 ENDORSEMENT: BUSINESS/MEDICAL RECORDS

1623.1 For an endorsement in business/medical records the following shall be required:

(a) A valid teaching certificate in business education;

(b) Twelve (12) semester hours in the following:

(1) Medical records theory (six (6) semester hours); and

(2) Medical terminology (six (6) semester hours); and

(c) A minimum of eighty (80) hours in a public or private health facility either as a practicum or internship as a unit/ward clerk.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6910-11 (October 1, 1993).

5-E DCMR § 1624 MARKETING EDUCATION

1624.1 In addition to the general and professional education requirements, for certification in marketing education, coursework in the following representing thirty (30) semester hours shall be required:

(a) Eighteen (18) semester hours from the following:

(1) Advertising management;

(2) Consumer behavior;

(3) Principles of marketing;

(4) Retail store management (includes salesmanship);

(5) Entrepreneurship (business ownership);

(6) Marketing research;

(7) Merchandising/business/marketing mathematics; or

(8) Visual merchandising (display);

(b) A minimum of twelve (12) semester hours from the following:

(1) Business communication;

(2) Business law;

(3) Business statistics;

(4) Economics;

(5) Accounting principles;

(6) Fashion merchandising;

(7) Food marketing;

(8) Hospitality, travel and tourism;

(9) Insurance;

(10) Principles of data processing;

(11) Computer Science;

(12) Money and banking; or

(13) Records management;

(d) The content shall include the following:

(1) Knowledge of merchandising theory and practice;

(2) Knowledge of economic theories and systems;

(3) Knowledge of planning, designing, and administering a marketing education program;

(4) Knowledge of job retirements and career opportunities in management and marketing related fields;

(5) Knowledge of placing secondary school students in public/private establishments;

(6) Work experience in a marketing area;

(7) Knowledge of entrepreneurship; and

(8) Organization and coordination of marketing education programs to include DECA.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6911 (October 1, 1993).

5-E DCMR § 1625 ENDORSEMENT: MARKETING

1625.1 For an endorsement in marketing, the following shall be required:

(a) A valid teaching certificate in business education; and

(b) One (1) year of full-time employment in a marketing occupation, or a minimum of two thousand (2,000) hours of verifiable work experience in one (1) or more marketing occupations or a directed occupational experience seminar.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6911-12 (October 1, 1993).

5-E DCMR § 1626 ENDORSEMENT: HEALTH OCCUPATION

1626.1 For certification in health occupations, the following shall be required:

(a) A bachelor’s degree from an accredited institution in an occupational area with two (2) years of approved occupational experience related to the program to be taught;

(b) An associate of arts degree from an accredited institution in the occupational area with three (3) years of approved occupational experience related to the program to be taught;

(c) A diploma in nursing from an approved professional nursing program with three(3) years of approved occupational experience related to the program to be taught;

(d) Graduation from an accredited high school (or possession of a General Education Development Certificate) with five (5) years of approved occupational experience related to the program to be taught;

(e) Completion of the following courses from an approved program shall include the following:

(1) Principles of career vocational guidance; and

(2) Principles of curriculum development; and

(f) A valid cardiopulmonary resuscitation (CPR) certification by the Red Cross of American Heart Association.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6912-13 (October 1, 1993).

5-E DCMR § 1627 TECHNICAL AND INDUSTRIAL OCCUPATION

1627.1 For certification in technical and industrial occupation, one of the following shall be required:

(a) College Preparatory Program to include the following:

(1) A baccalaureate degree in Vocational Industrial Education or Trade and Industrial Education from an approved institution; and

(2) A baccalaureate degree in a field other than Vocational Industrial Education;

(A) A minimum of six (6) semester hours in coursework related to Vocational Industrial Education; and

(B) Submit evidence of competency in the trade or technology in which the endorsement is being sought. Competency in the trade or technology will be determined prior to teaching through one of the following procedures:

(i) Satisfactory performance as determined by the National Occupational Competency Test and a minimum of two (2) years of satisfactory experience at the journeyman-level or an equivalent level in the occupation;

(ii) Holding a license issued by the appropriate D.C. Board for those trades requiring a license and completion of two (2) years satisfactory journeyman-level trade experience in the planned teaching field; or

(iii) Completion of a registered apprenticeship program and two (2) years of satisfactory experience at the journeyman-level in the planned teaching field; and

(b) High School and experience to include the following:

(1) Graduation from an accredited high school or possession of a General Education Development Certificate;

(2) Satisfactory completion of the National Occupational Competency Test and a minimum of two (2) years of satisfactory experience at the journeyman-level or an equivalent level in the occupation;

(3) Receipt of a license issued by the appropriate District of Columbia Board for those program areas requiring a license and a minimum of two (2) years of satisfactory experience at the journeyman-level or an equivalent level in the occupation; or

(4) Completion of a registered apprenticeship program and two (2) years of satisfactory experience at the journeyman-level or an equivalent level in the trade.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6913-14 (October 1, 1993).

5-E DCMR § 1628 ENDORSEMENT: MILITARY SCIENCE AND TACTICS

1628.1 For certification in military science and tactics, the following shall be required:

(a) Twenty (20) years of active military services;

(b) Retirement as a commissioned officer, warrant, or non-commissioned officer, or member of the Fleet Marine Corps Reserve; applicants must have retired as a commissioned officer effective not more than five (5) years prior to the date of application or not more than four (4) years in the case of Air Force applicants;

(d) Satisfactory fulfillment of eligibility standards established by the appropriate branch of service; and

(e) Approval by the Secretary of the branch of service in which the applicant has applied to teach.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6914 (October 1, 1993).

5-E DCMR § 1629 PERFORMING ART - VISUAL ARTS

1629.1 For certification in performing arts (visual arts), the following shall be required:

(a) Professional experience for five (5) years in the following:

(1) Artists-in-resident grant recipient;

(2) Award winning or nationally recognized design or publication;

(3) Invitationals;

(4) Juried art show;

(5) Museum experience;

(6) One person shows in a recognized professional gallery;

(7) Outstanding awards citations, honoraria or commissions; and

(8) Study abroad;

(b) Evidence of five (5) years of experience in the visual arts;

(d) An audition that includes a performance or portfolio review before a professional panel directed by the performing arts department/school.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6915-16 (October 1, 1993).

5-E DCMR § 1630 PERFORMING ARTS - MUSIC

1630.1 For certification in performing arts (music), the following shall be required:

(a) An artist’s diploma or license from an accredited college, university, school of music or conservatory; or four (4) years with the equivalent of forty (40) months of study or apprenticeship with a master performer or master teacher/performer;

(b) Evidence of five (5) years or eight (8) seasons as a professional performer in the following:

(1) Orchestra ensembles;

(2) Choirs;

(3) Solos; and

(4) Four recitals, concerts or tours; and

(c) An audition that includes a performance or portfolio review before a professional panel directed by the performing art department/school.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6915 (October 1, 1993).

5-E DCMR § 1631 PERFORMING ARTS - DRAMA AND THEATRE

1631.1 For certification in performing arts (drama and theatre) the following shall be required:

(a) Six (6) years of professional experience in professional theatre, as opposed to theatre in an academic setting or amateur productions, or six (6) seasons in professional theatre as an actor, director, coach or teacher;

(b) Evidence of professional theatre experience and seasons in professional theatre as an actor, director, coach or teacher;

(c) Four (4) years or six (6) seasons of continuing professional growth and development (within the last five (5) years) in the areas of acting, directing, writing or participating in professional workshops; and

(d) An audition that includes a performance or portfolio review before a professional panel directed by the performing art department/school.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6916 (October 1, 1993).

5-E DCMR § 1632 PERFORMING ARTS - DANCE

1632.1 For certification in performing arts (dance), the following shall be required:

(a) A minimum of seven (7) years of dance training and documented dance performance;

(b) Current membership in a professional dance company;

(d) Knowledge of the history of the dance and its ethnic origins;

(e) Knowledge of dance vocabulary techniques and theory; and

(f) An audition that includes a performance or portfolio review before a professional panel directed by the performing arts department/school.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6916 (October 1, 1993).

5-E DCMR § 1633 ENDORSEMENT: VISITING INSTRUCTORS (SECONDARY)

1633.1 For certification as a visiting instructor (secondary), the following shall be required:

(a) A valid secondary teaching certificate;

(b) Five (5) years of successful teaching on the secondary level; and

(1) Algebra;

(2) Laboratory science;

(3) Diagnostic and prescriptive teaching;

(4) Individualized instruction;

(5) Teaching the homebound and hospitalized child; and

(6) Six (6) semester hours in a foreign language.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6917 (October 1, 1993).

5-E DCMR § 1634 READING (K-12)

1634.1 For certification in reading, the following shall be required:

(a) A master’s degree from an accredited institution in reading or a reading related area;

(b) Two (2) or more years of successful classroom teaching experience; and

(1) Clinical or laboratory practicum;

(2) Diagnosis and correction of reading, learning styles and disabilities;

(3) Literature of children or adolescents;

(4) Human growth and development;

(5) Collaborative planning and communicating; and

(6) Reading research.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6917 (October 1, 1993).

5-E DCMR § 1635 ENDORSEMENT: GIFTED AND TALENTED EDUCATION (K-12)

1635.1 For certification in gifted and talented, the following shall be required:

(a) A valid teaching certificate and a minimum of two (2) years of demonstrated excellence in classroom teaching. For purposes of this subsection, “Excellence” is the highest possible rating on a performance evaluation;

(b) A minimum of nine (9) graduate semester hours from the following:

(1) Characteristics of gifted students;

(2) Specific techniques of identifying the gifted (i.e. diagnostic and prescriptive approaches to instruction);

(3) Educational models, teaching methods and strategies, selection of resources and materials in gifted and talented education;

(4) Curriculum development and program evaluation in gifted and talented education;

(5) Contemporary issues and research in gifted education; or

(6) Practicum experience in gifted and talented education; and

(1) Knowledge of the history, major research and philosophies of the gifted;

(2) Knowledge of the definitions, cognitive, social and emotional characteristics and needs of the gifted including those in special populations;

(3) Development of competencies in identification screening, prescription, appraisal, and placement using a variety of formal and informal assessments of the gifted;

(4) Instruction in program evaluation, organizational models, curriculum development and materials of the gifted; and

(5) Practicum experiences in gifted education.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6918-19 (October 1, 1993).

5-E DCMR § 1636 ART 9 (K-12)

1636.1 In addition to the general and professional education requirements, for certification in art, coursework in the following representing forty-two (42) semester hours shall be required:

(a) Twenty-one (21) semester hours of art in courses from among the following areas with a maximum of three (3) semester hours from any one area:

(1) Design;

(2) Drawing;

(3) Painting;

(4) Printmaking;

(5) Commercial art (lettering, poster design, layout, etc.);

(6) Ceramics;

(7) Art technology (computer graphic design, photography, etc.); and

(8) Sculpture;

(b) Six (6) semester hours from among one or more of the following areas:

(1) Jewelry;

(2) Fiber art (weaving, textiles, etc.);

(3) Stained glass; or

(4) Other craft areas;

(d) Nine (9) semester hours of art history/art appreciation; and

(e) A portfolio review by a D.C. Public School Art Department specialist.

1636.2 The portfolio shall consist of no less than twelve (12) and no more than fifteen (15) pieces of original artwork created by the applicant from among §§ 1636.1(a), (b), and (c). Slides may be submitted if work is too large or heavy.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6918 (October 1, 1993).

5-E DCMR § 1637 FOREIGN LANGUAGE (MODERN) (K-12)

1637.1 In addition to the general and professional education requirements, for certification in foreign language (modern), coursework in the following representing thirty (30) semester hours shall be required:

(a) Skills to include the following:

(1) The essentials of all speech in standard dialects, including technical discussions within the professional field;

(2) Speaking a standard dialect of the language at normal speed with accuracy in structure and pronunciation and with sufficient vocabulary to participate in most formal and informal conversations on practical, social, and professional topics;

(3) Reading with immediate comprehension and interpreting standard news articles, routine correspondences, literary texts and technical material at a normal rate of speed (at least two hundred (200) wpm-silent reading);

(4) Writing most types of correspondence with few errors in grammar or spelling, with superior control of syntax, richness and variety of vocabulary and structures, and clearly developed ideas;

(5) Participating in almost all social situations and those within the profession with ease and sensitivity, to comprehend most nonverbal communication, and to respond with understanding and sensitivity to the cultural diversity of the classroom population;

(6) Applying the principles of language acquisition and learning theories and principles of phonological, syntactic, and morphological systems to the teaching of the foreign language; and

(7) Applying the principles of proficiency-based instruction and use electronic media in teaching the foreign language;

(b) Content to include the following:

(1) People that are representative of their cultural diversity and that is acquired through a study of their history, geography, arts, writings, values, life patterns and through travel abroad (nine (9) semester hours);

(2) Documented study - abroad of three (3) consecutive weeks or more in a country where the foreign language is the official language, can be used to satisfy a maximum of three (3) semester hours when done in a formal program or in an independent study program pre-approved by the Foreign Language Department;

(3) Literature as acquired in the systematic study of classical, contemporary and popular texts, by genre, century, by theme; and by representative of the cultural diversity of the linguistic community (nine (9) semester hours);

(4) Language as acquired in advanced course work in grammar, composition, conversation, text analysis, reading comprehension (nine (9) semester hours); and

(5) Differences between the phonological, syntactic and morphological systems of the foreign language and those of English as acquired through studies in applied or descriptive linguistics (three (3) semester hours; and

(c) Aural-oral competency in the foreign language as determined by an interview conducted in the foreign language by the Foreign Language Department.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6919-21 (October 1, 1993).

5-E DCMR § 1638 ENDORSEMENT: FOREIGN LANGUAGE (MODERN)

1638.1 For an endorsement in foreign language (modern) the following shall be required:

(a) Eighteen (18) semester hours in the respective foreign language are preparing the teacher to meet the same competencies in skill and content as required for a license in foreign language (modern); and

(b) Aural-oral competency the respective foreign language as determined by an interview conducted in the language by the Foreign Language Department (Foreign Language (Modern) only).

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6921 (October 1, 1993).

5-E DCMR § 1639 FOREIGN LANGUAGE - CLASSICAL (K - 12)

1639.1 In addition to the general and professional education requirements, for certification in foreign language (classical), coursework in the following representing thirty (30) semester hours shall be required:

(a) Skills to include the following:

(1) Reading Latin/Greek authors aloud with comprehension and appropriate rhythm and phrasing, heeding principles of audible linguistic change;

(2) Translating continuous paragraphs into idiomatic Latin/Greek using correct grammatical forms and some attention to style;

(3) Composing letters, speeches, or essays using Latin/Greek structures of case and mood;

(4) Applying the principles of language acquisition and learning theories, and principles of phonological, syntactic, and morphological systems to the teaching of Latin/Greek; and

(5) Applying the principles of proficiency-based instruction and to use electronic media in teaching Latin/Greek; and

(b) Content to include the following:

(1) The culture and civilization of the Roman and Greek peoples of antiquity, of the topography of related states of antiquity, of all areas of scholarship relating to Roman and Greek life, history, literature, art, architecture, and archaeology throughout the Roman Empire (nine (9) semester hours);

(2) Documented study-abroad experience of three (3) weeks or more in Italy or Greece or some other state of the Ancient Roman Empire can be used to satisfy a maximum of three (3) semester hours when done in a formal program or in an independent study program;

(3) Literature as acquired in the systematic study of major Roman/Greek authors and their writings, Roman and Greek mythology, or prose, satire, comedy, poetry, history (nine (9) semester hours);

(4) Language as acquired in advanced course work in grammar, syntax, composition, and reading comprehension (nine (9) semester hours); and

(5) Knowledge of the differences between the phonological syntactic, and morphological systems of Latin and those of English as acquired through studies in applied linguistics or descriptive linguistics (three (3) semester hours).

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6921-22 (October 1, 1993).

5-E DCMR § 1640 FOREIGN LANGUAGE (CLASSICAL)

1640.1 For an endorsement in foreign language (classical), eighteen (18) semester hours in the respective foreign language area preparing the teacher to meet the same competencies in skill and content as required for a license in foreign language (classical) shall be required.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6922 (October 1, 1993).

5-E DCMR § 1641 HEALTH AND PHYSICAL EDUCATION (K-12)

1641.1 In addition to the general and professional education requirements, for certification in health and physical education, coursework in the following representing fifty-two (52) semester hours shall be required:

(a) Scientific Foundations to include fifteen (15) semester hours from the following:

(1) Anatomy and Physiology;

(2) Physiology of Exercise;

(3) Growth and Motor Development;

(4) Biomechanics/Kinesiology;

(5) Motor Learning;

(6) Chemistry; and

(7) Behavioral Science/Psychology;

(b) Historical and Sociological Foundations to include six (6) semester hours from the following:

(1) History/Principles/Introduction to School;

(2) History/Philosophy/Principles of Physical Education;

(3) Sociological Foundations of Education and/or Sports;

(4) Sport Psychology; and

(5) History of Black Americans in sports;

(1) First Aid and CPR Certification;

(2) Effects of Substance and Drug Prevention Education;

(3) Health Appraisals and Referrals/Athletic Injuries;

(4) Human Sexuality/Family Life and Sexuality;

(5) Chronic, Degenerative Illnesses, Communicable and Non-communicable Diseases;

(6) Nutrition Education; and

(7) School, Environmental, Community and Consumer Health;

(d) Concepts relating to motor skill performance/fitness/sport to include seven (7) semester hours from the following:

(1) Fundamental skills;

(2) Dance and Rhythmic Activities;

(3) Fitness/Wellness Exercise Science;

(4) Games;

(5) Individual/Dual/Team Sports;

(6) Aquatics/Swimming/Water Safety/Life Guarding; and

(7) Gymnastics (optional); and

(e) Pedagogy specific to elementary health and physical education to include twelve (12) semester hours from the following:

(1) Assessment and Evaluation in Health and Physical Education or Research and Statistics in Health or Physical Education;

(2) Organization and Administration of Health and Physical Education;

(3) Adaptive Physical Education or Teaching the Exceptional Child; and

(4) Coaching and Officiating.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6922-24 (October 1, 1993).

5-E DCMR § 1642 ENDORSEMENT: ATHLETIC TRAINERS

1642.1 For an endorsement as an athletic trainer, the following shall be required:

(a) A bachelor’s degree from an accredited institution;

(b) Twenty-one (21) semester hours in the following:

(1) Health (i.e. nutrition, drug/substance abuse, health education);

(2) Human Anatomy;

(3) Kinesiology/Biomechanics;

(4) Human Physiology;

(5) Physiology of Exercise;

(6) Basic Athletic Training; and

(7) Advanced Athletic Training (one course in therapeutic modalities and rehabilitative exercises and acceptable alternatives to satisfy the advanced athletic training requirement);

(c) A valid American National Red Cross Standard First Aid Certification and a current Basic CPR Certification (American Red Cross or American Heart Association); and

(d) A minimum of one thousand five hundred (1,500) clock hours of athletic training experience (during a minimum of two (2) years and not to exceed five (5) years) under the supervision of a certified athletic trainer from either NATA (National Athletic Trainers Association) or AATA (American Athletic Trainers Association); and

(e) A valid athletic trainer certification and be in good standing with either NATA or AATA.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6924-25 (October 1, 1993).

5-E DCMR § 1643 ENDORSEMENT: ATHLETIC COACHES

1643.1 For an endorsement as an athletic coach, the following shall be required:

(a) A bachelor’s degree from an accredited institution;

(b) Completion of the Coaches Education Program in which instructors are trained and certified by the American Coaching Effectiveness Program (ACEP) and the athletic department of the District of Columbia Public Schools. Forty-five (45) clock hours to include the following:

(1) Philosophy of Coaching;

(2) Sports Psychology;

(3) Sports Pedagogy; and

(4) Sports Physiology;

(1) First Aid;

(2) Cardiopulmonary Resuscitation (CPR); and

(d) Six (6) clock hours in drug education.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6925-26 (October 1, 1993).

5-E DCMR § 1644 ENDORSEMENT: DRIVER EDUCATION

1644.1 For certification in driver education, the following shall be required:

(a) A minimum of ninety (90) clock hours of satisfactory experience in the teaching of theory in driver education from an accredited school or in a state approved school or driver training;

(b) A valid motor vehicle operator’s license issued by the District of Columbia Department of Public Works/Bureau of Motor Vehicle Services; and

(c) A valid motor vehicle instructor’s license issued by the District of Columbia Department of Public Works/Bureau of Motor Vehicle Services. The program content shall include the following:

(1) The use of simulation and automated response systems in driver education;

(2) Principles of safety education;

(3) First Aid and CPR for instructors;

(4) Advanced driver education; and

(5) Safety and traffic education.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6925 (October 1, 1993).

5-E DCMR § 1645 MUSIC - INSTRUMENTAL (K-12)

1645.1 In addition to the general and professional education requirements, for certification in music (instrumental), coursework in the following representing forty-five (45) semester hours shall be required:

(a) Content and skills to include the following:

(1) Conducting orchestral or band ensemble on all levels and select appropriate literature;

(2) Music history and literature to include African American/multicultural emphasis;

(3) Instruments (string, woodwind, brass, percussion);

(4) Accompaniment on piano to simple melodies;

(5) Music theory or comprehensive musicianship which would include written harmony, keyboard harmony, sightsinging and ear training, counterpoint, form and analysis, orchestration including scoring and arranging for band and orchestral ensembles; and

(6) Performing in an instrumental ensemble; and

(b) An audition before a professional panel coordinated by the music department to include the following:

(1) Conducting a simple as well as complex band or orchestra composition;

(2) Performance on a major instrument;

(3) Performance on one instrument from each family (i.e. violin, clarinet, trumpet and snare drum);

(4) Sight reading at a moderate tempo a selection found in a methods book;

(5) Harmonizing on piano a simple melody; and

(6) Playing on piano a simple accompaniment.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6926-27 (October 1, 1993).

5-E DCMR § 1646 MUSIC - VOCAL (K-12)

1646.1 In addition to the general and professional education requirements, for certification in music (vocal), coursework in the following representing forty-five (45) semester hours shall be required:

(a) Content to include the following:

(1) Conducting choral ensembles on all levels and select appropriate choral literature;

(2) Music history and literature to include African-American/ multicultural emphasis;

(3) Proficiency on the piano sufficient for demonstration and accompaniment;

(4) Music theory or comprehensive musicianship which include written harmony, keyboard harmony, sightsinging, ear training, counterpoint, form and analysis and composition (including scoring or arranging of choral music);

(5) Vocal/choral problems and solutions and sufficient vocal skills to assure effective use of the voice in demonstrating vocal technique; and

(6) Performing as a vocal in an ensemble;

(b) An audition before a professional panel coordinated by the music department to include the following:

(1) Conducting a simple as well as an advanced level SATB choral selection;

(2) Solo performance of prepared vocal and piano selections;

(3) Sight reading at a moderate tempo a standard hymn or folk song on the piano; and

(4) Sight reading a simple vocal melody demonstrating appropriate tone quality; and

(5) Harmonizing at the piano a simple accompaniment to a melody from an elementary music textbook.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6927-28 (October 1, 1993).

5-E DCMR § 1647 SPECIAL EDUCATION - NON- CATEGORICAL (K-12)

1647.1 In addition to the general and professional education requirements, for certification in special education (non-categorical), coursework in the following representing twenty-one (21) semester hours in the common core shall be required:

(a) Psychoeducational assessment of exceptional individuals;

(b) Socio-cultural and vocational aspects of disabilities;

(d) Language development of children with disabilities;

(e) Current trends and legal issues in special education; and

(f) Psychology of the exceptional children.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6928 (October 1, 1993).

5-E DCMR § 1648 SPECIAL EDUCATION - CATEGORICAL (K-12)

1648.1 In addition to the general and professional education requirements, for certification is special education (categorical), coursework in the common core (twenty- one (21) semester hours), and coursework in one of the following areas shall be required:

(a) Serious emotionally disturbance (fifteen (15) semester hours):

(1) Characteristics of the emotionally disturbed;

(2) Specific techniques of behavior management; and

(3) Educational programming, teaching methods and materials for emotionally disturbed, to include a variety of school situations;

(b) Hearing impairments (fifteen (15) semester hours):

(1) Characteristics of individuals with hearing and related speech disorders;

(2) Speech science and audiology;

(3) Instructional procedures for the education of the hearing-impaired, including manual communication; and

(4) Individual and group amplification systems with emphasis upon classroom utilization;

(1) Characteristics of individuals with learning disabilities and theories of etiology;

(2) Techniques for diagnosis and intervention with learning disabled individuals of all degrees of disability at the various school levels;

(3) Methods of basic skills instruction (i.e. oral and written language, reading, and mathematics) for learning disabled individuals at the various school levels; and

(4) Adaptations of various levels of general education course content, materials, and methods of presentation to accommodate varying learning styles;

(d) Mental retardation (fifteen (15) semester hours):

(1) Characteristics, including medical aspects, of mentally retarded individuals;

(2) Teaching methods and materials for the mentally retarded; and

(3) Vocational exploration, as well as leisure and social skills training, for the mentally retarded;

(e) Visual impairments (fifteen (15) semester hours):

(1) Anatomy, physiology, and diseases of the eye;

(2) Nature and needs of visually impaired individuals;

(3) Reading and writing Braille; and

(4) Procedures for teaching visually impaired individuals;

(f) Orthopedically impaired (fifteen (15) semester hours):

(1) Characteristics of children with orthopedic impairments;

(2) Medical aspects of Orthopedic/OHI;

(3) Problems in the development and education of the OI/OHI;

(4) Neurodevelopmental sensory integration approaches; and

(5) Psychological aspects of teaching children with physical disabilities.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6928-30 (October 1, 1993).

5-E DCMR § 1649 BILINGUAL EDUCATION (K-12)

1649.1 In addition to the general and professional education requirements, for certification in bilingual education, the following shall be required:

(a) A valid teaching certificate in a content area;

(b) Thirty (30) semester hours to include the following:

(1) The historical, philosophical, educational, and sociological basis of the education of language minority students (a minimum of six (6) semester hours) including the following:

(A) Foundations of Bilingual Education; and

(B) Theory and Practice of Bilingual Education.

(2) Linguistics and its relationship to cognitive development (a minimum of six (6) semester hours) including:

(A) Introduction to Linguistics;

(B) Bilingualism; and

(3) Developmental literacy, reading readiness and reading for Language Minority students (a minimum of three (3) semester hours);

(4) Bilingual assessment instruments used with linguistically diversity Language Minority students (a minimum of three (3) semester hours); and

(5) Principles of cross-cultural communication and the differences in learning styles of Language Minority students (a minimum of three (3) semester hours); or substitutable experience (required verification, i.e. one year of living abroad or forty-five (45) hours of formal travel study; and

(d) Competency in the language of specialty other than English as determined by an assessment administered in the language by the Language Minority Affairs Branch.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6930-31 (October 1, 1993).

5-E DCMR § 1650 BILINGUAL SPECIAL EDUCATION (K-12)

1650.1 In addition to the general and professional education requirements, for certification in bilingual special education, the following shall be required:

(a) Historical, philosophical, educational, and sociological basis of the education of language minority students; understanding of linguistics; formal and informal assessments; and differential earning styles of the language minority student (a minimum of eighteen (18) semester hours) including the following:

(1) Foundations of Bilingual Special Education;

(2) Bilingualism;

(3) Literacy in Second Language Learning;

(4) Principles of Cross-cultural Communication; and

(5) Curriculum and Instruction in Bilingual Special Education;

(b) Common core content in special education (a minimum of twelve (12) semester hours) including the following:

(1) Psychoeducational assessment of exceptional individuals;

(2) Socio-cultural and vocational aspects of disabilities;

(3) Modifications/adaptations of curriculum and instruction of the exceptional individual;

(4) Language development of children with disabilities;

(5) Current trends and legal issues in special education; and

(6) Psychology of exceptional children;

(d) Competency in the language of specialty other than English as determined by an assessment administered in the language by the Language Minority Affairs Branch.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6931-32 (October 1, 1993).

5-E DCMR § 1651 ENGLISH AS A SECOND LANGUAGE (K-12)

1651.1 In addition to the general and professional education requirements, for certification in English as a second language, the following shall be required:

(a) Thirty (30) semester hours to include the following:

(1) Historical, philosophical, educational, and sociological basis of the education of language minority students (a minimum of six (6) semester hours) to include the following:

(A) Foundations of English as a Second Language Education; and

(B) Theory and Practice of English as a Second Language;

(2) Linguistics and its relationship to cognitive development (a minimum of six (6) semester hours) to include the following:

(A) Introduction to Linguistics;

(B) Second Language Acquisition; or

(3) Developmental literacy, reading readiness and reading for language minority students (a minimum of three (3) semester hours);

(4) Bilingual assessment instruments used with linguistically diverse language minority students (a minimum of three (3) semester hours); and

(b) Competency in the English language as determined by the Language Minority Affairs Branch; and

(c) Competency in the language of specialty other than English as determined by an assessment administered in the language by the Language Minority Affairs Branch.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6932 (October 1, 1993).

5-E DCMR § 1652 ENDORSEMENT: ENGLISH AS A SECOND LANGUAGE (ADULT)

1652.1 For an endorsement in English as a Second Language (Adult), the following shall be required:

(a) A valid teaching certificate in English as a Second Language; and

(b) Twelve (12) semester hours in adult education to include the following:

(1) At least six (6) semester hours of adult education, including the adult learner;

(2) Teaching of reading to adults; and

(3) Testing and measurement of adults.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6933 (October 1, 1993).

5-E DCMR § 1653 ADULT BASIC EDUCATION

1653.1 In addition to the general and professional education requirements, for certification in adult basic education, the following shall be required:

(a) Eighteen (18) semester hours to include the following:

(1) Psychology of the adult learner;

(2) Foundations of the adult learner;

(3) Development of communication skills; and

(4) Six (6) semester hours in related areas;

(b) Observation and student teaching at the adult or secondary level (high school) or one (1) year of satisfactory experience at the adult level.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6933 (October 1, 1993).

5-E DCMR § 1654 ADULT EDUCATION (ACADEMIC SUBJECTS)

1654.1 In addition to the general and professional education requirements, for certification in adult education (academic subjects), the following shall be required:

(a) Eighteen (18) semester hours to include the following:

(1) Psychology of the adult learner;

(2) Foundations of the adult learner;

(3) Development of communication skills;

(4) Methods and materials of adult education; and

(5) Six (6) semester hours in related areas.

(b) A minimum of thirty (30) semester hours in a subject area; and

(c) Observation and student teaching at the adult or secondary level (high school) or one (1) year of satisfactory experience at the adult level.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6933-34 (October 1, 1993).

5-E DCMR § 1655 PUPIL PERSONNEL WORKER

1655.1 For certification as a pupil personnel worker, the following shall be required:

(a) Eighteen (18) semester credits to include the following:

(1) Abnormal psychology/psychopathology;

(2) Educational psychology;

(3) Educational sociology/urban problems/community problems (socio-psycho, economic aspects); and

(4) Human development and behavior;

(b) Fifteen (15) semester hours from the following:

(1) Appraisal techniques;

(2) Consultation skills/parent community relations/human relations;

(3) Counseling theories;

(4) Developmental learning/ developmental reading/ developmental psychology;

(5) Legal, legislative and ethical issues; or

(6) Survey of exceptional children/survey of special education; and

(c) One (1) year of satisfactory experience as part of the degree program or in a work setting that deals with the problems of youth.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6934 (October 1, 1993).

5-E DCMR § 1656 PSYCHOMETRIST

1656.1 For certification as a psychometrist, the following shall be required:

(a) A master’s degree with a major in psychology, sociology, or education from an accredited institution;

(b) A minimum of twelve (12) semester credits with at least one from each of the following areas:

(1) Educational sociology;

(2) Educational or psychological statistics;

(3) Psychological or individual testing; and

(4) Tests and measurements, or the testing assessment of pupil learning characteristics;

(d) A minimum of three (3) graduate semester hours in any of the following:

(1) Diagnosis and evaluation;

(2) Curriculum development; or

(3) Instructional supervision; school administration.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6934-35 (October 1, 1993).

5-E DCMR § 1657 SCHOOL COUNSELOR

1657.1 For certification as a school counselor, the following shall be required:

(a) A master’s degree in counseling from an accredited institution;

(b) A minimum of two (2) successful academic years of full-time experience in teaching. One year could be satisfied by full-time work experience in a non-school setting;

(1) Philosophy and principles underlying guidance and other pupil personnel services;

(2) The theory and practice of counseling, including work with exceptional and culturally diverse students;

(3) Educational and psychological measurement;

(4) Career development theory including career planning and decision-making techniques and the use of occupational and educational information;

(5) Understanding the individual (i.e., the nature and range of human characteristics);

(6) Group counseling and group guidance processes;

(7) Research and evaluation;

(8) Elementary, middle, and secondary school counseling; and

(9) No less than three hundred (300) clock hours of graduate level university supervised field experience in counseling in a school setting, pre-K-12. One hundred (100) of these required hours (twenty (20) hours per year) may be granted prior to classroom teaching experiences. The hours of field experience shall be performed in pre- practicum, practicum, or internship and shall include demonstration of skills/competencies in the following:

(A) Individual, group, play, therapy, family therapy, consultation, career development, measurement and evaluation, placement and follow-up, computer literacy, and multicultural education;

(B) This field experience requirement may be met by completion of a degree in school counseling from a program approved by the Council for Accreditation of Counseling and Related Educational Program (CACREP) or a National Board of Certified Counselors (NBC(C) certificate; or

(C) Completion of a degree in school counseling from a program approved by the Council for Accreditation of Counseling and Related Educational Program (CACREP) or a National Board of Certified Counselors (NBC(C) certificate.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6935-36 (October 1, 1993).

5-E DCMR § 1658 SPEECH LANGUAGE PATHOLOGIST

1658.1 For certification as a speech pathologist, the following shall be required:

(a) A master’s degree from an accredited institution;

(b) Satisfactory completion of a total of seventy-five (75) semester hours of speech and language pathology, audiology and allied fields. Thirty-six (36) of these shall be at the graduate level and designed to develop competencies in the following areas:

(1) Speech and language development;

(2) Anatomy; physiology of the speech; hearing mechanism;

(3) Linguistic and cultural issues affecting multicultural populations;

(4) Speech and language disorders (articulation, language, fluency and voice) to include the following;

(A) A minimum of six (6) semester hours in speech disorders; and

(B) A minimum of six (6) semester hours in language disorders;

(5) Clinical procedures in identifying, evaluating and diagnosing speech, language and hearing disorder to include prognosis and recommendations for treatment when indicated;

(6) Habilitation and rehabilitation of speech and language disorders;

(7) Auditory pathology; and

(8) Aural habilitation/rehabilitation; or

(9) Any person holding the Certificate of Clinical Competence in Speech Pathology or whose application has been approved by the American Speech, Language and Hearing Association will be eligible for licensure without evaluation of individual courses;

(1) The anatomic and physiological bases for normal development and use of speech, language, and hearing;

(2) The physical bases and processes of the production and perception of speech, language and hearing (i.e., acoustics or physics of sound, phonology and phonetics);

(3) Linguistic and psycholinguistic variables related to normal development and use of speech, language and hearing;

(4) Biological/Physical Sciences;

(5) Mathematics; and

(6) Behavioral and Social Sciences.

(d) Twelve (12) semester hours in allied fields or speech language or audiology.

(e) Additionally, satisfactory completion of a minimum of three hundred and fifty (350) clock hours of supervised clinical practicum is required. Two hundred and fifty (250) of which shall obtained at the graduate level. A minimum of two hundred and fifty (250) clock hours shall be in speech pathology and encompass the following:

(1) Evaluation of speech disorders:

(A) Children (twenty (20) clock hours); and

(B) Adults (twenty (20) clock hours);

(2) Evaluation of language disorders:

(A) Children (twenty (20) clock hours); and

(B) Adults (twenty (20) clock hours);

(3) Treatment of speech disorders:

(A) Children (twenty (20) clock hours); and

(B) Adult (twenty (20) clock hours);

(4) Treatment of language disorders:

(A) Children (twenty (20) clock hours); and

(B) Adults (twenty (20) clock hours);

(5) A minimum of thirty-five (35) clock hours must be in audiology and encompass the following:

(A) Evaluation and treatment of speech and language disorders associated with hearing impairments (a minimum of fifteen (15) clock hours); and

(B) Evaluation of audiology disorder (a minimum of fifteen (15) clock hours); and

(6) The remaining clock hours may be obtained in speech pathology or audiology.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6936-38 (October 1, 1993).

5-E DCMR § 1659 SCHOOL PSYCHOLOGIST

1659.1 For certification as a school psychologist, the following shall be required:

(a) A master’s degree in school, psychology, educational, or clinical psychology from an accredited institution to include forty-two (42) semester hours of graduate level coursework and five hundred (500) clock hours of satisfactory field experience in a school setting under the supervision of a certified school psychologist;

(b) Fifteen (15) semester hours to include the following:

(1) Introduction to school psychology;

(2) Child adolescent psychology or developmental psychology;

(3) Psychology of abnormal behavior/psychopathy of childhood and adolescence (mental hygiene);

(4) Statistics; tests and measurements, evaluation; or research methods; and

(5) Seminar in school psychology;

(1) Neurology or neuropsychology and brain behavior;

(2) Biological basis of behavior;

(3) Theories of learning; or

(4) Theories of personality;

(d) Nine (9) semester hours from the following:

(1) History and systems of psychology;

(2) Psychology of the exceptional child;

(3) Socio-cultural education;

(4) Survey of problems and issues in special education; or

(5) Public school law; urban issues; legal and ethical issues;

(e) Six (6) semester hours to include the following:

(1) Individual assessment of cognitive abilities; and

(2) Behavioral assessment (behavioral checklist, classroom observation techniques); and

(f) Six (6) semester hours from the following:

(1) Evaluation and diagnosis of exceptional children;

(2) Diagnosis and remedial techniques in arithmetic;

(3) The learning disabled child/learning disabilities; or

(4) Personality assessment.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6938-39 (October 1, 1993).

5-E DCMR § 1660 SCHOOL SOCIAL WORKER

1660.1 For certification as a school worker, the following shall be required:

(a) A master’s degree in social work from an accredited institution of social work that includes the following:

(1) Field practicum in a setting providing direct services to individuals and groups of school age children and their families; or

(2) A minimum of one (1) year paid professional experience (post master’s degree) in a setting providing direct services to individuals and groups of school age children and their families;

(b) Program content to include the following:

(1) Four (4) semester hours in family and child related coursework;

(2) Four (4) semester hours in human behavior and social environment;

(3) Four (4) semester hours in social welfare policy and services;

(4) Eight (8) semester hours in social work practice;

(5) Four (4) semester hours in research; and

(6) Six (6) semester hours to include the following:

(A) Laws and regulations, which impact upon school programs; and

(B) Content in the area of disabling conditions and appropriate interventions;

(1) Developing a social history and psychological assessments by use of appropriate methodologies and theories (i.e., systems, family psychological theories and framework);

(2) Utilizing theoretical and practice knowledge in counseling (i.e., family dynamics, crisis intervention and mediation);

(3) Communication (i.e., speech, writing, sign language when/where appropriate);

(4) Child and adolescent development theories (i.e., typical vs. atypical development; life cycle issues);

(5) Learning and behavioral theories;

(6) The influence of situations which impact upon individuals, families, and communities;

(7) Law and legal provisions in the area of child welfare;

(8) The cause and effects of social, cultural, and environmental forces and their impact on learning and human behavior (i.e., effect of these forces on race, ethics, gender, socio-economic status); and

(9) The role and function of the school social worker in relationship to school, communities, and organizations; and

(d) A valid license to practice social work in the District of Columbia.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6940-41 (October 1, 1993).

5-E DCMR § 1661 ATTENDANCE OFFICER

1661.1 For certification as an attendance office, the following shall be required:

(a) A bachelor’s degree from an accredited institution;

(b) Thirty (30) semester hours in the areas of psychology, education, sociology, anthropology and child welfare;

(d) Three (3) semester hours in a supervised practicum, internship, student teaching, or field experience;

(e) Content to include the following:

(1) Knowledge of human growth and development, human social problems and dysfunctioning family dynamics; and

(2) Knowledge of human service agencies and child and youth service agencies, including juvenile justice systems;

(f) Skills to include the following:

(1) How clients define their circumstances and problems;

(2) Diagnosing individual, family and community social problems;

(3) Working with organizations (i.e., schools, school systems, human service agencies) to address clients’ needs and problems;

(4) Limitations, characteristics, needs and problems of organizations in meeting human needs;

(5) Communicating effectively orally and in writing;

(6) Interviewing clients and obtain information; and

(7) Developing plans to help clients eliminate, reduce, or control their problems; and

(g) One (1) year of employment experience as a human service worker after receipt of the bachelor’s degree; or, two (2) years of employment experience as a paraprofessional human service worker before or after receipt of the bachelor’s degree.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6941-42 (October 1, 1993).

5-E DCMR § 1662 SCHOOL LIBRARIAN/MEDIA SPECIALIST (K-12)

1662.1 For certification as a school librarian/media specialist, the following shall be required:

(a) A master’s degree from an accredited institution;

(b) Twenty-one (21) semester credits in library or information science including the following:

(1) Cataloging and classification;

(2) Computerized applications of library automation and information access;

(3) Instructional media design and production;

(4) Organization of school library media programs and collections;

(5) Reference sources and services;

(6) Evaluation, selection and utilization of instructional media for children and young people; and

(7) Integration of library resources in the curriculum; and

(c) Directed field experience in a school library media center with an experienced media specialist or two (2) years of successful teaching or one (1) year of library experience.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6942 (October 1, 1993).

5-E DCMR § 1663 AUDIOLOGIST

1663.1 For certification as an audiologist, the following shall be required:

(a) A master’s degree from an accredited institution;

(b) Satisfactory completion of a total of seventy-five (75) semester hours in audiology and allied fields. Thirty-six (36) of these shall be at the graduate level and designed to develop competencies in the following:

(1) Speech and language development;

(2) Anatomy and physiology of the hearing mechanism;

(3) Linguistic and cultural issues affecting multicultural populations;

(4) Auditory pathology:

(A) A minimum of six (6) semester hours in hearing disorders and hearing evaluations; and

(B) A minimum of six (6) semester hours in habilitative and rehabilitative procedures;

(5) Clinical procedures in identifying, evaluating and diagnosing hearing disorders to include prognosis and recommendations for treatment when indicated;

(6) Aural habilitation/rehabilitation;

(7) Speech and language disorders not associated with hearing impairments; or

(8) Any person holding the Certificate of Clinical Competence in Audiology or whose application has been approved by the American Speech, Language and Hearing Association will be eligible for licensure without evaluation of individual courses;

(1) The anatomic and physiological bases for normal development and use of speech, language and hearing;

(2) The physical bases and processes of the production and perception of speech, language and hearing (i.e., acoustics or physics of sound, phonology and phonetics;

(3) Linguistic and psycholinguistic variables related to normal development and use of speech, language and hearing;

(4) Alternative forms of communications (i.e., manual sign, cued speech, or oral- aural method);

(5) Psychological and emotional problems associated with hearing impairments;

(6) Mathematics;

(7) Biological and physical sciences;

(8) Behavioral and social sciences; and

(9) Three (3) semester hours in related coursework;

(d) Twelve (12) semester hours in allied fields of audiology and or speech language; and

(e) Additionally, satisfactory completion of a minimum of three hundred and fifty (350) clock hours of supervised clinical practicum shall be required. Two hundred and fifty (250) clock hours shall be obtained at the graduate level. A minimum of two hundred and fifty (250) shall be in audiology and encompass the following:

(1) Evaluation of hearing disorders:

(A) Children (forty (40) clock hours); and

(B) Adults (forty (40) clock hours);

(2) Selection and use of amplification systems and assistive devices including a total of eighty (80) clock hours in the following:

(A) Children (ten (10) clock hours minimum); and

(B) Adults (ten (10) clock hours minimum);

(3) Treatment of hearing disorders;

(A) Children (twenty (20) clock hours); and

(B) Adults (twenty (20) clock hours);

(4) A minimum of thirty-five (35) clock hours in speech pathology to include the evaluation and treatment of speech and language problems not related to hearing impairment; and

(5) The remaining clock hours may be obtained in audiology or speech pathology.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6943-44 (October 1, 1993).

5-E DCMR § 1664 COMPUTER EDUCATION LABORATORY TEACHER

1664.1 In addition to the general and professional education requirements, for certification as a computer education laboratory teacher, the following shall be required:

(a) A bachelor’s degree from an accredited institution in one of the teaching areas; and

(b) Eighteen (18) semester hours to include the following:

(1) Principles and practices for supervision, leadership, and technology planning and implementation into the curriculum;

(2) Methods and instructional strategies; software design/evaluation; and, software applications in an instructional environment;

(3) Overview of hardware and software trends/operation/ applications/ solutions for instruction;

(4) Integrating computers/technologies in a learning environment;

(5) Introduction to basic core applications to include the following:

(A) Word processing;

(B) Database management; and

(6) Introduction to computer operating systems; and

(7) Curriculum development or instructional design to include the following:

(A) Instructional applications of technology for problem solving, data collection and analysis, information management, and decision-making;

(B) Design, evaluation and use of instructional software and documentation;

(D) Educational technology leadership to include development of technology plans, hardware and software acquisition, budget, maintenance, training, and instructional and technical support;

(E) Evaluation, acquisition, and implementation of technology and the learning environment; and

(F) Instructional utilization of productivity tools (i.e. word processing, database, spreadsheet, graphics and teacher utility applications);

(8) Evaluation of electronic media, services, facilities, and needs of personnel;

(9) Identification of instructional problems for which appropriate technological strategies can be developed;

(10) Operation of an array of computer software including word processing, database managers, telecommunications, graphics, utilities, and authoring/programming tools;

(11) Development of proposals for innovative instructional applications of technology in schools; and

(12) Provide leadership for students, faculty, and administrators through modeling and planning.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6945-46 (October 1, 1993).

5-E DCMR § 1665 EDUCATIONAL TECHNOLOGY TEACHER TRAINERS

1665.1 For certification as an educational technology teacher trainer, the following shall be required:

(a) A master’s degree from an accredited institution and either the bachelor’s or the master’s degree shall be in one of the teaching areas;

(b) Eighteen (18) semester hours to include the following:

(1) Applications of educational technology/microcomputers;

(2) Implementing computers in a learning environment;

(3) Integrating computers/technology in the curriculum;

(4) Principles of software evaluation;

(5) Design principles of educational media;

(6) Principles of distance learning;

(7) Principles of instructional applications for technology to include the following:

(A) Correlation of curriculum objectives;

(B) Data collection and analysis;

(D) Application of instructional strategies (i.e., problem-solving, simulations, and discovery learning);

(8) Principles of educational technology leadership to include the following:

(A) Principles and practices for supervision, leadership, technology planning, and integration into the curriculum; and

(B) Evaluation of electronic media, services, facilities, and support personnel;

(c) One hundred and fifty (150) contact hours of technology-related training through certifiable seminars, institutes, workshops of professional staff development; and

(d) One (1) year of successful teaching experience as an educational technology teacher or coordinator; and one (1) year experience as a trainer of adults or one hundred and fifty (150) contact hours of certifiable technology-related training in seminars, institutes, workshops, or other professional staff development activities.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6946-47 (October 1, 1993).

5-E DCMR § 1666 EXPERIENTIAL LEARNING

1666.1 Acceptance of experiential learning to satisfy specific license requirements shall be determined by the Director of Teacher Education and Certification.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6893, 6947 (October 1, 1993).

5-E DCMR § 1667 ADMINISTRATIVE SERVICES CREDENTIALING

1667.1 An individual must have an Administrative Services Credential to serve as a principal or assistant principal at a public school in the District of Columbia.

1667.2 The Office of the State Superintendent of Education (OSSE) shall issue an Administrative Services Credential in accordance with the provisions of this Section.

1667.3 To qualify for an Administrative Services Credential, the candidate must have:

(a) Earned an advanced degree from an accredited institution of higher education; or successfully completed the initial licensure requirements of a program for educational administrators approved by the OSSE in accordance with subsection 1667.7 of this chapter;

(b) Successfully completed two years of full-time Preschool-12 school based teaching, or other instructional leadership experience, or two years of full-time Preschool-12 school-based experience in guidance counseling, social work, psychological services, or rehabilitative services for students with disabilities; and

(c) Successfully completed the School Leaders Licensure Assessment (SLLA), with a qualifying score determined by the State Superintendent of Education.

1667.4 At the request of a local education agency located in the District of Columbia (LEA), the State Superintendent of Education may grant an exception to the requirements of paragraphs (a) and (b) of subsection 1667.3 of this chapter;

1667.5 The term of the Administrative Services Credential shall be four calendar years from the date of issuance, unless a shorter term is prescribed by the State Superintendent of Education. The Administrative Services Credential is renewable upon completion of two hundred (200) hours of professional activities and services that contribute to performance and effectiveness as an educational administrator, as determined by the State Superintendent of Education.

1667.6 Candidates who hold a valid administrative services license from another state or jurisdiction within the United States of America, and have not taken the SLLA, shall be eligible for a non-renewable Transitional Administrative Services Credential that expires within one calendar year from the date of issuance or any shorter term prescribed by the State Superintendent of Education.

1667.7 Candidates who were performing administrative assignments at the principal, supervisory or other level, prior to January 1, 2000, and continuing through July 1, 2008, shall be eligible for a one-year Restricted Administrative Services Credential that expires within one calendar year from the date of issuance, but which may be renewed for a second calendar year if the candidate has met the requirement of subsection 1667.3(c) and will have met the requirements of subsection 1667.3(a) in that second calendar year.

1667.8 The State Superintendent of Education shall develop policies or directives setting forth objective and verifiable standards for the approval, renewal, and revocation of approval by the OSSE of programs for educational administrators that qualify candidates to earn an Administrative Services Credential pursuant to subsection 1667.3(a) of this chapter. Only programs sponsored by an institution of higher education, a non-profit organization, or LEA may be considered for approval pursuant to this subsection by the OSSE. Any approval granted by the OSSE pursuant to this subsection, shall specify which requirements must be successfully completed to qualify a candidate for the Administrative Services Credential pursuant to subsection 1667.3((a) of this chapter. Any such programs in existence as of the date of the final approval of this rule, shall maintain their qualified status pursuant to subsection 1667.3(a) of this chapter, for the duration of the term of their current approval as a qualified program.

1667.9 Each candidate for an Administrative Services Credential shall be required to undergo a criminal history record check prior to receiving the credential, and may be required to submit to additional checks for purposes of renewing or continuing to hold the credential. The State Superintendent of Education shall develop policies or directives setting forth objective and verifiable criteria for the review of such records. Only criminal convictions and pending charges shall be taken into account with regard to criminal background information in determining whether or not an individual is qualified to hold the credential.

History

SOURCE: Final Rulemaking published at 49 DCR 5212, 5216-20 (June 23, 2000); as amended by Final Rulemaking published at 51 DCR 6445(June 25, 2004); as amended by Final Rulemaking published at 55 DCR 12149 (November 28, 2008).

5-E DCMR § 1668 [RESERVED]

5-E DCMR § 1669 [RESERVED]

5-E DCMR § 1670 [RESERVED]

5-E DCMR § 1671 [RESERVED]

5-E DCMR § 1672 [RESERVED]

5-E DCMR § 1673 [RESERVED]

5-E DCMR § 1674 [RESERVED]

5-E DCMR § 1675 [RESERVED]

5-E DCMR § 1676 [RESERVED]

5-E DCMR § 1677 [RESERVED]

5-E DCMR § 1678 [RESERVED]

5-E DCMR § 1679 [RESERVED]

5-E DCMR § 1680 [RESERVED]

5-E DCMR § 1681 [RESERVED]

5-E DCMR § 1682 [RESERVED]

5-E DCMR § 1683 [RESERVED]

5-E DCMR § 1684 [RESERVED]

5-E DCMR § 1685 [RESERVED]

5-E DCMR § 1686 [RESERVED]

5-E DCMR § 1687 LICENSE DENIAL, SUSPENSION OR REVOCATION

1687.1 A license issued pursuant to this chapter may be denied, or suspended for a period determined by the State Superintendent of Education or revoked by the State Superintendent of Education if the license holder has:

(a) Fraudulently or deceptively obtained, or attempted to obtain the license;

(b) Pled guilty or nolo contendere with respect to, or received probation before judgment with respect to, or been convicted of one of the following crimes or been held liable in a private cause of action based upon the following:

(1) Murder;

(2) Child abuse;

(3) Rape;

(4) A sexual offense involving a minor or non-consenting adult;

(5) Child pornography;

(6) Kidnapping or abduction of a child;

(7) Illegal possession, use, sale, or distribution of controlled substances;

(8) Illegal possession or use of weapons; or

(c) Knowingly failed to report suspected child abuse or neglect, as required by District of Columbia Official Code Section 4-1321.02; or

(c) Had his or her application for a license denied, suspended or revoked in this or another jurisdiction within the last five (5) years for a cause which would be grounds for denial, suspension, or revocation under Section 1687.1.

1687.2 The following reporting procedures shall govern this chapter with regard to conduct in Section 1687.1.

(a) The following individuals shall notify the State Superintendent in writing in the event a person with a current license issued under this chapter or applicant for a license under this chapter falls within the terms of Section 1687.1 above:

(1) The Certificate applicant or person with a current Certificate; and

(2) The Administrator of the school or an official of the District of Columbia Public School system if the conduct occurs during current employment or during a background check;

(b) The written report shall include the following information:

(1) Name and current or last know address of the person being reported;

(2) Type of Certification(s) held by the person or applied for; and

(3) Specific grounds set forth in Section 1687.1 to support denial, suspension, revocation.

1687.3 Before denying, suspending, or revoking a license, including without limitation for reasons set forth in Section 1687.1, the State Superintendent of Education or his or her designee shall:

A Send the potential or current license holder a written notification of the intent to deny, suspend or revoke his or her license, specifying the basis for intended action;

B Advise the potential or current license holder of the right to a hearing and advise further that:

1 The decision shall not become final until the conclusion of hearing, unless otherwise provided by law; and a request for a hearing is filed within ten (10) days of the receipt of a written copy of circumstances in Section 1687.1 affecting the applicant or current license holder;

2 Absent the timely filing of a request for a hearing, the decision shall become final on the eleventh (11th) day after receipt of a written copy of charges against the potential or current license holder; and

3 Advise the applicant or current license holder that, the burden of proof shall rest upon:

(A) The State Superintendent of Education to sustain a decision to suspend or revoke a license;

(B) The applicant in order to reverse a decision to deny a license; and

1687.3 The State Superintendent of Education or his or her designee shall notify all other states of denial, suspension, and revocation decisions as part of the interstate certification data exchange.

1687.4 If the decision of denial, suspension, or revocation is based on Section 1687.1 (b), and if the decision subsequently is overturned in an appeal or other post decision proceeding, an applicant may re-apply for a license, and a license suspension or revocation shall end on the date a conviction or plea of guilty is overturned.

1687.5 A license which has been suspended under this chapter shall be automatically reinstated at the end of a suspension period; provided that the license has not expired during the period of suspension.

1687.6 If a license expired during the period of suspension, a person may reapply and shall be required to meet the license requirements in effect at the time the application is submitted for a new license.

History

SOURCE: Final Rulemaking published at 28 DCR 3201 (July 17, 1981); as amended by Final Rulemaking published at 33 DCR 6542 (October 24, 1986); and by Final Rulemaking published at 40 DCR 6951 (October 1, 1993); as amended by Final Rulemaking published at 56 DCR 303, 310 (January 9, 2009).

5-E20 ADMISSION OF STUDENTS

5-E DCMR § 2000 GENERAL ADMISSION POLICY

2000.1 Each person seeking admission to the schools and programs of the D.C. Public Schools must satisfactorily meet all residency, academic, age, immunization, tuition, and other eligibility prerequisites for the school or program to which the person seeks admission as set forth in the Code of Laws of the District of Columbia and the rules of the Board of Education.

2000.2 [REPEALED].

2000.3 An adult student who is a resident of the District of Columbia shall be eligible for free instruction in the schools and programs of the D.C. Public Schools for which the student meets all other criteria and prerequisites for admission.

2000.4 [REPEALED].

2000.5 [REPEALED].

2000.6 No student shall be denied admission to the D.C. Public Schools by reason of the student’s race, color, religion, national origin, citizenship status, sex, marital status, personal appearance, sexual orientation, family responsibilities, political affiliation, handicapping condition, or any other basis of unlawful discrimination under the laws of the District of Columbia.

2000.7 A pregnant student who is otherwise eligible for admission to the D.C. Public Schools shall not be denied admission because of the pregnancy; provided, that eligibility for participation in physical education or other activities may be conditioned upon certification by a physician that the student is physically able to participate in the activity.

History

SOURCE: Final Rulemaking published at 24 DCR 1005 (July 29, 1977); as amended by Final Rulemaking at 27 DCR 2575 (June 13, 1980); as amended by Final Rulemaking published at 45 DCR 2329 (April 17, 1998); as amended by Final Rulemaking published at 48 DCR 7352 (October 9, 1998); as amended by Final Rulemaking published at 47 DCR 989 (February 18, 2000); as amended by Final Rulemaking published at 64 DCR 3146 (March 31, 2017). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2000

5-E DCMR § 2001 ATTENDANCE ZONES

2001.1 Attendance zones shall be established by the Board of Education, and all modifications or alterations in attendance zone boundaries shall be approved by the Board of Education.

2001.2 The Superintendent of Schools shall annually make recommendations to the Board of Education on the maintenance or alteration of established attendance zone boundaries.

2001.3 Actions to establish, modify, or alter attendance zone boundaries shall give priority consideration to the operational needs of the school system, available demographic data, and the impact upon the educational program of the school system.

2001.4 Any recommendation for the establishment or alteration of attendance zone boundaries shall include an analysis and justification based upon the factors set forth in § 2001.3.

2001.5 Before the Superintendent’s recommendations for the establishment, modification, or alteration of any attendance zone boundary are forwarded to the Board of Education, written notice of the proposed action shall be given to the parent or guardian of each affected student by the Assistant Superintendent(s) with jurisdiction over the affected area(s). The notice shall provide for the submission of written comments by members of the public.

2001.6 At a reasonable time after notice is given, a public hearing or meeting shall be held at which members of the public shall be invited to give testimony.

2001.7 Notice of proposed action to establish, modify, or alter any attendance zone boundary shall be published in the D.C. Register not less than thirty (30) days prior to approval of the proposed action by the Board of Education.

2001.8 Attendance zone boundary information for all schools shall be maintained by the Superintendent of Schools and shall be available for public inspection and review in the Office of the Superintendent of Schools, the Office of the Board of Education, the principal’s office of each school, and the D.C. Public Library.

2001.9 The establishment and maintenance of “optional attendance zones” for the purpose of encouraging or maintaining racial segregation or for any purpose of unlawful discrimination is forbidden.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1007 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 181 (January 6, 1989). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2001

5-E DCMR § 2002 ADMISSION AND REGISTRATION PROCEDURES

2002.1 Application for admission to the D.C. Public Schools shall be made by registering at the school for which the student is eligible which is located in the attendance zone within which the applicant resides.

2002.2 Application for admission to the D.C. Public Schools by students who reside outside of the District of Columbia shall be made to the appropriate office to be designated by the Superintendent. Approval of any applications shall be within the discretion of the official vested by the Superintendent of Schools with such authority.

2002.3 Residence attendance zone restrictions shall not apply to the following:

(a) Career development centers;

(b) Special education schools or programs;

(d) Other schools and programs that provide city-wide curricular opportunities for all qualified students regardless of their place of residence in the District of Columbia.

2002.4 If admission to a particular school or program is not based upon residence in a particular attendance zone, initial registration may be required at the appropriate attendance zone school, as required in § 2002.1, or at another place designated by the Superintendent of Schools.

2002.5 The principal or other person in charge of registration for each school or program shall be responsible for the receipt of all applications for admission, the conduct of registration procedures, and the certification that all admission requirements and prerequisites have been properly met by the student and that each student is provided a copy of Section 2401 (Student Bill of Rights) upon registration.

2002.6 Prior to the admission of a student the adult student, or the student’s parent or guardian shall be required to provide documentary proof of the date of birth of each registering student. Proof of age may include, but is not necessarily limited to, any one (1) of the following:

(a) An original or certified true copy of the student’s official birth certificate;

(b) A valid, unexpired passport which gives the student’s date of birth;

(c) A sworn (notarized) affidavit of the student’s correct date of birth. Affidavit forms shall be available from each principal or other person responsible for admission and registration procedures;

(d) An official transcript from the last school attended which includes the student’s date of birth; or

(e) An original or certified true copy of the student’s baptismal certificate which includes the student’s date of birth.

2002.7 A minor student must be accompanied at registration by a parent or guardian.

2002.8 The parent or guardian shall provide the following information for each registering minor student:

(a) Full name of the student;

(b) Full name, home address, and work address of each parent, guardian, or other person having custody or control of the minor student for the purpose of admission;

(c) The home and work telephone numbers of each parent, guardian, or other responsible adult or, in each case, the telephone number through which each person may be contacted at home and at work;

(d) The name and telephone number of a person or persons who should be contacted in case of an emergency;

(e) The name, address, and telephone number of the student’s physician, clinic, or other person or agency where the student’s medical records are located;

(f) The date of registration; and

(g) The manner or type of admission.

2002.9 An adult student shall not be required to provide information about the adult student’s parent or guardian, but shall provide the appropriate items of information about himself or herself.

2002.10 The principal or other person responsible for admission or enrollment may require the following:

(a) The principal or other person responsible for admission and enrollment procedures shall require the submission of at least three (3) documents indicating District of Columbia residency as defined in § 2099, in order to determine whether the student is eligible to attend a D.C. public school or program without payment of non-resident tuition, pursuant to the provisions of §§ 2000.2 and 2000.3.

(b) The principal or other person responsible for admission and enrollment procedures has the discretion, upon demand, the parent, court appointed guarding or custodian to provide verification of District of Columbia residency for both current and initially enrolling children/adult students.

(c) The documents that shall be accepted for verification of residency for current D.C. Public School students shall be the same indicators of residency required to be submitted for a child/adult initially seeking admission to a D.C. public school.

(d) The parent, court-appointed guardian or custodian shall have ten (10) school days to provide the indicators of residency requested. If the required information is not provided in the requested time period, which can be extended at the discretion of the Superintendent or the Superintendent’s designee, arrangements must be made to enroll as a non-resident student and pay all non resident tuition, as set forth in § 2007.

(e) Failure to provide the requested information or pay the required tuition will result in exclusion from D.C. Public Schools, subject to tuition waiver authority provided in § 2000.2(e) above.

2002.11 [REPEALED].

2002.12 Any person who supplies false information to the D.C. Public Schools in connection with student residency verification shall be subject to a penalty not to exceed five hundred dollars ($500). The case of any such person may also be referred to the Office of the United States Attorney for the District of Columbia for consideration for prosecution.

2002.13 The documents that shall be accepted for verification of residency for current D.C. Public School students shall be the same indicators of residency required to be submitted for a child/adult initially seeking admission to a D.C. public school.

2002.14 The parent, court-appointed guardian or custodian shall have ten (10) school days to provide the indicators of residency requested. If the required information is not provided in the requested time period, which can be extended at the discretion of the Superintendent or the Superintendent’s designee, arrangements shall be made to enroll as a non-resident student and pay all non-resident tuition, as set forth in § 2007.

2002.15 [REPEALED].

2002.16 [REPEALED].

2002.17 Any person who supplies false information to the D.C. Public Schools in connection with student residency verification shall be subject to a penalty not to exceed five hundred dollars ($500). The case of any such person may also be referred to the Office of the United States Attorney for the District of Columbia for consideration for prosecution.

2002.18 The principal or other person responsible for admission and registration procedures shall keep a record of the removal of any student from the rolls of the school or program and any subsequent readmission of the student.

2002.19 All records and information received and maintained pursuant to this section shall be subject to the requirements and restrictions set forth in Chapter 26.

2002.20 Except as provided otherwise in this section, the entrance-level placement of each student shall be individually determined by the principal or other person in charge of the school or program.

2002.21 Entrance-level placements for handicapped students shall be determined by referral of the student for assessment and evaluation pursuant to the provisions of Chapter 30.

2002.22 Bilingual and non-English speaking students shall be referred for placement determination to the Office of Bilingual Education, and the appropriate placement determination shall be transmitted to the principal or other person in charge of the school or program.

2002.23 Entrance-level placement determinations may be challenged under the rules and procedures set forth in Chapter 24, except for challenges to proposed placements for handicapped students which shall be made pursuant to the rules and procedures set forth in Chapter 30.

2002.24 A local school administrator shall not exclude from admission or attendance any compulsory school-aged minor who resides in his or her school’s attendance zone or who has been placed in his or her school by the Division of Special Education or the Division of Bilingual Education, unless the minor has been involuntarily transferred. This includes, but is not limited to, the following:

(a) All minors who will be five (5) years of age on or before December 31st in the current school year and have not yet reached the age of eighteen (18) years;

(b) Teen-aged parents who have responsibility for the care of their children;

(d) Minors awaiting special education evaluation for appropriate placement; and

(e) Compulsory school-aged minors residing temporarily in a shelter, halfway house or similar facility or having no fixed address. The minor may elect to continue enrollment in the local school serving his or her last permanent domicile.

2002.25 Administrators shall place the eligible students in appropriate educational programs compatible with their last grade completed pending evaluative studies or alternative placement when necessary.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1008 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 182 (January 6, 1989); as amended by Final Rulemaking published at 40 DCR 1573 (February 26, 1993); as amended by Final Rulemaking published at 45 DCR 2329, 2330 (April 17, 1998); as amended by Final Rulemaking published at 49 DCR 7513, 7516 (August 2, 2002); as amended by the Truth in Student Residency in Public and Private Charter Schools Act of 2004, effective December 7, 2004 (51 DCR 8509 (September 3, 2004)); as amended by Final Rulemaking published at 64 DCR 3146 (March 31, 2017). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2002

5-E DCMR § 2004 ELIGIBILITY FOR ADMISSION

2004.1 A student who is at least three (3) years of age is eligible for admission to the pre-school program, when pre-school programs are available in the D.C. Public Schools.

2004.2 A student who is or will become four (4) years of age on or before December 31st of the 2006-2007 or 2007-2008 school year and September 30th in all subsequent school years shall be eligible for the pre-kindergarten program. A student who is or will become four (4) years of age between September 30 and December 31 during the 2006-2007 or 2007-2008 school year will have a choice between the old cut-off date of December 31 or the new cut-off date of September 30.

2004.3 A student who is or will become five (5) years of age on or before December 31st of the 2006-2007 school year and September 30th in all subsequent school years shall be eligible for admission to the kindergarten program.

2004.4 Where appropriate pre-school, pre-kindergarten, or kindergarten programs are not available in the attendance zone within which a student resides, the student shall be eligible for out-of-zone admission to a school where the program the student wishes to attend is available, if any, and may apply for admission through the appropriate regional office. No lower priority for admission shall be applied to students who seek admission out-of-zone pursuant to this subsection.

2004.5 A student who is or will become six (6) years of age on or before December 31st of the 2006-2007 and 2007-2008 school years and September 30th in all subsequent school years shall be eligible for admission to the first (1st) grade.

2004.6 Admission to the secondary program shall be based upon the promotion requirements set forth in Chapter 21.

2004.7 Admission to special programs or city-wide schools and programs shall be based upon eligibility criteria established by the Superintendent, unless otherwise set forth in this chapter.

2004.8 The establishment of eligibility criteria for certain programs and age groups shall not necessarily require the D.C. Public Schools to offer any program or serve any age group, except where specifically required by law or this title. The scope of school programs is subject to the availability of adequate resources and the funding determinations of the Board of Education.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1014 (July 29, 1977); as amended by Final Rulemaking published at 53 DCR 8460 (October 20, 2006). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2004

5-E DCMR § 2005 ELIGIBILITY FOR CAREER EDUCATION, ADULT EDUCATION, AND SUMMER SCHOOL

2005.1 A student who is otherwise eligible for admission under the provisions of this chapter and who meets one (1) of the following criteria shall be eligible for admission to the career development centers and career development programs of the D.C. Public Schools:

(a) A student who has satisfactorily completed the ninth (9th) grade of the regular instructional program or the equivalent; or

(b) A student who is or will become fourteen (14) years of age on or before December 31st of the current school year and who exhibits aptitude for the career development program.

2005.2 A student eligible under § 2005.1(b) shall have the recommendation of the following:

(a) The principal or other person in charge of the school or program that the student is attending;

(b) The recommendation of the principal or other person in charge of the career development center or program to which the student seeks admission; and

2005.3 A person who is sixteen (16) years of age or older is eligible for admission to the adult education programs of the D.C. Public Schools.

2005.4 A student who is at least fourteen (14) years of age, but less than sixteen (16) years of age, who has satisfactorily completed the eighth (8th) grade or its equivalent in the regular instructional program, and who is lawfully and regularly employed during regular school hours, shall be eligible for admission to the adult education programs of the D.C. Public Schools.

2005.5 A student in adult education programs who wishes to attend day classes in the regular instructional program must receive the written permission of the principal or other person in charge of the regular school or program.

2005.6 A student may apply for admission to the summer school program for the purpose of meeting course requirements for graduation or promotion, re-taking a failed course, or taking advance or enrichment courses.

2005.7 Admission to the summer school program shall be based upon the written approval of the principal or other person in charge of the school or program last attended by the student.

2005.8 Three (3) or more unexcused absences shall be grounds for loss of eligibility to attend summer school.

2005.9 The D.C Public Schools shall charge to District residents in accordance with the following fee schedule for select adult, community, and continuing education courses in school year 1997-1998:

ADULT EDUCATION AND POST-SECONDARY COURSES AND FEES FOR FY 97-98

COURSE TITLE

OF WEEKS

HRS/WEEK

MATERIALS COST (Does not include book)

FEE

Adult Basic Education (gr. 2-4)

FREE

Adult Basic Literacy (gr. 0-1)

FREE

COURSE TITLE

OF WEEKS

HRS/WEEK

MATERIALS COST (Does not include book)

FEE

Adult Pre-GED/Advanced Basic

Education (gr. 5-8)

FREE

Adult Secondary Education/Career

Focus (gr. 9-12)

FREE

Air Conditioning and Refrigeration

$200

$295

Apprenticeship-Brick Masonry (1-3)

7.5

$200

$572

Apprenticeship Carpentry (1-4)

7.5

$200

$572

Apprenticeship-Electrical Wiring (1-

7.5

$200

$572

Apprenticeship-Plumbing (1-4)

7.5

$200

$572

Apprenticeship-Sheet Metal (1-4)

7.5

$200

$572

Auto Body & Fender Technology

$200

$523

Auto Tune-up

$100

$99

Automobile Mechanics Technology

(1-3)

$200

$295

Blueprint Reading

4.5

$50

$147

Business Communication Skills

$30

$131

Child Care/Child Development

Associate

$40

$295

Citizenship Preparation

$25

$35

Civil Service Preparation

$30

$131

CME-Continued Medical Education

$15

$88

Court Applications

$40

$197

Computer Repair

$50

$295

Cosmetology (1/2, 3/4, 5/6)

$350

$523

Court Reporting

$40

$99

CPR Certification & Recertification

$15

Culinary Institute of America

$2,600

Dental Assisting (1-5)*

$93

$799

Desktop Publishing/Pagemaker

$40

$131

Electronic Technology/ Computer

Repair

$50

$523

EMT Recertification

$15

$117

Engineering/Stationary Stream

1st Class

$30

$295

Engineering/Stationary Stream

3rd Class

$30

$295

Engineering/Stationary Stream 6th Class (A-B)

$30

$295

Entrepreneurship

$40

$131

COURSE TITLE

OF WEEKS

HRS/WEEK

MATERIALS COST (Does not include

FEE

ESL Levels I-IV

$25

$197

External Diploma Program

$40

$221

Federal Income Tax Preparation

$30

Floriculture (1-2)

$70

$131

GED Preparation

$25

$197

Jewelry & Watch Repair

$25

$295

Keyboarding and Word Processing(1-2)

$40

$295

Nail Technology

$50

$131

Nursing Assistant

$500

$436

Piano

$10

$33

Practical Nursing (1-6)*

$117

$727

SAT Preparation

$10

$59

Secretarial Office Practices

$30

$131

Sewing/Tailoring

$30

$131

Shoe Repair

$100

$295

TOEFL Preparation Course

$25

$295

Unit Secretary-Medical Records

$80

$621

*Post-secondary programs (only for students with high school diploma or GED)

History

SOURCE: Final Rulemaking published at 44 DCR 7814 (December 26, 1997). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2005

5-E DCMR § 2006 ADMISSION OF NON-RESIDENT STUDENTS

2006.1 A non-resident student is defined as a student admitted or seeking admission to the D.C. Public Schools who does not meet any of the criteria for resident-free instruction set forth in § 2000.2.

2006.2 A non-resident student may be admitted to the D.C. Public Schools contingent upon the availability of space in the particular school or program to which admission is sought.

2006.3 Admission priority shall be given to students who qualify as residents of the District of Columbia under § 2000.2.

2006.4 The determination of whether sufficient space exists in a particular school or program to allow for the admission of a non-resident student shall be the responsibility of the Assistant Superintendent responsible for the school or program to which admission is sought.

2006.5 A non-resident student must meet all other general admission requirements and prerequisites for admission to the school or program to which the student seeks admission and must follow all regular registration procedures set forth in this chapter.

2006.6 The following categories of non-resident students shall be given special consideration and priority for available space in order to provide for continuity of instruction:

(a) A student who is enrolled in the highest grade or level of a school who becomes a non-resident student during the school year; and

(b) A student who would have re-enrolled in the highest grade or level of a school in September, but who has become a non-resident student prior to re-enrollment.

2006.7 A student who is in a special category, as set forth in § 2006.6, shall register and enroll as a non-resident student and must pay all non-resident tuition, as set forth in § 2007.

2006.8 In addition to the requirements of § 2006.7, a special category non-resident student must enroll in the school in which the student is enrolled at the time he or she is a non-resident.

2006.9 A student who is the child of a non-resident employee of the Board of Education may be permitted to enroll in the D.C. Public Schools and programs under the same conditions and regulations applicable to other non-resident students, including the payment of non-resident tuition as provided in § 2007.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1016 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 182 (January 6, 1989).

5-E DCMR § 2007 PAYMENT OF NON-RESIDENT TUITION

2007.1 Prior to the admission of a non-resident student, the principal or other person in charge of the school or program to which the non-resident student is admitted shall require written proof of payment of non-resident tuition, pursuant to the rules and procedures set forth in this section.

2007.2 Except as provided in § 2007.3, an adult student or minor student’s parent or guardian must make payment of tuition for each semester or term at the established rate for the program to which the student is admitted in one lump sum prior to admission.

2007.3 Extended payment contracts may be entered into between the D.C. Public Schools and the adult student, or the minor student’s parent or guardian, upon a showing of evidence by the applicant that the following circumstances of need exist:

(a) A comparable educational program is not currently being offered by the public schools in the city or school district where the student is a resident; and

(b) Severe, temporary financial problems currently prevent the adult student, or student’s parent or guardian, from making the complete payment of tuition as required by § 2007.2.

2007.4 An extended payment contract, as provided under § 2007.3, shall become null and void upon failure by the responsible adult(s) to fulfill the payment installment provisions of the contract. When payment installment provisions are not met, payment of the entire amount required by § 2007.2 shall be required prior to the continued attendance of the non-resident student.

2007.5 Tuition rates shall be reviewed annually and fixed by the Board of Education upon the recommendation of the Superintendent of Schools in the manner as is required by the Code of Laws of the District of Columbia. Upon final approval of the tuition rates, the rate schedule shall be published in the D.C. Register.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1018 (July 29, 1977).

5-E DCMR § 2008 COMPUTATION OF NONRESIDENT TUITION RATES

2008.1 Tuition rates for nonresidents, as defined in this Title, who attend D.C. Public Schools and programs shall be computed annually and established by the Board of Education upon the recommendation of the Superintendent of Schools. The rates shall remain in effect until revised by action of the Board.

2008.2 Annual schedules of nonresident tuition rates shall be as follows:

(a) Submitted by the Superintendent for publication in the D.C. Register as proposed rates on the same date as the rates are submitted to the Board of Education for adoption; and

(b) Adopted by the Board of Education prior to the opening of the school year during which the rates shall be in effect; provided, that they have been published in the D.C. Register at least thirty (30) days in advance of final action.

2008.3 Methods, procedures and costs used in computing tuition rates for non-residents shall be governed by the provisions set forth in the D.C. Code and this section.

2008.4 Annual rates for separate school levels and specialized programs shall be computed on the basis of the following formula:

(a) Cost inclusions, authorized by this section, shall be used to determine the total operational expenditures for the school level or program;

(b) Authorized cost inclusions shall be compiled from actual expenditures made during the preceding fiscal year commencing on October 1st and extending through September 30th of the fiscal year in which the rates become effective;

(c) Total authorized costs for tuition rate computation shall be divided by the actual student enrollments as of mid-October of the prior school year to identify the per student expenditure; and

(d) The per student expenditure shall become the annual tuition rate.

2008.5 Term and daily rates shall be developed as follows:

(a) Term rates shall be determined by dividing the number of terms into the annual tuition rate; and

(b) Daily rates shall be determined by dividing the total number of school days or nights, approved by the Board of Education as part of the annual school calendar, into the annual tuition rate.

2008.6 Annual, term, and daily rates shall be rounded-off in accordance with the following schedule:

(a) Rates between $ 0 and $49.99 shall be rounded-off to the nearest one-quarter dollar;

(b) Rates between $50.00 and $99.99 shall be rounded-off to the nearest one-half dollar; and

2008.7 Expenditures included in computing tuition rates shall be classified and defined as follows:

(a) Direct Costs: costs that directly support a school level of instruction, or program; and

(b) Indirect Costs: costs that provide the following:

(1) Regular instructional support;

(2) Central and regional administrative services; and

(3) Special educational support services.

2008.8 The following direct and indirect expenditures shall be used in computing tuition rates:

(a) Compensation for teachers, administrators, instructional support and clerical staffs, including life and health insurance, retirement and other fringe benefits;

(b) Cost of textbooks, instructional equipment, materials and services, and school supplies;

(d) Building improvements and repairs funded by capital improvements budgets; and

(e) Other expenses indirectly incurred for instruction of students in D.C. Public Schools and programs.

2008.9 Expenses which are derived from or reimbursed by Federal and private grant funds shall not be used in computing tuition rates.

2008.10 Actual student enrollment data used in computing tuition rates shall include the following:

(a) Enrollment reports for regular day schools compiled in October; and

(b) Enrollment reports for special day, evening and summer schools and programs compiled and certified correct by the responsible officer and including appropriate explanation of the methods and procedures used in compiling the enrollment statistics.

2008.11 Tuition charges for part-time instructional services provided by the itinerant vision program at certain local schools shall be in addition to the tuition charges prescribed for the grade level of regular instruction in which the nonresident tuition student is enrolled on a full-time basis.

2008.12 Tuition rates for educational services provided by visiting instruction services shall be computed for the period of enrollment on the basis of the daily rate established for the grade level of instruction received.

History

AUTHORITY: Section 3 of the District of Columbia Non-Resident Tuition Act, P.L. 86-725, 74 Stat. 853; as amended by § 2((c) of the Educational Policy Amendments Act of 1980, D.C. Law 3-82, 1979-80 D.C. Stat. 356, codified at D.C. Code § 38-301 (2001) and the State Education Office Establishment Act of 2000, effective October 21, 2000, D.C. Law 13-176; D.C. Official Code § 38-2601 (2001).
SOURCE: Final Rulemaking published at 28 DCR 2305 (May 22, 1981); as amended by: Final Rulemaking published at 29 DCR 1221, 1222 (March 19, 1982); Final Rulemaking published at 31 DCR 1501 (March 30, 1984); Final Rulemaking published at 31 DCR 4804 (September 28, 1984); Final Rulemaking published at 32 DCR 3664 (June 28, 1985); Final Rulemaking published32 DCR 6216 (November 1, 1985); Final Rulemaking published at 33 DCR 5633 (September 12, 1986); Final Rulemaking published at 34 DCR 6141 (September 25, 1987); Final Rulemaking published at 35 DCR 7185 (September 30, 1988); Final Rulemaking published at 36 DCR 2161 (March 24, 1989); Final Rulemaking published at 36 DCR 4599 (June 30, 1989); 37 DCR 2759 (May 4, 1990); Final Rulemaking published at 37 DCR 6806 (October 26, 1990); Final Rulemaking published at 39 DCR 2059 (March 27, 1992); Final Rulemaking published at 40 DCR 1964 (March 19, 1993); Final Rulemaking published at 40 DCR 7644 (November 5, 1993); Final Rulemaking published at 41 DCR 4932 (July 22, 1994); Final Rulemaking published at 42 DCR 5538 (October 6, 1995); Final Rulemaking published at 43 DCR 4595 (August 23, 1996); Final Rulemaking published at 44 DCR 5832 (October 10, 1997); and Final Rulemaking published at 49 DCR 9679 (November 22,2002); Final Rulemaking published at 50 DCR 9067 (October 24, 2003); Final Rulemaking published at 51 DCR 7301 (July 23, 2004); Final Rulemaking published at 52 DCR 7821 (August 12, 2005); Final Rulemaking published at 53 DCR 7234 (September 1, 2006); and Final Rulemaking published at 54 DCR 6066 (June 22, 2007).

5-E DCMR § 2009 REVIEW OF CONTESTED RESIDENCY CASES

2009.1 The review of all contested residency cases, the promulgation of procedures for enforcement of residency requirements, and the enforcement of residency and tuition payment requirements shall be the responsibility of a Tuition Enforcement Office designated by the Superintendent of Schools.

2009.2 In any case where a student has been denied admission on the grounds that the student is not a resident of the District of Columbia for the purposes of tuition-free instruction pursuant to the provisions of § 2000, the adult student or minor student’s parent or guardian shall be given written notice of the denial and notice of the procedures for review of the claim of residency as provided in this section.

2009.3 Requests for review of contested residency cases must be filed in the required time period, within 10 (ten) school days of the issuance of the decision, by an adult student, or minor student’s parent, guardian or other responsible adult with the Superintendent or the Superintendent’s designee. If a request for review is not filled within a timely manner, then the decision by the Superintendent or the Superintendent’s designee is the final administrative decision of the D.C. Public Schools.

2009.4 Upon receipt of a request for review of a contested residency case, the Superintendent or the Superintendent’s designee shall notify the claimant of all rights and procedures applicable to the conduct of the review.

2009.5 In all contested residency cases, the Superintendent or the Superintendent’s designee shall first attempt to settle claims through fact finding, interviews, and discussion with the parties.

2009.6 The review of the contested residency shall be performed by the Superintendent or the Superintendent's designee. If, after the review of the contested residency case, it is determined that the claimant failed to provide the required proof of District of Columbia residency, the decision of the Superintendent or the Superintendent's designee shall be the final administrative decision of D.C. Public Schools.

2009.7 In all contested residency cases, currently enrolled student shall be allowed to continue to attend school without prepayment of tuition pending the final administrative decision by the D.C. Public Schools.

2009.8 - 2009.16 [Deleted]

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1019 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 182 (January 6, 1989); and by Final Rulemaking published at 45 DCR 2329, 2332 (April 17, 1998).

5-E DCMR § 2010 ENROLLMENT OF HOMELESS STUDENTS

2010.1 Homelessness alone is not a sufficient reason to deny children enrollment in a District of Columbia Public School. Homeless children, as defined in 5-A DCMR § 5099, must be immediately enrolled in a District of Columbia Public School. The LEA shall make a school placement based on the "best interest" of the homeless child, youth or unaccompanied minor. In determining "best interest," unless otherwise requested by the parent, the LEA must:

(a) To the extent feasible, continue the child or youth's education in the student's school of origin -

(1) For the duration of homelessness if a family becomes homeless between academic years or during an academic year; or

(2) For the remainder of the academic year if the child or youth becomes permanently housed during the academic year; or

(b) Enroll the child or youth in any public school that non-homeless students who live in the attendance area in which the child or youth is actually living are eligible to attend.

(1) Continuity of instruction;

(2) Age of the child or youth;

(3) Safety of the child or youth;

(4) Length of stay in shelter;

(5) Likely area where family will find permanent housing;

(6) Student's need for special instructional programs;

(7) Impact of commute on education;

(8) Impact of transfer on the child's mental health;

(9) School placement of siblings;

(10) Time remaining in school year.

2010.2 If the LEA sends the child or youth to a school other than the school of origin or the school requested by the parent or guardian, the LEA must provide a written explanation to the parent or guardian, including the right to appeal under the enrollment dispute provision.

2010.3 In the case of an unaccompanied youth, the LEA homeless liaison must assist the youth in placement/enrollment decisions, consider the youth's wishes, and provide notice to the youth of the right to appeal under the enrollment dispute provisions.

2010.4 The school selected shall immediately enroll the homeless child or youth in school, even if the child or youth lacks records normally required for enrollment, such as previous academic records, medical records, birth certificate, proof of residency or other documentation.

2010.5 Nothing in this section shall be interpreted to supersede admission criteria established for schools or programs that have specific admissions requirements and selection criteria that have been approved by the Board of Education Subsection 2010.4 shall apply to all schools under the control and supervision of the Board of Education.

2010.6 Dispute Resolution. If a dispute arises between a school and parents or guardian or an unaccompanied youth, over school selection or enrollment, the LEA must immediately enroll the child or youth in the school in which the parent, guardian or unaccompanied youth seeks enrollment, pending the final resolution of the dispute including any appeals to the State Complaint Office.

(a) The child, youth, parent or guardian shall be provided with a written explanation of the school's decision regarding school selection or enrollment, including the rights of the parent, guardian, or youth to appeal the decision.

(b) The LEA must refer the child, youth, parent or guardian to the LEA Liaison, who must complete the dispute resolution process set forth in the State Plan as expeditiously as possible. In no case shall this process exceed 15 (fifteen) days from the receipt of a notice of appeal.

(c) If the dispute is not resolved by the LEA Liaison in the required timeframe, or the child, youth, parent or guardian is dissatisfied with the resolution, the child, youth, parent, or guardian may file a complaint with the State Complaint Office. The State Complaint Office must reach a final decision as expeditiously as possible. In no case shall this process exceed 15 (fifteen) days from the complaint filing date.

History

SOURCE: Final Rulemaking published at 53 DCR 4130 (May 19, 2006). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2010

5-E DCMR § 2099 [REPEALED]

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1065 (July 29, 1977); as amended by Final Rulemaking published at 33 DCR 5776 (September 19, 1987); and by Final Rulemaking published at 40 DCR 1573, 1574 (February 26, 1993); as amended by Final Rulemaking published at 47 DCR 989, 990 (February 18, 2000); as amended by Final Rulemaking published at 53 DCR 4130 (May 19, 2006); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by Final Rulemaking published at 69 DCR 001540 (February 25, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2099

5-E21 ATTENDANCE AND TRANSFERS

5-E DCMR § 2100 ATTENDANCE

2100.1 [Repealed]

2100.2 Where the compulsory attendance laws of the District of Columbia requires educational institutions, not affiliated with the D.C. Public Schools, to provide educational services acceptable to the D.C. Board of Education, the Superintendent of Schools shall require the institutions to present evidence satisfactory to the Superintendent that the following aspects of their instruction are acceptable to the Board:

(a) Amount of instruction: the number of hours per day, days per week, and weeks per year, although the instruction need not be given at the same time during the day, week, or year as the equivalent D.C. Public School program;

(b) Character of instruction: acceptable subject matter and time devoted to the subjects;

(c) Qualifications of staff: training and educational requirements for teaching and supervisory staff must be acceptable to the Board, although a District of Columbia teaching certificate is not required; and

(d) Other conditions: general consideration shall be given to factors such as class size, facilities, counseling services, and attendance record-keeping.

2100.3 Any educational institution, not affiliated with the D.C. Public Schools, which submits a copy of one of the following documents shall be considered to have presented evidence satisfactory to the Superintendent that its instruction is acceptable to the D.C. Board of Education, as required under § 2100.2:

(a) During school years 1991-1992 and 1992-1993, a current license from the Mayor, issued by the D.C. Department of Consumer and Regulatory Affairs, authorizing the institution’s operation as a child development facility;

(b) Proof that the institution is currently accredited by, or undergoing the accreditation process from, one of the following organizations:

(1) The Middle States Association of Colleges and Schools;

(2) The Association of Independent Maryland Schools;

(3) The Southern Association of Colleges and Schools;

(4) The Virginia Association of Independent Schools;

(5) The American Montessori Internationale;

(6) The American Montessori Society;

(7) The National Academy of Early Childhood Programs; or

(8) Any other accrediting body approved by the Board.

2100.4 Credits awarded by, and diplomas or certificates of graduation issued by, educational institutions, not affiliated with the D.C. Public Schools, through instruction which has been considered acceptable to the D.C. Board of Education, pursuant to §§ 2100.2 and 2100.3, shall also be considered acceptable to the Board for purposes of the compulsory school attendance law of the District of Columbia.

2100.5 [Repealed]

2100.6 The approval of an educational institution, not affiliated with the D.C. Public Schools, for attendance purposes shall be contingent upon the maintenance and submission of attendance records to the D.C. Board of Education by the institution, as required by the laws of the District of Columbia and Board rules and policies.

2100.7 [Repealed]

2100.8 [Repealed]

2100.9 [Repealed]

2100.10 [Repealed]

History

AUTHORITY: Unless otherwise noted, the authority for this § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 24 DCR 1005, 1021 (July 29, 1977); as amended by Final Rulemaking published at 39 DCR 2060 (March 27, 1992); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009).

5-E DCMR § 2101 ABSENCES

2101.1 Each student enrolled in the D.C. Public Schools shall be expected to attend regularly the school in which the student is enrolled.

2101.2 Where the laws of the District of Columbia provide that a student may be excused from regular attendance at school if the student is actually, lawfully, and regularly employed, the Superintendent of Schools shall require that evidence of employment be furnished to the D.C. Public Schools in writing by the employer.

2101.3 [Repealed]

2101.4 A written statement from the student’s parent or guardian verifying the reason for the absence shall be provided upon the student’s return to school.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1022 (July 29, 1977); as amended by Final Rulemaking published at 40 DCR 1573, 1574 (February 26, 1993); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009).

5-E DCMR § 2102 CLOSED CAMPUSES

2102.1 All students enrolled in an elementary, middle or junior high school shall be restricted to school grounds between the hours of 9 a.m. and 3:00 p.m. on days on which school is in session unless written parental request is made in advance for a student to leave school for one of the reasons set forth in § 2101.3.

2102.2 Principals of senior high schools, in consultation with staff and the larger school community, as appropriate, may determine whether they will have a closed campus.

2102.3 The Superintendent, at his or her discretion, may direct the closing of the campus at any senior high school.

2102.4 If the decision is made to have a closed campus (pursuant to §§ 2102.2 or 2102.3), all students enrolled in that school shall be restricted to school grounds between the hours of 9 a.m. and 3 p.m., or, during the hours required by their instructional program (whichever is longer) on days on which school is in session, unless a written parental request is made in advance for a student to leave school for one of the reasons set forth in § 2101.3.

History

SOURCE: Final Rulemaking published at 32 DCR 3668 (June 28, 1985); as amended by Final Rulemaking published at 39 DCR 1218 (February 28, 1992).

5-E DCMR § 2103 [REPEALED]

History

SOURCE: Final Rulemaking published at 40 DCR 1573, 1574 (February 26, 1993); as amended by Final Rulemaking published at 53 DCR 8462 (October 20, 2006); as amended by Final Rulemaking published at 56 DCR 8978 (November 20, 2009); as amended by Final Rulemaking published at 65 DCR 9613 (September 14, 2018). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2103

5-E DCMR § 2104 [RESERVED]

5-E DCMR § 2105 TRANSFERS DUE TO CHANGE OF ADDRESS

2105.1 Except as provided otherwise in this chapter, a student shall be required to attend the school for which the student is eligible which serves the attendance zone established for his or her place of residence, as defined in § 2199.

2105.2 A student whose place of residence within the District of Columbia changes from one attendance zone to a different attendance zone shall be transferred to the school serving the attendance zone where the student’s new place of residence is located. This requirement is subject to the exceptions set forth in §§ 2105.5 and 2105.7.

2105.3 Transfers due to change of address shall be effected by the principal of the school from which the student is being transferred.

2105.4 Prior to effecting a transfer due to change of address, the principal shall do the following:

(a) Verify the validity of the change of address;

(b) Identify the proper school serving the attendance zone where the student’s new place of residence is located; and

(c) Notify the student’s parents or guardian, or the adult student, in writing of the proposed transfer, including the following information:

(1) The name and location of the school to which the student will be transferred;

(2) The effective date of the transfer;

(3) The exceptions to the transfer requirement provided by §§ 2105.5 and 2105.7, and the procedures for making application for an exception; and

(4) The right to appeal the transfer and the procedures for bringing an appeal.

2105.5 To provide for continuity of instruction, especially in the case of high school seniors scheduled to graduate the following June, the principal may authorize the continued attendance of the student at the school currently being attended for the remainder of the term or school year.

2105.6 Requests for permission to continue in attendance at a school out-of-zone must be made to the principal by the student’s parent or guardian, or by the adult student, prior to the effective date of the transfer.

2105.7 The provisions of § 2106 may be applied to a student whose change of place of residence would require a transfer under this section. A student who meets the requirements of § 2106 for out-of-zone attendance may be allowed to remain at the school currently being attended notwithstanding his or her change of address.

2105.8 An adult student, or a minor student’s parent or guardian, may appeal a transfer due to change of address on either of the following grounds:

(a) The student’s actual and lawful place of residence, as defined in Chapter 2199, is within the attendance zone for the school currently being attended; or

(b) The denial of a request to remain at the school currently being attended pursuant to §§ 2105.5 or 2105.7 was arbitrary or in violation of the rules of the Board of Education.

2105.9 Appeals of transfers shall be brought using the rules and procedures set forth in§ 2504.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1031 (July 29, 1977).

5-E DCMR § 2106 [REPEALED]

History

SOURCE: Final Rulemaking published at 43 DCR 5777 (October 25, 1996); as amended by Final Rulemaking published at 50 DCR 1850 (February 28, 2003); as amended by Final Rulemaking published at 53 DCR 1542 (March 3, 2006); as amended by Final Rulemaking published at 53 DCR 9195 (November 10, 2006); as amended by Emergency and Proposed Rulemaking published at 57 DCR 146 (January 1, 2010)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 60 (January 6, 2012); as amended by Final Rulemaking published at 61 DCR 3831 (April 11, 2014); as amended by Final Rulemaking published at 69 DCR 001540 (February 25, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2106

5-E DCMR § 2107 INVOLUNTARY TRANSFERS

2107.1 A student shall not be involuntarily transferred without receiving notice of the reasons for the transfer and an opportunity for a hearing prior to the proposed transfer pursuant to the hearing provisions of Chapter 25, except as provided in this section.

2107.2 The provisions for a hearing in § 2107.1 shall not be applicable to a transfer due to any of the following reasons:

(a) Change of address;

(b) Failure to enroll and attend (after having been accepted) a career education program or other city-wide program or school;

(d) The failure of a student to maintain eligibility for a special or city-wide program.

2107.3 A student who is transferred due to special education placement shall be provided an opportunity to request a hearing on the proposed placement, as provided in Chapter 30; however, since the issue of involuntary transfer may be included in the placement hearing, no separate hearing on the transfer is required.

2107.4 A student who has been granted a discretionary transfer, pursuant to the provisions of § 2106, shall not be involuntarily returned to the school from which the transfer was made during the effective period of the transfer without a hearing as provided in this section.

2107.5 It shall be the responsibility of the principal or other school official recommending a proposed involuntary transfer to notify the student, parent, or guardian, and principal of the school to which the proposed transfer will be made. The principal or school official shall include notice of hearing rights and procedures in the notice of proposed transfer.

2107.6 All involuntary transfers shall be approved by the Assistant Superintendent whose jurisdiction encompasses the school recommending the transfer.

2107.7 The Assistant Superintendent shall also be responsible for assuring that the right to a hearing is protected and that proper notice of the proposed transfer and hearing rights and procedures have been given.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1034 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 183 (January 6, 1989).

5-E DCMR § 2108 IMMEDIATE INVOLUNTARY TRANSFERS

2108.1 Whenever a student is charged with or accused of a criminal offense, either as a juvenile or an adult, the Superintendent or designee, based upon a review of the allegations associated with the arrest or accusation, shall have the authority to effect an immediate involuntary transfer without meeting the requirements of §§ 2107 and 2509 of this title if the Superintendent or designee, based upon a preponderance of the evidence, is of the opinion that the peace, health, safety or welfare of the students or staff of the D.C. Public Schools may be disturbed by maintaining the student in his or her prior placement.

2108.2 The adult student, or minor student’s parent or guardian, may subsequently request a hearing to review the involuntary transfer pursuant to §§ 2504.11, 2504.12, and 2504.13, of this title. A final administrative decision shall be rendered thereafter pursuant to §§ 2505 and 2506 of this title.

2108.3 Notwithstanding the provisions of §§ 2108.1 and 2108.2, if a student is subsequently found to have engaged in conduct prohibited under §§ 2501 or 2502 of this title, the student may subsequently be excluded, suspended, or transferred pursuant to these rules.

2108.4 Notwithstanding the provisions of §§ 2108.1 and 2108.2, if a student is subsequently found to be not guilty of, or not involved in, the accusation or offense, the student shall, upon written request, be transferred back to the student’s former placement, unless, in the discretion of the Superintendent or designee, there is a compelling reason why the student should not be returned to the former placement.

History

SOURCE: Final Rulemaking published at 33 DCR 5652 (September 12, 1986).

5-E DCMR § 2109 HIGH SCHOOL SELECTION TRANSFERS

2109.1 A student shall be granted the opportunity for transfer, pursuant to this section, to high schools with special programs having specific entrance requirements, specialized curricula, and specific student performance requirements; provided, however, that a transfer under this section shall be granted only to the extent it is possible to do so without overcrowding schools, displacing other students, or disrupting the educational process.

2109.2 A transfer granted pursuant to this section shall become effective at the beginning of a school year in September, and shall remain in effect during the entire period the student remains at the school; provided, however, that a student who enrolls in the public high schools of the District of Columbia after the beginning of the school year may be granted a transfer under this section at the time of his or her application.

2109.3 A student who has enrolled in school pursuant to a transfer received under this section shall continue attendance at the high school of his or her choice for the remainder of the school year, unless the student applies and is eligible for a transfer under allowances set forth in §§ 2105 and 2106 of this chapter.

2109.4 A student who lives within a school’s attendance zone shall be given priority over a student seeking to transfer into the school.

2109.5 A student who qualifies for a transfer to programs at designated high schools that are prime partners with career centers shall be given priority over other students seeking to transfer to the school pursuant to this section.

2109.6 In the event the number of students to transfer into a school under this section exceeds the available space, transfers shall be determined by an impartial random selection process established by the Superintendent of Schools.

History

SOURCE: Final Rulemaking published at 32 DCR 6888 (November 29, 1985).

5-E DCMR § 2199 [REPEALED]

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1065 (July 29, 1977); as amended by Final Rulemaking published at 33 DCR 5776 (September 19, 1987); and by Final Rulemaking published at 40 DCR 1573, 1574 (February 26, 1993); as amended by Final Rulemaking published at 47 DCR 989, 990 (February 18, 2000); as amended by Final Rulemaking published at 50 DCR 1850 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 001540 (February 25, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2199

5-E22 GRADES, PROMOTION, AND GRADUATION

5-E DCMR § 2200 [REPEALED]

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1023 (July 29, 1977); as amended by Final Rulemaking published at 54 DCR 4382 (May 11, 2007); as amended by the Focused Student Achievement Amendment Act of 2013, effective February 22, 2014 (D.C. Law 20-84; 61 DCR 178 (January 10, 2014)); as amended by Final Rulemaking published at 65 DCR 9613 (September 14, 2018). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2200

5-E DCMR § 2201 PROMOTION

2201.1 Promotion shall be defined as the movement of students to higher grade levels or/course levels and to graduation from high school in accordance with DC School Board Policy.

2201.2 Promotions shall be made at the end of the school year. Special promotions may be made at any time with the documented assessment conducted and certified by the Chief Academic Officer and the written approval of the Regional Superintendent whose jurisdiction encompasses the school that the student attends.

2201.3 Students with disabilities, identified through the Individuals with Disabilities in Education Act (IDEA) 2004, are eligible for promotion as determined in accordance with the goals and objectives, accommodations and modifications as it relates to the content standards developed and agreed upon by the IEP Team. For English Language Learners, any decision on retention must be made in conjunction with the bilingual/ English Second Learner (ESL) teacher.

2201.4 A student may be retained in any grade, with the following requirements:

(a) A student cannot be retained more than once during his enrollment in the District of Columbia Public Schools unless there is a comprehensive review by multiple school personnel and approval from the Regional Superintendent whose jurisdiction encompasses the school the student attends; and

(b) If a student does not meet all requirements for promotion, but moves on to middle or high school because s/he has been previously retained, the principal must submit a report to the receiving school detailing all unmet requirements. This report must be received by June 30 and updated at the close of summer school. For students who move prior to the end of the school year, the report must be provided to the receiving school within thirty (30) calendar days of the student's enrollment in the school. Students in this situation will be enrolled in support services in the receiving school.

2201.5 [REPEALED]

2201.6 Promotion of students in pre-kindergarten through eighth (8th) grade to the next level shall include consideration of the following criteria. Students shall receive:

(a) Proficient or advanced marks in the core subjects of:

(1) Reading/language arts;

(2) Mathematics;

(3) Science; and

(4) Social studies.

(b) Achievement of the goals of the intervention learning plan where applicable;

(d) If a student in pre-kindergarten or kindergarten has met the proficiency requirements in the core subject areas but is not functioning at a skill level deemed ready for promotion to kindergarten or first grade by a teacher or a parent in the areas of physical, social or emotional development, an option of repeating a pre-kindergarten or kindergarten may be considered without being regarded as a retention.

2201.7 [REPEALED]

2201.8 Students may complete the high school graduation requirements over a three, four, or five year period, depending upon the time and support they need to complete graduation requirements as stated in their individualized graduation plan signed and verified by the counselor. The following guidelines shall apply for testing purposes where a grade definition is required:

(a) Any student who earns six (6) Carnegie Units by completing content standards of the required courses including units in ninth (9th) grade English and Algebra I, shall be eligible to be classified as a tenth (10th) grade student.

(b) Any student who earns twelve (12) Carnegie Units by completing content standards of the required courses including tenth (10th) grade English, shall be eligible to be classified as an eleventh (11th) grade student.

(c) Any student who earns eighteen (18) Carnegie Units by completing content standards of the required courses including eleventh (11th) grade English, shall be eligible to be classified as a twelfth (12th) grade student.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1024 (July 29, 1977); as amended by Final Rulemaking published at 27 DCR 4186 (September 26, 1980); as amended by Final Rulemaking published at 31 DCR 5867 (November 23, 1984); as amended by Final Rulemaking published at 36 DCR 180, 183 (January 6, 1989); as amended by Final Rulemaking published at 39 DCR 5564 (July 24, 1992); as amended by Final Rulemaking published at 45 DCR 5222 (August 7,1998); as amended by Final Rulemaking published at 45 DCR 7715 (October 30, 1998); as amended by Final Rulemaking published at 54 DCR 4382 (May 11, 2007); as amended by the Focused Student Achievement Amendment Act of 2013, effective February 22, 2014 (D.C. Law 20-84; 61 DCR 178 (January 10, 2014)). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2201

5-E DCMR § 2202 GRADUATION: GENERAL POLICY

2202.1 Each student who meets the following requirements shall be eligible to receive a high school diploma:

(a) Achievement of course content standards as required for the diploma, as set forth in § 2203.1; 2203.2; 2203.3 and 2203.4; and

(b) Enrollment and regular attendance in the DC Public Schools for a minimum of eight (8) consecutive months prior to graduation.

2202.2 Each student who meets the requirements set forth in this section shall be certified as eligible to receive the high school diploma by the principal or other person in charge of the school or program in which the student is enrolled.

2202.3 The high school diploma shall be conferred upon the student by the Superintendent of Schools or the Superintendent's designee in the name of the Board of Education, upon certification.

2202.4 Each diploma shall bear the signature of the Superintendent of Schools and the seal of the Board of Education.

2202.5 No student shall receive a high school diploma unless the student has first completed all requirements for the diploma.

2202.6 If a student does not meet the requirements set forth in § 2202.1, 2203.2, 2203.3 or 2203.4, the procedures in § 2202.7 through § 2202.9 shall apply.

2202.7 If the prior academic record of a transfer student and the course work and skill level achievement of the student during enrollment in the D.C. Public Schools are satisfactory, the student may be granted an exemption from the requirement of § 2201.1(b) by the Regional Superintendent whose jurisdiction encompasses the school which the student attends, the principal or other person in charge of the school or program in which the student is enrolled.

2202.8 The course work credits received by the student prior to transfer into D.C. Public Schools may be used to meet the D.C. Public Schools graduation requirements of that school system upon verification of successful completion of this comparable course work.

2202.9 If the D.C. Public School student is receiving a diploma from another school system but is unable to attend graduation exercises held by the school system, the student may be allowed to participate in the graduation exercises of the D.C. Public School being attended upon the approval of the Superintendent of Schools.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1025 (July 29, 1977); as amended by Final Rulemaking published at 31 DCR 1979 (April 27, 1984); by Final Rulemaking published at 36 DCR 180, 184 (January 6, 1989); and by Final Rulemaking published at 45 DCR 5222, 5223 (August 7, 1998); and by Final Rulemaking published at 54 DCR 4388(May 11, 2007).

5-E DCMR § 2203 [REPEALED].

History

SOURCE: Final Rulemaking published at 24 DCR 1977 (July 29, 1977); as amended by Final Rulemaking published at 27 DCR 4187 (September 26, 1980); as amended by Final Rulemaking published at 28 DCR 4477 (October 16, 1981); as amended by Final Rulemaking published at 31 DCR 1979 (April 27, 1984); as amended by Final Rulemaking published at 31 DCR 4806 (September 28, 1984); as amended by Final Rulemaking published at 38 DCR 7200 (November 29, 1991); as amended by Final Rulemaking published 39 DCR 7291 (September 25, 1992); as amended by Final Rulemaking published at 43 DCR 2800 (May 24, 1996); as amended by Final Rulemaking published at 54 DCR 4389 (May 11, 2007); as amended by Final Rulemaking published at 56 DCR 6049 (July 31, 2009); as corrected by Errata Notice published at 57 DCR 9128 (October 1, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 4670 (May 27, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 8360 (September 30, 2011); as amended by Final Rulemaking published at 63 DCR 5221 (April 8, 2016). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2203

5-E DCMR § 2204 [REPEALED]

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1026 (July 29, 1977); as amended by Final Rulemaking published at 54 DCR 4392 (May 11, 2007); amended by Final Rulemaking published at 65 DCR 9613 (September 14, 2018). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2204

5-E DCMR § 2205 OFFICIAL LIST OF GRADUATES

2205.1 The Superintendent of Schools shall annually compile and present to the Board of Education at its June regular meeting, the names of all students who have been certified as eligible to receive the high school diploma by the appropriate principal or other person in charge of the school or program in which the student is enrolled.

2205.2 Upon official receipt of the list of students receiving diplomas, the Board of Education shall act to enter the names in the official journal of the Board of Education.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1027 (July 29, 1977); as amended by Final Rulemaking published at 54 DCR 4392 (May 11, 2007).

5-E DCMR § 2206 DIPLOMAS ANDGRADUATION EXERCISES

2206.1 The receipt of a high school diploma, a Certificate of Attainment or a Certificate of Individualized Education Program by an eligible student shall not be contingent upon the payment of any fee or other consideration, except the payment of non-resident tuition fees required by statute and the provisions of Chapter 20 of this title.

2206.2 Graduation exercises shall be held only to confer the high school diploma.

2206.3 Exercises held to formally award Certificates of Attainment and Certificates of Individualized Education Program shall be in accordance with procedures established in the Superintendent of Schools. Exercises held to formally acknowledge promotion, as defined in § 2201, shall not include the wearing of cap and gown, rental of facilities, or the assessment of any class fees.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1027 (July 29, 1977); as amended by Final Rulemaking published at 25 DCR 2960 (September 29, 1978); and by Final Rulemaking published at 31 DCR 1979 (April 27, 1984); and by Final Rulemaking published at 54 DCR 4392 (May 11, 2007).

5-E DCMR § 2207 CLASS FEES

2207.1 The assessment of a class fee to cover expenses in connection with graduation exercises shall be permitted subject to the requirements and restrictions set forth in this section.

2207.2 The maximum amount of the class fee shall be uniformly established by the Superintendent of Schools.

2207.3 The appropriate Assistant Superintendent shall be authorized to exempt a student from the payment of the class fee in instances of hardship.

2207.4 The expense of caps and gowns, yearbook subscriptions, proms, class gifts, and other activities that may be associated with graduation shall not be included in the class fee.

2207.5 Activities such as those listed in § 2207.4, if offered, shall be made available to students on an individual basis at the option of each student.

2207.6 The decisions whether to wear cap and gown, and whether to utilize rental facilities for graduation exercises, shall involve school staff, students, and parents or guardians.

2207.7 No student shall be required to wear a cap and gown in order to participate in graduation exercises.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1027 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 184 (January 6, 1989); and by Final Rulemaking published at 54 DCR 4392(May 11, 2007).

5-E DCMR § 2208 CLASS GIFTS

2208.1 The decision whether to present a class gift shall involve school staff, students, and parents or guardians.

2208.2 Class gifts to the school, if any, shall consist of or be paid for only by donations, including the creative work of students.

2208.3 Class gifts shall not be made to any individual(s).

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1027 (July 29, 1977); as amended by Final Rulemaking published at 54 DCR 4393 (May 11, 2007).

5-E23 CURRICULUM AND TESTING

5-E DCMR § 2300 COMPETENCY-BASED CURRICULUM

2300.1 The Superintendent of Schools shall be responsible for the development and implementation of a curriculum for the D.C. Public Schools that is designed to promote the attainment of the knowledge, competencies, and skills which will enable each student to function as a useful citizen.

2300.2 In developing and implementing a competency-based curriculum, the Superintendent of Schools shall be responsible for the establishment of instructional program priorities through a continuous process of assessment and evaluation of the educational needs of the students of the Public Schools.

2300.3 The competency-based program shall include the following critical elements:

(a) The use of clear, demonstrable, observable goals as the basis for organizing the instructional program;

(b) The use of these goals as the basis for the establishment of criteria for program advancement and graduation;

(c) The use of these goals and criteria as the basis for the development and implementation of valid and reliable performance indicators;

(d) The allowance of multiple opportunities for students to demonstrate their progress in meeting specific instructional goals, including constructive feedback and support to assist the student to meet the required goals;

(e) The provision of a system for recording and reporting student progress which is based on the goals, criteria, and indicators as set forth in this section; and

(f) The provision of a system of instruction consistent with the styles, rates, needs, and stages of individual student learning and performance.

2300.4 The process of needs assessment and evaluation shall be a continuing process and shall be included in the ongoing program of monitoring and evaluation of the competency-based program.

2300.5 The design for the competency based curriculum, and the instructional program implemented on the basis of that design, shall include the following components:

(a) Instruction that is responsive to student progress and evaluation;

(b) A reporting system based on progress in terms of goal mastery;

(d) Instructional materials, supplies, and equipment selection criteria;

(e) Models for implementation on a system-wide, regional, and local school basis;

(f) A plan for community involvement;

(g) Systems for budget and management planning, control, audit, monitoring, and evaluation; and

(h) A system of public accountability through the reporting of the goals, objectives, plans, procedures, and priorities of the instructional program, and the reporting of the results of ongoing assessment and evaluation of the instructional program.

History

SOURCE: Final Rulemaking published at 24 DCR 3533, 3538-39 (November 4, 1977). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2300

5-E DCMR § 2301 [RESERVED]

5-E DCMR § 2302 [RESERVED]

5-E DCMR § 2303 [RESERVED]

5-E DCMR § 2304 COMPREHENSIVE SCHOOL HEALTH EDUCATION

2304.1 D.C. Public Schools shall provide health instruction within a planned, sequential, pre K-12 comprehensive school health education curriculum that includes the physical, mental, emotional, and social dimensions of health and well-being.

2304.2 Comprehensive school health education shall be defined as age appropriate instruction that improves the knowledge, skills, and behaviors of students so they choose a health enhancing lifestyle and avoid behaviors that may jeopardize their immediate or long term health status.

2304.3 The Superintendent shall ensure that health instruction as defined in this section is taught through the use of appropriate monitoring and establishment of minimum proficiencies or learning outcomes in at least eleven (11) content areas including the following:

(a) HIV/AIDS and other sexually transmitted diseases;

(b) Human sexuality and family;

(d) Nutrition and dietary patterns that contribute to disease;

(e) Tobacco, alcohol, and other drug education;

(f) Physical education;

(g) Parenting;

(h) Coping with life situations;

(i) CPR, first aid, safety; injury and violence prevention;

(j) Consumer health; and

(k) Environmental health.

2304.4 The Superintendent shall establish and maintain a system of teacher training that supports comprehensive school health education through appropriate staff development activities mandated for health and physical education classroom instructors.

History

SOURCE: Final Rulemaking published at 41 DCR 8210-11 (December 30, 1994). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2304

5-E DCMR § 2305 HUMAN SEXUALITY AND REPRODUCTION

2305.1 The D.C. Public Schools, while recognizing that primary responsibility for educating children in this area rests with parents, shall offer, as part of the regular curriculum, instruction in human sexuality and reproduction which shall include, but not be limited to the following:

(a) Information on human anatomy, physical changes during adolescence, menstruation, intercourse, pregnancy, childbirth, lactation, venereal disease, contraception, abortion, homosexuality, reduction of infant mortality, improvement of pregnancy outcomes, and awareness and prevention of rape and other sex offenses; and

(b) Discussion of the process of making personal decisions in matters involving parenting and sexuality.

2305.2 Human sexuality and reproduction course content shall be taught sequentially in grade levels pre-K through twelve (12). The content of the courses shall be appropriate to the age group of the students receiving instruction.

2305.3 All textbooks used for instruction in the area of human sexuality and reproduction must be included in the list of textbooks submitted annually for approval by the Board of Education.

2305.4 All instructional materials, including textbooks, teachers’ manuals, audio-visual aids, and other supplementary materials that are used for instruction in human sexuality and reproduction shall be available for inspection and review by parents or guardians of students receiving instruction in human sexuality and reproduction.

2305.5 Prior to offering human sexuality and reproduction courses or programs, the principal shall notify in writing the parents or guardians of minor students. A minor student shall be excused from participating in human sexuality and reproduction instruction upon receipt by the principal of written notification from the student’s parent or guardian.

History

SOURCE: Final Rulemaking published at 26 DCR 1602 (October 5, 1979). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2305

5-E DCMR § 2306 [REPEALED]

History

SOURCE: Final Rulemaking published at 49 DCR 2137 (March 8, 2002); as amended by Final Rulemaking published at 68 DCR 1276 (January 22, 2021). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2306

5-E DCMR § 2307 [RESERVED]

5-E DCMR § 2308 [RESERVED]

5-E DCMR § 2309 [RESERVED]

5-E DCMR § 2310 CITY-WIDE TESTING

2310.1 As an element in the ongoing assessment and evaluation of the instructional program and student achievement, the Superintendent shall establish and implement a city-wide testing program, which shall be approved annually by the Board of Education.

2310.2 The city-wide testing program shall include all tests which are administered on a city-wide basis and published annually in a city-wide testing schedule.

2310.3 The following tests and testing programs shall not be included in the city-wide testing program:

(a) Specific tests for evaluation of federally funded programs and services;

(b) Research and evaluation studies, except those that are administered on a city- wide basis;

(d) Testing programs which are approved by the school system and sponsored and defined by external organizations such as the College Board and the National Assessment of Educational Progress.

2310.4 The city-wide testing program shall be used in conjunction with the competency-based curriculum by providing one hundred percent (100%) testing with either norm-referenced or criterion-referenced tests at those age or grade levels where diagnosis and evaluation will measure and aid student achievement most appropriately and usefully, as determined by the Superintendent and approved by the Board of Education as part of the annual city-wide testing program.

2310.5 All kindergarten students and all students enrolling in the Public Schools for the first time at the first (1st) grade level shall be assessed at the beginning of the school year.

2310.6 The Superintendent of Schools may establish guidelines for the assessment of students enrolling in the Public Schools for the first time at a level beyond first grade.

2310.7 All testing programs, whether or not a part of the city-wide testing program, shall include staff development and training requirements for all instructional staff members in the understanding and use of all tests being administered, including individualized testing, instructional program planning based on appropriate test results, and the explanation of tests and test results to parents and guardians.

History

SOURCE: Final Rulemaking published at 24 DCR 3533 (November 4, 1977); as amended by Final Rulemaking published at 32 DCR 3669 (June 28, 1985); as amended by Final Rulemaking published at 36 DCR 180, 184 (January 6, 1989). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2310

5-E DCMR § 2311 USE OF TEST RESULTS

2311.1 The results of tests administered by the D.C. Public Schools or under the auspices of the Board of Education shall not be considered determinative of the innate ability of individual students.

2311.2 Tests results may be used as a factor in the ongoing process of determining the best placement of students in the educational program and assessing students’ individual instructional needs, based upon current competencies and skills. Test results may also be used as a factor in the evaluation of student and program performance.

2311.3 The provisions of this section shall not preclude the use of diagnostic tests or other tests connected with the assessment and evaluation of learning problems or learning deficiencies, or the evaluation and placement of students in programs for the handicapped.

History

SOURCE: Final Rulemaking published at 24 DCR 3533, 3541 (November 4, 1977). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2311

5-E DCMR § 2312 AVAILABILITY OF TEST RESULTS

2312.1 Individual student tests results shall be available to the parent or guardian of the student, and to the adult student. A parent, guardian, or adult student may request a conference with the appropriate teacher or counselor to discuss test results.

2312.2 The results of tests shall also be available to faculty and parent groups in summarized or averaged form. The principal or other school official may conduct meetings with faculty or parent groups, upon request, to inform faculty and parent groups of the interpretation and application of test results.

2312.4 The Superintendent’s annual report shall include an analysis of the test results, including specific areas of achievement and deficiency, and shall indicate the steps that will be taken to correct any deficiencies.

2312.5 No test results shall be tabulated or reported that indicate individual or group scores by race or sex, except that aptitude tests results may be reported by sex in instances where test data clearly indicates that males and females differ in their performance, and valid norms have been established indicating this difference.

2312.6 No tests results that identify any individual student shall be reported or made public.

History

SOURCE: Final Rulemaking published at 24 DCR 3533, 3541 (November 4, 1977). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2312

5-E DCMR § 2313 [RESERVED]

5-E DCMR § 2314 [RESERVED]

5-E DCMR § 2315 [RESERVED]

5-E DCMR § 2316 [RESERVED]

5-E DCMR § 2317 [RESERVED]

5-E DCMR § 2318 [RESERVED]

5-E DCMR § 2319 [RESERVED]

5-E DCMR § 2320 [REPEALED].

History

SOURCE: Final Rulemaking published at 24 DCR 1005 (July 29, 1977); as amended by Final Rulemaking published at 38 DCR 4348 (July 12, 1991); as amended by Final Rulemaking published at 40 DCR 6954 (October 1, 1993); as amended by Final Rulemaking published at 45 DCR 4545 (July 10, 1998); as amended by Section 9058 of the Fiscal Year 2012 Budget Support Act of 2011, effective September 14, 2011 (D.C. Law 19-21; 58 DCR 6226, 6357 (July 29, 2011)); as amended by Final Rulemaking published at 61 DCR 5980 (June 13, 2014); as amended by Final Rulemaking at 63 DCR 5227 (April 8, 2016). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2320

5-E DCMR § 2399 DEFINITIONS

2399.1 The definitions set forth in § 2099 are incorporated in this section by reference and shall apply to the terms and phrases when used in this chapter.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1065 (July 29, 1977). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2399

5-E24 STUDENT RIGHTS AND RESPONSIBILITIES

5-E DCMR § 2400 GENERAL POLICY

2400.1 The protection and safeguards of the Constitution of the United States and especially the Bill of Rights apply to all students.

2400.2 Responsibility is inherent in all rights, especially the basic duty to respect and secure the rights of others. No student or other person involved in the D.C. Public Schools can realize his or her rights unless each student also exercises the self-discipline and care to afford the same rights to all others and does not engage in actions that infringe upon the rights of others.

2400.3 In a social situation such as the public school, all participants, including students, parents, teachers, administrators, and others in the educational process, have the right to know the basic standards of conduct and behavior which are expected of themselves and others. Each student should know what is expected of him or her and what can be expected from others. Thus, the school environment is a community of individuals who live and interact based upon commonly shared rules, rights, responsibilities, expectations, and common sense.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 24 DCR 1005, 1035 (July 29, 1977).

5-E DCMR § 2401 STUDENT BILL OF RIGHTS

2401.1 Each student has the right to a meaningful public education, the maintenance of high educational standards, and a system of public education that adequately and equitably seeks to meet the need of the individual student.

2401.2 Each student has the right to access to a meaningful curriculum and the right to voice his or her opinions and provide input into the development of the public school curriculum.

2401.3 Each student has the right to express his or her views in matters that affect the quality and content of the education that is provided, including but not limited to, the right to participate individually or through elected representatives in the development of the rules and regulations to which the student is subject.

2401.4 Each student has the right to adequate and timely notice of all rules, regulations, policies and sanctions to which the student is subject. All rules and regulations shall be available in writing and be accessible to all students. A copy of the rules of the Board of Education shall be maintained in the library, guidance office, or other appropriate place in each public school in the District of Columbia. A copy of § 2401 (Student Bill of Rights) shall be provided to each student upon registration at a public school in the District of Columbia

2401.5 Each student has the right to physical safety and the protection of personal property, including the right to safe and sanitary school buildings and facilities.

2401.6 Each student has the right to adequate consultation with teachers, counselors, administrators, and other school personnel.

2401.7 Each student has the right to free election of peers in student organizations, as well as the right to seek and hold office.

2401.8 Each student and the student’s parents or authorized representatives have the right to inspect and review the official records of the school system that relate directly to the individual student, as provided in § 2601. A student or the student’s parent or guardian shall be notified if adverse comments are placed in his or her official records.

2401.9 Students have the right to participate in school activities without being subject to unlawful discrimination because of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, political affiliation, handicapping condition, or any other basis of unlawful discrimination under the laws of the District of Columbia.

2401.10 Where access to participation in programs or activities is on a competitive basis, each student has the right to an opportunity to compete on an equal basis.

2401.11 A student has the right to refuse to participate in school activities which are contrary to the student’s moral, religious, or political beliefs.

2401.12 Each student shall have the right to respect from teachers, other students, administrators, and other school personnel, and shall not be subject to ridicule, harassment, or any punishment that is demeaning or derogatory. No student shall be subject to corporal punishment.

2401.13 Principals, assistant principals, school security personnel and other designated individuals may conduct, or cause to be conducted, such searches of students as are reasonable to maintain the security, discipline and educational atmosphere of a school building, event or program, in accordance with the provisions § 2404.

2401.14 Each student shall have the right to use reasonable physical means to defend himself or herself from assault or physical abuse, and shall not be subject to suspension for using limited, reasonable, physical means to restrain another person from physically assaulting or harming a third person.

2401.15 Each student has the right to present petitions, complaints, or grievances to school authorities and the right to receive prompt, authoritative replies from school officials regarding the disposition of the student’s petitions, complaints, or grievances. The procedure for presenting complaints and grievances is set forth in § 2405.4 of this Chapter. The alternative procedure for presenting complaints alleging incidents of harassment and sexual harassment is set forth in § 2405.5 of this Chapter.

2401.16 Where a student is entitled to a hearing pursuant to this title, the hearing shall be impartial, and the student shall be afforded all other rights set forth in the hearing procedures.

2401.17 Each student shall have the right to exercise his or her constitutional rights of free speech, assembly, and expression without prior restraint, so long as the exercise of these rights does not substantially interfere with the rights of others.

2401.18 The exercise of the constitutional rights of free speech, assembly, and expression by students shall include, but is not necessarily limited to, the following:

(a) Wearing political buttons, armbands, or other badges of symbolic expression;

(b) Organizing and participating in political and social organizations;

(c) Use of student bulletin boards without prior censorship, but not school bulletin boards without approval of the use which shall be reasonably provided by the schools;

(d) Repealed.

(e) Preparation and distribution of posters, newspapers, or other printed matter, on or off school grounds, and the reasonable use of the school public address system subject to standards adopted by the student government organization in cooperation with school officials; provided, that such distribution or use shall be limited to reasonable times before, during, and after school hours in order to prevent undue interference with classroom activities and the rights of others; and

(f) Free expression and defense of views and opinions without having that expression affect the student’s examinations, grades, academic achievement, or participation in extra-curricular activities.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1037 (July 29, 1977); as amended by Final Rulemaking published at 27 DCR 2575 (June 13, 1980); and by Final Rulemaking published at 35 DCR 9057 (December 30, 1988); by Final Rulemaking published at 49 DCR 7513, 7516(August 2, 2002); as amended by Final Rulemaking published at 56 DCR 6370 (August 14, 2009).

5-E DCMR § 2402 CODE OF STUDENT RESPONSIBILITIES AND CONDUCT

2402.1 Each student shall be responsible for providing a positive and healthy environment for others by maintaining order and self-discipline, and by having consideration for the rights and property of others.

2402.2 Each student shall bear the responsibility for his or her own conduct.

2402.3 Each student shall be responsible for neatness and cleanliness of personal attire and hygiene.

2402.4 A student shall respect other students, teachers, administrators and other school personnel, and visitors as human beings and as fellow citizens of the school community.

2402.5 A student shall respect the personal property of others and refrain from causing intentional damage or unnecessary wear and tear to books, facilities, school materials, school buildings and furnishings, and the personal property of others.

2402.6 A student shall refrain from fighting, creating disturbances, denying others the use of school facilities or buildings, using or carrying any weapon on school grounds, intentionally injuring another person, or acting in a manner that would expose others to risk or danger of harm or injury.

2402.7 A student shall not use threats or intimidation against any other person.

2402.8 A student shall respect the health and safety of others and shall refrain from using tobacco; or using, possessing, transmitting, or being under the influence of any alcoholic beverage, narcotic substance, or illegal or prohibited drug or substance; or by engaging in gambling, extortion, theft, assault, excessive noise, or any other unlawful activity.

2402.9 A student shall respect the educational process and learning environment of others by refraining from intentional or habitual tardiness, unexcused absences, or other activities that diminish the rights of others and the opportunity for other students to receive an education and obtain the maximum benefit from a public education.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1038 (July 29, 1977).

5-E DCMR § 2403 CORPORAL PUNISHMENT

2403.1 For purposes of this section, “corporal punishment” is defined as the use, or attempted use, of physical force upon, or against, a student, either intentionally or with reckless disregard for the student’s safety, as a punishment, or discipline.

2403.2 The use of corporal punishment in any form is strictly prohibited in and during all aspects of the public school environment or school activities. No student shall be subject to the infliction of corporal punishment by any teacher, other student administrator, or other school personnel.

2403.3 No teacher, administrator, student or other person shall subject a student to corporal punishment or condone the use of corporal punishment by any person under his or her supervision or control.

2403.4 Permission to administer corporal punishment shall not be sought or accepted from any parent, guardian, or school official.

2403.5 Conduct prohibited by this section include actual or attempted use or physical force against a student in accordance with § 2403.1, provided that the conduct is not prompted by reasonable efforts at self defense or the defense of others; is necessary to maintain or regain order; or is necessary for the safety of the educational environment. Examples of prohibited conduct include, but are not limited to, the following:

(a) Shoving;

(b) Striking;

(d) Shaking;

(e) Hitting;

(f) Throwing of objects; and

(g) Unreasonable restraint.

(h) Directing others to inflict any of the above on a student.

2403.6 The nature and the amount of physical contact reasonably necessary for self- defense, defense of others, protection of the educational environment, or to regain or maintain order shall be dependent upon the factual circumstances of each case. When reviewing those circumstances, the following shall be considered.

(a) If the action was taken in self-defense or the defense of others, whether the action taken against the student was (1) proportionate to student’s conduct, and (2) the least intrusive means of controlling the situation.

(b) If the action was taken against a student for the protection of the educational environment or regain or to maintain order, whether the action taken against the student was (1) taken as a last resort after all other reasonable means had been exhausted, and (2) the least intrusive means of controlling the situation.

2403.7 All allegation of the use of corporal punishment shall be promptly investigated. Discipline shall be administered against any employee who violates this section. Students shall be permitted, but not required, to testify at any proceeding relating to the allegation of corporal punishment.

2403.8 Employees found to have violated this provision will be subject to discipline in accordance with § 1401 these Board Rules, 5 DCMR 1401, and the appropriate collective bargaining agreement, if applicable.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1039 (July 29, 1977); as amended by Final Rulemaking published at 35 DCR 6013 (August 5, 1988) and by 49 DCR 3485. 3485-86 (April 12, 2002)

5-E DCMR § 2404 SEARCH PROCEDURES

2404.1 Individualized searches shall be undertaken if there exists reasonable suspicion that there has been a violation of the student discipline rules (chapter 25 of this title) or the criminal laws of the District of Columbia or the federal government, or, if such a search is part of the overall effort to maintain the security and safety of D.C. Public Schools, in accordance with the provisions this chapter.

2404.2 Reasonable suspicion shall be premised upon any one or more of the following circumstances:

(a) Observation of contraband or other prohibited property by school officials or conduct suggesting the presence of contraband or other prohibited property;

(b) General, suspicious conduct, such as a student’s being in a restricted area without approval;

(d) A tip from an informant, either known to the school official to be reliable or, if anonymous, possessing some attribute, knowledge, or relationship to the school, student or community that gives credence to the information; or

(e) Observation of furtive or evasive behavior to suggest either concealment of a weapon, contraband, or stolen property or perpetration of an offense violative of school regulations or laws.

2404.3 The student’s age, history, and school record shall be considered in the context of the nature of the infraction, in deciding whether to undertake a search.

2404.4 Random searches of students, and lockers shall be undertaken, in a manner which is consistent with the overall need to maintain the safety and security of D.C. Public Schools. The searches shall occur under the auspices of the D.C. Public Schools Office of Safety and Security and, where appropriate, the Metropolitan Police Department and the D.C. Public Schools Legal Services Branch, unless circumstances compel immediate action to avoid imminent danger to self or others.

2404.5 Except where otherwise necessary to avoid immediate harm or immediate disposal of contraband, searches of students shall occur in the privacy of an office or unoccupied room.

2404.6 Except where otherwise necessary to avoid immediate harm or immediate disposal of contraband, all searches shall be made in the presence of a third party.

2404.7 Under no circumstances are strip searches to be conducted by school system personnel. In the event that there is reason to believe that such a search would uncover evidence of criminal conduct, the Metropolitan Police Department shall be notified.

2404.8 Subsequent to any search being conducted, whether based on individualized suspicion or at random, the principal shall prepare a written report detailing the scope of the search and circumstances giving rise to the search. Copies of this report shall be filed with the appropriate assistant superintendent, the Division of Safety and Security, and the Legal Services Branch.

2404.9 Magnetometers and other metal-detecting devices may be utilized by school officials at entrances to schools when deemed appropriate by the Superintendent of Schools to be necessary to deter weapons being brought onto school grounds; provided, that such devices are regularly checked and calibrated.

2404.10 All lockers, desks, and other property provided by D.C. Public Schools to students for the storage of personal belongings and school supplies, are the property of the D.C. Public Schools and shall remain under the jurisdiction of D.C. Public Schools. The use of these items by students is a privilege. School officials retain the right to open and search lockers, desks and such other school property and the contents thereof, with or without the presence of the student(s) at any time to enforce school policies, rules, or regulations, or for any other reason.

2404.11 Students shall assume full responsibility for the contents of lockers and shall lock all lockers, or locks, after use. No student shall place, keep or store, or allow to be placed kept or stored, in his or her locker, desk, or other D.C. Public School property, any firearm, knife, explosive, or other dangerous object, the use or possession of which is prohibited by the rules of the Board of Education.

2404.12 Principals shall provide notification to students, and their parents on a regular basis, including at the beginning of each school year, of the Board’s policy regarding searches.

History

SOURCE: Final Rulemaking published at 35 DCR 9057 (December 30, 1988); as amended by Final Rulemaking published at 41 DCR 4934 (July 22, 1994).

5-E DCMR § 2405 [REPEALED]

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1042 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 185 (January 6, 1989); as amended by Final Rulemaking published at 49 DCR 7513, 7516-7518 (August 2, 2002); as amended by Final Rulemaking published at 61 DCR 10279 (October 3, 2014). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2405

5-E DCMR § 2406 IMPARTIAL HEARING OFFICERS

2406.1 In all instances where a hearing is required or allowed by the provisions of this title, the hearing shall be conducted by an impartial hearing officer who has no personal or professional interest which would conflict with the objective processing of the case, and, who is assigned to conduct the hearing by the Superintendent of Schools or his or her designee.

2406.2 All hearing officers shall be contracted for by the D.C. Public Schools on a full- time or part-time basis to serve in that capacity, and shall have qualifications and training appropriate to the subject matter of the hearing(s) to which they are assigned. Hearing officers in cases involving special education issues shall not be employees of public agencies which are involved in the education or care of the child for whom the hearing is being held.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1043 (July 29, 1977); as amended by Final Rulemaking published at 41 DCR 2226 (April 22, 1994).

5-E DCMR § 2407 PUBLIC SCHOOLS HEARING OFFICE

2407.1 The Superintendent of Schools shall establish a Public Schools hearing office which shall not be a part of or under the supervision or control of any Public Schools office or division that must implement the decisions of hearing officers or participate in hearings on behalf of the Public Schools.

2407.2 The Superintendent of Schools shall be responsible for ensuring the independence and impartiality of the hearing office and the impartiality of the hearing officer assigned to any particular hearing.

2407.3 The Public Schools hearing office shall be responsible for the following:

(a) The coordination and scheduling of all hearings held pursuant to the provisions of chapters 20 through 30 of this title;

(b) The hiring of all hearing officers;

(c) Training of all hearing officers in the conduct of hearings and the provisions of this title, applicable court orders, and other applicable laws and statutes;

(d) Ensuring that the decisions of all hearing officers comply with the rules and procedures set forth in this title and all other applicable laws and court orders; and

(e) Compiling and maintaining statistical information on the implementation of hearings and procedures for due process pursuant to the provisions of this title.

2407.4 The Public Schools hearing office shall have no authority to direct, rescind, overrule, modify, or alter the substantive decision of any hearing officer rendered in accordance with the provisions of law and this title.

2407.5 The decision of a hearing officer which does not comply with the rules and procedures set forth in this chapter, or any applicable statute, regulation, or order of court, may be remanded to the hearing officer for correction of the defect. If the defect is not corrected by the hearing officer, it may be corrected by the Superintendent of Schools or his or her designee. This subsection shall not apply to hearings held on matters arising pursuant to Pub. L. No. 94-142, 89 Stat. 773, (1975), as amended, and its implementing regulations.

2407.6 If a hearing officer’s report is corrected or modified for any reason by someone other than the hearing officer, the correction or modification shall be noted in the final determination, and any party may request a re-hearing on the matter before another hearing officer.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1044 (July 29, 1977); as amended by Final Rulemaking published at 34 DCR 8358 (December 25, 1987).

5-E DCMR § 2409 [RESERVED]

5-E DCMR § 2410 EMPLOYMENT OF MINORS

2410.1 No minor under the age of eighteen (18) years shall be employed or permitted to work in any establishment where alcoholic beverages are manufactured, subject to the exceptions set forth in this section.

2410.2 No minor under the age of eighteen (18) years shall be employed or permitted to work in any establishment where alcoholic beverages are sold for consumption on the premises, subject to the exceptions set forth in this section.

2410.3 No minor under the age of eighteen (18) years shall be employed or permitted to work in any establishment where alcoholic beverages are sold for consumption off the premises where the establishment deals exclusively in the sale of alcoholic beverages or in which the sale of alcoholic beverages constitutes more than one-third (1/3) of the business, subject to the exceptions set forth in this section.

2410.4 The following shall be exceptions to the restrictions on the employment of minors in businesses dealing in the manufacture and sale of alcoholic beverages contained in this section:

(a) A work permit may be issued for the employment of a son or daughter of the proprietor of an establishment that manufactures or sells alcoholic beverages if the minor has passed his or her sixteenth (16th) birthday;

(b) A work permit may be issued to a minor for employment at the Robert F. Kennedy Memorial Stadium (D.C. Stadium) or the D.C. Coliseum, regardless of the fact that alcoholic beverages are sold and consumed on the premises;

(c) A work permit may be issued to a minor for employment in any establishment that sells alcoholic beverages where the establishment is normally frequented by minors;

(d) The issuance of a work permit to a minor for employment in an establishment that sells alcoholic beverages and that is normally frequented by minors shall be considered on an individual basis and shall be based upon a finding that the employment is not dangerous or prejudicial to the life, health, safety, or welfare of the minor to whom the permit is issued; and

(e) A work permit may be issued to a minor for employment in any establishment that sells alcoholic beverages for consumption on the premises; provided, that the minor is enrolled in a duly approved course or program under the auspices of the Board of Education which relates to the nature of the employment being sought. Each permit request shall be considered on an individual basis and approved only after a finding, based on an inspection, that the employment is not dangerous or prejudicial to the life, health, safety, or welfare of the minor to whom the permit is issued. No permit may be issued for the employment of a minor under eighteen (18) years of age to handle or serve alcoholic beverages.

History

SOURCE: Final Rulemaking published at 24 DCR 4649 (December 2, 1977); as amended by Final Rulemaking published at 28 DCR 3452 (July 31, 1981).

5-E DCMR § 2411 [RESERVED]

5-E DCMR § 2412 [RESERVED]

5-E DCMR § 2413 UTILIZATION OF PUBLIC HEALTH SERVICES IN SCHOOL-BASED ADOLESCENT HEALTH CENTERS

2413.1 The Superintendent of Schools is authorized to accept public health services from the Commissioner of Public Health of the District of Columbia, to be provided to D.C. Public Schools students in a school setting, in accordance with the provisions of this section and any interagency agreement concerning school-based adolescent health centers executed by the D.C. Public Schools and the Commissioner of Public Health.

2413.2 Health services provided in adolescent health centers located in D.C. Public Schools shall be subject to the following limitations:

(a) Services shall not include the dispensing of prescription drugs and contraceptive devices;

(b) Services shall be provided by duly certified and licensed health professionals, acting under proper supervision, as appropriate;

(c) Services shall augment, supplement and/or complement D.C. Public Schools services in the areas of the physical, social, mental and emotional well-being of students, or, alternatively, fulfill an unmet health need that is evidenced within the general student population;

(d) Services shall be provided only during the hours between 8:00 a.m. and 5:00 p.m., unless otherwise stipulated in an interagency agreement between the D.C. Public Schools and the Commissioner of Public Health;

(e) Services shall be provided only to students currently enrolled in the school in which the center is located, except that such services may be provided to students previously enrolled within that school during the current school year, upon approval of the school principal, or to prospective students of the school as part of an enrollment process;

(f) Services shall be provided free of charge or at nominal cost to students and their parents, unless otherwise stipulated in an interagency agreement between the D.C. Public Schools and the Commissioner of Public Health. Nothing in this section should be read to relieve any insurer, Medicaid, or any similar third party from an otherwise valid obligation to pay for these health services; and

(g) Services shall be provided to minors only with parental or guardian consent to the specific kinds of services to be provided.

2413.3 A local School Health Center Advisory Council (LSHCAC) shall be established to provide advice and direction to each school-based adolescent health center. The LSHCAC shall be established prior to the provision of services by any center and shall determine whether or not and to what extent the center shall offer any family planning services beyond referral of students, subject to the limitations set out in § 2413.2(a).

2413.4 Each LSHCAC shall be comprised of school staff, community leaders, health professionals, parents and students. The exact composition of each LSHCAC shall be in accordance with an interagency agreement executed between the D.C. Public School and the Commissioner of Public Health.

2413.5 The Superintendent or his or her designee shall convene the initial meeting of each LSHCAC. At the first meeting, the members present shall select the leadership of the council.

2413.6 The LSHCAC shall provide advice to the local school administration, the Public Health Commissioner, the Superintendent and the Board of Education on matters related to the operation of the school-based health center, as it considers appropriate. It shall specifically advise on the following:

(a) The acceptability of the format and procedures used to inform parents of the school-based center and to gain their consent for utilization of the center by their children;

(b) The D.C. Public Schools’ human sexuality curriculum and its use in the school in which the center is located;

(c) The adequacy of the integration of values education and human sexuality intervention, for example, the amount of emphasis given to sexual abstinence, drug avoidance, sound nutritional habits, preventive health care, and avoidance of other high-risk behavior common to teenagers, in the school-based center; and

(d) The adequacy of any center’s provisions for the enhancement of parents’ ability to counsel their own children with competence and confidence.

History

SOURCE: Final Rulemaking published at 34 DCR 8359 (December 25, 1987). EDITOR’S NOTE: The phrase “Commission of Public Health” has been changed to read “Commissioner of Public Health.”

5-E DCMR § 2414 [REPEALED]

History

SOURCE: Final Rulemaking published at 35 DCR 1256 (February 26, 1988); as amended by Final Rulemaking published at 65 DCR 2950 (March 23, 2018). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 2414

5-E DCMR § 2415 PROTECTION OF STUDENTS IN EXPERIMENTAL PROGRAMS

2415.1 All instructional material, including teachers’ manuals, audiovisual aids, and other supplementary instructional materials that are to be used in connection with any research or experimental program or project shall be available for inspection and review by the parent or guardian of students involved in the programs or projects.

2415.2 For the purpose of this section, “research or experimental program or project” shall be defined as any program or project designed to explore or develop new or unproven teaching methods, techniques, or materials.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1064 (July 29, 1977).

5-E DCMR § 2499 DEFINITIONS

2499.1 The definitions set forth in § 2099 are incorporated in this section by reference and shall apply to the terms and phrases when used in this chapter.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1065 (July 29, 1977); as amended by Final Rulemaking published at 33 DCR 5776 (September 19, 1987); and by Final Rulemaking published at 40 DCR 1573, 1574 (February 26, 1993); as amended by Final Rulemaking Published at 47 DCR 989, 990 (February 18, 2000).

5-E26 STUDENT RECORDS

5-E DCMR § 2600 ACCESS TO STUDENT RECORDS

2600.1 Each student, adult student, and parent or guardian, as defined in § 2601, shall have the right to inspect and review all official records, files, and data maintained by the D.C. Public Schools which relate directly to the particular student.

2600.2 The right to inspect and review shall include the right to obtain copies of the information at a reasonable cost, if the fee does not effectively prevent students, adult students, parents or guardians from exercising their right to inspect and review records. No fee may be charged for the search or retrieval of official records, files, or data maintained regarding a particular student.

2600.3 The right to inspect and review may be exercised at any reasonable time, subject to uniform procedures that are not unduly cumbersome.

2600.4 Access to records and other information shall be obtained by making a written request to the Public School official having custody or responsibility for the records.

2600.5 In any case, a written request to the Superintendent of Schools or the appropriate Assistant Superintendent shall be deemed to be a request to the proper school official and that request shall be forwarded immediately for response.

2600.6 All requests for access to records, files, data, or other information, as defined in § 2601.1, shall be honored as soon as possible, but in no case in more than forty- five (45) calendar days.

2600.7 If the records requested contain information relating directly to more than one (1) student, the person requesting the information shall be entitled to inspect and review only that portion of the records that relates directly to that person or his or her child.

2600.8 If original, official records cannot be screened or separated to allow access and review of only those portions to which the person requesting access is entitled, the custodian or other responsible official shall make edited copies available or shall inform the requesting party of that portion of the record that relates directly to party or his or her child.

2600.9 Each student, adult student, and parent or guardian shall be informed annually of the rights and procedures for access to records and protection of privacy set forth in this chapter by inclusion of this information in appropriate newsletters, handbooks, and other communications.

2600.10 A person having the right of access to official records pursuant to the provisions of this chapter shall have the right to challenge the contents of those records on the grounds of inaccuracy, misleading or incomplete information, violation of privacy or other rights, or violation of this title. A challenge of record content shall be made according to the rules and procedures set forth in § 2602.

2600.11 Where notice or informed consent is required by these rules and procedures, a person who is non-English speaking shall have the right to notice or informed consent material, including consent forms, in his or her own language.

2600.12 Provision shall also be made for access to official records by non-readers and visually handicapped persons through their designated representative or other means.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1055 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 186 (January 6, 1989); and by Final Rulemaking published at 38 DCR 4349 (July 12, 1991).

5-E DCMR § 2601 APPLICABILITY

2601.1 Official records that are open to inspection and review shall include, but are not necessarily limited to, the following:

(a) A student’s cumulative record folder;

(b) Any data collected or intended for use within the D.C. Public Schools or intended for distribution outside the school system;

(d) Academic work completed;

(e) Grades and scores and results from achievement tests, criterion referenced tests, standardized tests, norm referenced tests, aptitude tests, and other tests given to students;

(f) Health data and accident reports;

(g) Observations and ratings by teachers, counselors, and other D.C. Public School personnel; and

(h) Reports of behavior or discipline problems or incidents.

2601.2 The right to access and review as provided in § 2600, and all other rights, including right to notice, afforded by this chapter, shall be applicable to persons as follows:

(a) In the case of a minor student, as defined in § 2699, these rights shall be exercised by the parent or guardian on behalf of the student; or

(b) In the case of an adult student or a self-supporting student, these rights shall be exercised by the student.

2601.3 The provisions of this chapter shall apply to all present and former students, except as follows:

(a) Provisions requiring notice or consent shall apply to the parent or guardian of a minor student; and

(b) Provisions requiring notice or consent shall apply directly to adult students and self-supporting students.

2601.4 Where the right to access and review of official records is exercised by an adult student or self-supporting student, that right shall not include access to those portions of the official records that pertain solely to the parent or guardian of the student, including financial information, unless the student first obtains the consent of the parent or guardian.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1057 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 7051 (October 6, 1989).

5-E DCMR § 2602 CHALLENGE TO CONTENTS OF OFFICIAL RECORDS

2602.1 Only those persons with access to records or their duly authorized representative shall have the right to challenge the contents of official records.

2602.2 An initial challenge to the contents of official records shall be in writing and shall be directed to the school official having custody or responsibility for the records or to the Assistant Superintendent with jurisdiction over the school which the student attends or to the Superintendent of Schools.

2602.3 The official custodian of the records shall review the challenge, discuss the records involved with the challenging party or representative, and make an administrative decision whether to change the records.

2602.4 Any decision of the custodian not to alter, modify, or supplement the challenged records, in whole or in part, shall be in writing and shall state the reasons for the decision. A copy of the decision shall be provided to the challenging party and placed in the official record.

2602.5 A challenging party who is not satisfied with the administrative decision made pursuant to § 2602.3 shall be entitled to request and receive a hearing.

2602.6 A hearing held pursuant to this section shall be before a superior officer to the custodian of the records who has made the administrative decision being appealed, an independent hearing officer, or other person designated by the Superintendent of Schools to hear an appeal.

2602.7 The findings and conclusions of the hearing shall be in writing, communicated to all parties, and placed in the official record. The findings and conclusions of the hearing shall be the final administrative decision on the challenged material.

2602.8 It shall be the responsibility of the custodian of the official records to implement the final administrative decision.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1059 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 180, 187 (January 6, 1989).

5-E DCMR § 2603 PROTECTION OF THE RIGHT TO PRIVACY AND STUDENT RECORDS

2603.1 Personally identifiable records and records that contain personal information shall not be released by the school system or any employee of the D.C. Public Schools to any individual, agency, or organization without the prior written, informed consent of the student or student’s parent or guardian, as provided in § 2601.3. However, these records may be released without the required consent in the instances specifically set forth in this section.

2603.2 Records may be released without consent to other school officials, including teachers, within the D.C. Public Schools who have a legitimate educational interest in the records.

2603.3 Records may be released without consent to officials of other schools or school systems in which the student seeks or intends to enroll, on condition that the student or student’s parent or guardian, as provided in § 2606.3, shall be notified of the transfer of the student’s records and be able to receive a copy of the transferred records upon request and the payment of a reasonable copying fee. Persons given notice of the transfer of a student’s records shall also be informed of their right to challenge the contents of the records prior to the release of the records.

2603.4 Records may be released without consent to the authorized representatives of the Comptroller General of the United States, the Secretary of Education, and other educational agency heads when necessary for the audit and evaluation of federally supported education programs, or to meet the specific requirements of federal law with respect to federally supported programs.

2603.5 The data collected by or released to officials as indicated in § 2603.4 with respect to individual students shall not include social security numbers or other information that would permit the personal identification of students or their parents or guardian after the data has been collected or released.

2603.6 Records may be released without consent where specifically authorized by federal law, but only to the extent provided by law.

2603.7 Records may be released without consent pursuant to a judicial order or lawfully issued subpoena, but only to the extent that the records are specifically identified by the order or subpoena.

2603.8 Records that include social security numbers may be released without consent in connection with a student’s application for, or receipt of, personal financial aid for educational purposes.

2603.9 Records may be released without consent when necessary to protect the health or safety of the student in an emergency. The student or student’s parent or guardian, pursuant to § 2601.3, shall be notified in writing as soon as possible of the release of the student’s records, the content of the records released, and the reasons for the release.

2603.10 The release of records without consent pursuant to this section shall be in compliance with the specific provisions and procedures for release, as applicable, that are set forth in § 2605.

2603.11 All employees collecting or using personally identifiable information must receive training or instruction regarding D.C. Public Schools’ policies and procedures on the protection of the confidentiality of any personally identifiable student information collected, used, or maintained.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1060 (July 29, 1977); as amended by Final Rulemaking published at 43 DCR 5779 (October 25, 1996).

5-E DCMR § 2604 DIRECTORY INFORMATION

2604.1 Directory information may be released without consent unless an adult student, self-supporting student, or minor student’s parent or guardian has informed the school system within thirty (30) days of the issuance of public notice of the categories of directory information that the directory information may not be released with regard to the student without prior consent of the adult student, self-supporting student, or student’s parent or guardian.

2604.2 Directory information shall include the following:

(a) Student’s name, address and telephone listing;

(b) Student’s date and place of birth;

(d) Weight and height of members of athletic teams;

(e) Dates of attendance;

(f) Diplomas and awards received; and

(g) Name(s) of the school being attended by the student and names of school(s) previously attended.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1061 (July 29, 1977); as amended by Final Rulemaking published at 36 DCR 7051 (October 6, 1989).

5-E DCMR § 2605 RELEASE OF OFFICIAL RECORDS

2605.1 When written consent for release of official records is required by this title, the written consent shall include all of the following:

(a) The signature of the person authorizing the release of the records and the date of the intended release;

(b) If the release is signed by an adult student, a signed statement certifying that the student has reached the age of eighteen (18) years;

(c) If the release is signed by the parent or guardian of a minor student, a signed statement certifying that the student has not reached eighteen (18) years of age;

(d) Specific identification of the records to be released;

(e) The reason(s) for the release of the records;

(f) The name(s) of the party or parties to whom the records may be released; and

(g) The name of the D.C. Public School official who is responsible for the release of the records.

2605.2 A copy of the official records to be released shall be made available to the student, parent, or guardian, upon request, prior to his or her signing the consent form.

2605.3 A consent form shall clearly and prominently state the right to inspect and review the records and the right to challenge the contents of the records.

2605.4 Where records are released pursuant to judicial order or lawfully issued subpoena, the student or student’s parent or guardian, as provided in § 2601.3, shall be notified of the release of the records by the school official releasing the records.

2605.5 A copy of the order or subpoena shall be retained in the file from which the official records are released under order or subpoena.

2605.6 When records are requested pursuant to §§ 2603.2, 2603.3, 2603.4, 2603.6, and 2603.8, the custodian of the records or other responsible school official shall obtain, prior to the release of the records, a signed and dated request form, which shall contain the following:

(a) The name, title, and agency or office of the person requesting the release of the records;

(b) The specific reasons and justifications for the request; and

(c) In the case of a request in connection with financial aid for educational purposes, pursuant to § 2603.8, a statement certifying that the applicant for the financial aid has been informed that the records may be requested in connection with the application for a receipt of the financial aid.

2605.7 The request form for release of records required by § 2605.6 shall be retained in the file from which the official records are requested, regardless of whether the information is released, and shall contain the name of the custodian or other responsible official who made the determination to release or deny the release of the records.

2605.8 Request forms for release of records shall be available for inspection and review as part of the official record, pursuant to the provisions of § 2600, and shall be available to D.C. Public School officials responsible for information systems audit.

2605.9 All official records released to third parties pursuant to the provisions of this chapter shall be released only upon the condition that the third party may not permit access to the records by any other person(s) without first obtaining the written consent of the student, or student’s parent or guardian.

2605.10 All records released to third parties shall contain a written statement informing the recipient of the conditions of release; provided, that this provision shall not apply to any records that do not personally identify any student.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1062 (July 29, 1977).

5-E DCMR § 2606 DESTRUCTION OF STUDENT RECORDS

2606.1 The student’s cumulative record folder shall be maintained by the D.C. Public Schools and may only be destroyed seventy-five (75) years following the student’s graduation, transfer, or withdrawal from the school system.

2606.2 During the time a student is enrolled in a school, the principal or his or her designee shall periodically review and destroy misleading, outdated or irrelevant information contained in the cumulative record folder; provided, that the adult student and his or her parent are notified in writing and are given an opportunity to receive the information or a copy of it prior to its destruction. A copy of a notice shall be placed in the cumulative record folder.

2606.3 Document(s) other than those in the cumulative record folder, shall be destroyed five (5) years after the student transfers, graduates, or withdraws from the school system. However, documents related to suspensions shall be destroyed at the end of the school year immediately following the conclusion of the suspension period, as required by § 2504.7 of this title.

History

SOURCE: Final Rulemaking published at 36 DCR 7051 (October 6, 1989).

5-E DCMR § 2699 DEFINITIONS

2699.1 The definitions set forth in § 2099 are incorporated in this section by reference and shall apply to the terms and phrases when used in this chapter.

History

SOURCE: Final Rulemaking published at 24 DCR 1005, 1065 (July 29, 1977); as amended by Final Rulemaking published at 33 DCR 5776 (September 19, 1987); and by Final Rulemaking published at 40 DCR 1573, 1574 (1993); as amended by Final Rulemaking published at 47 DCR 989, 990 (February 18, 2000).

5-E27 INTERSCHOLASTIC ATHLETICS [REPEALED]

5-E DCMR § 2700 GENERAL PROVISIONS

2700.1 Participation by students in grades four (4) through twelve (12) in interscholastic athletic programs provided by the D.C. Public Schools shall be governed by the rules and procedures set forth in this chapter.

2700.2 Interscholastic athletics shall place emphasis upon teaching principles and practices of good sportsmanship, ethical conduct and fair play through athletics, as well as providing instruction in the skills of athletics. Safety standards shall be implemented with regard to students’ physical health, training and practice, equipment, the physical environment, and first aid.

2700.3 Students shall not be excluded from participation in, be denied the benefits of, be treated differently from other students, or otherwise be unlawfully discriminated against in interscholastic athletics, for any reason, including but not limited to, sex, handicapping condition, race, color, religion, citizenship status, national origin, marital status, personal appearance, and sexual orientation.

2700.4 Notwithstanding the requirements set forth under § 2700.3, separate teams for members of each sex may be operated where selection for such sport is based upon competitive skill or the activity involved is a contact sport. However, where a team in a particular sport is operated for members of one sex but no such team has been operated for members of the other sex, and athletic opportunities for members of that sex have previously been limited, members of the excluded sex shall be allowed to try-out for the team.

2700.5 The Supervising Director of Athletics shall announce annually the sport seasons for interscholastic contests.

2700.6 Postseason games shall be limited to contests approved by the Supervising Director of Athletics. In making this decision consideration shall be given to, but not necessarily limited to, the following factors:

(a) Loss of school time by students and coaches;

(b) Liability for the students and the school;

(d) Length of the sport season;

(e) Level of students participating;

(f) Effect upon students’ current or college eligibility;

(g) Effect upon maintaining students’ amateur status;

(h) Nature of compensation offered by sponsors to students and coaches; and

(i) Credibility of sponsors.

2700.7 Summer athletic league participation by school teams shall not be sanctioned and the name of a school, school equipment, supplies and facilities shall not be used for such participation.

2700.8 Schools, or any representatives thereof, shall not seek to influence students to transfer from one school to another for the purpose of participating in interscholastic athletics.

2700.9 Except as provided in Section 2700.11 below, varsity teams in senior high schools shall be limited to eligible students enrolled in that high school in grades nine (9), ten (10), eleven (11), and twelve (12).

2700.10 Junior varsity teams in senior high schools shall be limited to eligible students enrolled in grades nine (9), ten (10), and eleven (11).

2700.11 Ninth (9th), tenth (10th), eleventh (11th), and twelfth (12th) graders who attend junior high schools or high schools in which a desired sport is not offered may participate in such sports on the teams at one of the following:

(a) The high school within the student’s attendance zone;

(b) If the student is attending junior high school out of zone, the high school in which the junior high school currently attended feeds; or

2700.12 Students who have participated in varsity competition on one (1) or more occasions shall be ineligible to participate in junior varsity competition in the same sport.

2700.13 The Superintendent shall establish an Advisory Committee on Interscholastic Athletics which shall include in its membership central, regional and local school officers, coaches, parents, students and community representatives. The primary function of this Committee shall be to advise the Supervising Director of Athletics on matters pertaining to the organization, management, and improvement of the interscholastic athletic programs in the D.C. Public Schools.

2700.14 The Director of Athletics shall ensure that tie-breaking procedures are established and publicized to the D.C. Public School athletic community at the commencement of each sport season.

History

SOURCE: Final Rulemaking published at 25 DCR 9873 (May 4, 1979); as amended by Final Rulemaking published at 38 DCR 5659 (September 6, 1991); as amended by Final Rulemaking published 46 DCR 3686 (April 23, 1999).

5-E DCMR § 2701 ELIGIBILITY OF PARTICIPATION

2701.1 The certification of eligibility of students to participate in interscholastic athletics shall occur, pursuant to procedures to be established by the Superintendent, as follows:

(a) Principals shall be responsible for determining and certifying the eligibility of students to participate in athletics by submitting a list of eligible students to the Director of Athletics two (2) weeks prior to the first scheduled game, whether league or non- league;

(b) A supplemental list may be submitted two (2) weeks after the first game. However, students on the supplemental list may not participate without the prior written approval of the Director of Athletics. The supplemental list may be submitted for league games only; and

(c) The Director of Athletics shall be responsible for verifying the eligibility of students within one (1) week of receipt of the eligibility list, including supplemental lists.

2701.2 The Supervising Director of Athletics shall have the authority to challenge and to investigate the eligibility of any students certified by principals as being eligible to participate in interscholastic athletics whenever there is reason to believe that a student may not have fulfilled the eligibility requirements set forth in § 2701.3 of this chapter.

2701.3 In order to be certified as eligible to participate in interscholastic athletic programs and contests conducted by the D.C. Public Schools, and to maintain such eligibility, students shall fulfill the following requirements:

(a) Students shall be residents of the District of Columbia, as defined by statute, and the rules set forth in §§ 2000.2 and 2000.3 of this title, except as provided for in §2701.3(b);

(b) Students residing outside the District of Columbia, whose admission to D.C. Public Schools has been approved in accordance with § 2006 of this title and who have either paid, or are current in payment of, their nonresident tuition fee, and, students who become bona fide D.C. residents by virtue of a court-appointed custodian or guardian and who otherwise fulfill the requirements of this section, may become eligible to participate upon satisfactory completion of two (2) full consecutive semesters at the D.C. Public School the student wishes to represent in interscholastic athletics. The Director of Athletics may, within ten (10) days of the beginning of each sport season, grant a waiver of this rule, upon a request from the affected student, if the student is able to show good cause or undue hardship from the application of the rule. Coaches shall be prohibited from obtaining guardianship or custody of a student as a subterfuge for residency;

(c) Students shall be enrolled within the first twenty (20) calendar days of a semester at the school the student wishes to represent in interscholastic athletics, except as provided for in § 2701.3(d);

(d) Students who transfer enrollment after the first twenty (20) calendar days of a semester on the basis of a change of address, may only become eligible to participate when the change of address within the District of Columbia has been verified by both the sending and receiving principals in accordance with the rules and procedures set forth in §§ 2105, 2002.10, and 2002.11 of this title;

(e) Students in grades seven (7) through twelve (12) shall submit to the principal an original or certified true copy of the student’s birth certificate, except that in cases where a student provides a certification from a Bureau of Vital Statistics, or comparable agency, that no birth certificate exists for the student, satisfactory documentary proof of the student’s date of birth shall be accepted in accordance with provisions set forth in § 2002.6 of this title;

(f) Students who are less than eighteen (18) years of age shall submit to the principal a statement signed by the student’s parent or guardian indicating the sport for which parental consent is being given for the student to participate;

(g) Students shall provide a physician’s certification that the student has been examined and found to be physically fit for the sport in which the student seeks to participate;

(h) Students shall be covered by accident insurance, either contracted for by D.C. Public Schools or selected by the parent (guardian) and approved by D.C. Public Schools, during each season the student participates. Appropriate notice of the coverage and cost of the accident insurance contracted for by D.C. Public Schools, shall be provided annually to parents or guardians and adult students. Parents submitting a policy for approval by D.C. Public Schools shall do so within the time specified by D.C. Public Schools. In addition, students participating in football shall be covered by football accident insurance which shall be paid for by D.C. Public Schools;

(i) Students shall maintain regular school attendance having been present at least two-thirds (2/3) of the school days during the semester preceding the sport season, and have no unexcused absences during the season of participation. Completion of a summer school program shall not be counted as a semester of attendance for the purposes of establishing eligibility under provisions of this subsection;

(j) Students in grades nine (9) through twelve (12), in regular education and career development programs or in Level I and Level II programs of the continuum of services available to special education students, shall have a grade point average of 2.0 (“C”) as required by Chapter 22;

(k) Students in grades four (4) through eight (8) shall not fail more than one (1) subject at the end of the advisory period immediately preceding the sport season in which the student wishes to participate;

(l) Students shall be undergraduates; provided, that an eligible student whose graduation exercises are held before the end of the school year may continue to participate in interscholastic athletics until the end of that school year;

(m) Students who have attained the following ages on or before July 1st preceding the following school year shall not be eligible to participate in interscholastic athletics offered for the grade levels indicated:

(1) Grades four (4) through six (6): thirteen (13) years;

(2) Grades seven (7) through nine (9): sixteen (16) years; and

(3) Grades ten (10) through (12): nineteen (19) years;

(n) Students shall maintain amateur standing by engaging in sports only for the physical, educational and social benefits derived therefrom and by not accepting remuneration, gifts or donations other than approved school awards, directly or indirectly;

(o) Students may represent only one (1) school in the same sport during a school year;

(p) Students may participate in regular season, playoff or championship interscholastic athletic contests for a maximum of:

(i) four (4) semesters [two (2) seasons] in grades four (4) through five (5);

(ii) six (6) semesters [three (3) seasons] in grades six (6) through eight (8); and

(iii) eight (8) semesters [four (4) seasons] in grades nine (9) through twelve (12), except that, for any student who participated in interscholastic athletic contests in a ninth (9 [th]) grade situated in a District of Columbia middle school or junior high school prior to 2008 and who subsequently repeated ninth (9 [th]) grade in a District of Columbia high school, the student's participation in interscholastic athletics in the middle school or junior high school shall not be counted in computing eligibility.

(iv) Semester [season] computations shall begin from the semester in which the student was enrolled for the first time in grades four (4), six (6), and nine (9) respectively, and shall be counted continuously thereafter, regardless of whether he/she remains continuously enrolled in school.

(q) Students in grades nine (9) through twelve (12) shall not participate in the same individual or team sport outside of school, or with a team, an organized league, tournament meet, match or game between the first and last scheduled contest of the school squad during the season of the sport; provided, that students who are selected to represent the United States in international amateur competition shall not become ineligible in school competitions for participating in qualifying trials. The following sports shall be exempted:

(1) Golf;

(2) Swimming;

(3) Tennis;

(4) Gymnastics;

(5) Volleyball;

(6) Softball;

(7) Track and Field;

(8) Cross-Country;

(9) Crew; and

(10) Cheerleading;

(r) Students shall participate only under the name by which they are registered in D.C. Public Schools;

(s) Student participation shall be classified as follows:

(1) Grades four (4) through six (6) shall participate on the elementary level;

(2) Grades seven (7) through nine (9) shall participate on the junior high school level, except as provided in §§ 2700.9 and 2700.10; and

(3) Grades ten (10) through twelve (12) shall participate on the senior high level, except as provided in §§ 2700.9 and 2700.10;

(t) A student who needs less than two (2) classes (1 to 2 Carnegie units) to graduate from twelfth (12th) grade and who transferred to a high school within the past twelve (12) months shall not participate in any interscholastic athletic activity for the duration of the student’s matriculation at that school;

(u) The grade designation on the student’s official record, or official transfer record, shall be controlling in determining whether a student is assigned to grades four (4) through six (6) as used in this chapter; and

(v) A student shall be considered to be assigned to grades seven (7) through twelve (12), as used in this chapter, based upon one of the following:

(1) The qualifications adopted by the Board in the Secondary Student Progress Plan; or

(2) The grade designation on the official transfer record from another jurisdiction; provided, that the student has met the minimal criteria, required for the grade, pursuant to the Board rules.

2701.4 Students who are ineligible for any reason to participate in interscholastic athletics at the time of transfer from one school to another, for any reason other than failure to meet the requirements of Chapter 22, shall not be considered for eligibility to the receiving school until the student has been enrolled for a full semester.

2701.5 Students who are ineligible due solely to their failure to meet the requirements of Chapter 22 shall become eligible at the end of the advisory in which they meet the requirements of that chapter.

2701.6 Students who are ineligible to participate in interscholastic athletics for any reason may not play practice, or otherwise participate with a D.C. Public School team during the period of such ineligibility.

2701.7 School officers and coaches who knowingly allow ineligible students to participate in an interscholastic athletic program or contest shall be subject to disciplinary action.

2701.8 Schools shall forfeit all contests during which an ineligible student participates.

History

SOURCE: Final Rulemaking published at 25 DCR 9873, 9875-78 (May 4, 1979); as amended by Final Rulemaking published at 27 DCR 3847, 3850 (June 27, 1988); by Final Rulemaking published at 38 DCR 5659, 5660 (September 6, 1991); and by Final Rulemaking published at 40 DCR 6958 (October 1, 1993); and Final Rulemaking published at 55 DCR 012274 (December 5, 2008).

5-E DCMR § 2702 CHALLENGES OF ELIGIBILITY AND PROTESTS

2702.1 Challenges of eligibility and protests shall be referred to the Supervising Director of Athletics, who shall have authority to investigate and render decisions on such charges.

2702.2 Decisions rendered by the Supervising Director of Athletics shall be promptly submitted in writing to the appropriate Assistant Superintendent(s), the Director of the Department of Health, Physical Education, Athletics and Safety, and the principal(s) concerned.

2702.3 During the playing of a game, any protest which a coach desires to make shall be reported to the coach of the opposing team and to the officials in charge of the contest at the time of the incident.

2702.4 Principals shall be responsible for determining whether or not a formal protest shall be made.

2702.5 If a formal protest is entered, such protest together with all available information shall be submitted in writing by the principal of the protesting school to the Supervising Director of Athletics and to the principal of the opposing school by close of business of the following school day.

2702.6 Schools shall not refuse to continue a contest because a protest has or will be entered.

2702.7 Failure of a team to continue a contest because of a protest shall result in forfeiture of the contest to the opposing team.

History

SOURCE: Final Rulemaking published at 25 DCR 9873, 9879 (May 4, 1979).

5-E DCMR § 2703 PROBATIONARY ACTIONS, AND DETERMINATIONS OF INELIGIBILITY

2703.1 A student may be placed on probation for a period not to exceed one (1) semester for serious misconduct during or related to an interscholastic contest, practice session, or scrimmage; provided, that all such probationary actions shall be effected in accordance with the rules and procedures set forth in this section.

2703.2 The decision to effect a probationary action pursuant to this subsection shall be made by the principal or his or her designee and may be upon the recommendation of the coach or other school official in charge of the interscholastic program or activity.

2703.3 Prior to being placed on probation, the student shall be informed in writing of the reason(s) for and the length of the proposed probationary period.

2703.4 The student shall be given an informal conference with the principal or his or her designee and the school official proposing the probationary action. The conferences shall include the following:

(a) Notice of grounds for the probationary action, and the proposed length of the probationary period;

(b) An explanation of the evidence or facts upon which the school official has determined that the student should be placed in a probationary status;

(c) An opportunity for the student to present the student’s version of the facts or explain the events or actions upon which the probationary determination is based; and

(d) Notice that repeated or continued serious misconduct may result in the student being declared ineligible to participate in interscholastic athletics.

2703.5 The informal conference shall not include the right to counsel or the right to cross-examine witnesses, but may include the student’s parent or guardian.

2703.6 During the probationary period, the student shall not be restricted from participating in interscholastic athletic contests, practice sessions, or scrimmages.

2703.7 Probationary periods may be shortened by the principal upon recommendation of the coach.

2703.8 At the conclusion of the probationary period, an informal conference shall be held by the principal with the student and the coach during which all participants shall engage in assessing the student’s progress during the probationary period. The conferences may include the student’s parent or guardian, but their participation shall not be required.

2703.9 No indication of a probationary action made pursuant to this subsection shall appear on or be made a part of any student’s cumulative or any other permanent record.

2703.10 A student may be declared ineligible to participate in interscholastic athletics by the Supervising Director of Athletics during a period of one (1) school year, or less, for failure to comply with or intentionally violating any of the requirements for eligibility certification set forth in § 2701, except for § 2701.3(j).

2703.11 A student may be declared ineligible to participate in interscholastic athletics by the Supervising Director of Athletics during one (1) or more school years for committing any one of the prohibited acts set forth in § 2501 of this title.

2703.12 Prior to declaring that a student is ineligible to participate in interscholastic athletics pursuant to provisions in §§ 2703.10 and 2703.11 of this section, the parent or guardian of a minor student shall be given notice in writing by certified mail or hand-delivery. In the case of adult students, the written notice shall be hand-delivered to the student. All such notices shall include the following:

(a) A description of the proposed action and the length of the period of ineligibility;

(b) A statement of the specific grounds for the proposed action, including a citation of the subsections of § 2501 or § 2701 upon which the action is based, and a description in reasonable detail of the facts, events, and actions upon which the ineligibility determination is based; and

(c) A statement informing the student, or minor student’s parent or guardian, of the right to file a grievance pursuant to the provisions set forth in § 2704, except that grievances filed pursuant to § 2209 shall be governed by the procedures set forth in §2405.

2703.13 No indication that a student has been determined ineligible to participate in inter-scholastic athletics shall be maintained in the student’s cumulative or any other permanent record beyond the end of the school year during which such ineligibility is in effect.

History

SOURCE: Final Rulemaking published at 25 DCR 9873, 9880-81 (May 4, 1978).

5-E DCMR § 2704 INTERSCHOLASTIC ATHLETICS GRIEVANCE PROCEDURE

2704.1 The grievance procedure set forth in this section shall apply to all grievances arising from the application of the rules governing interscholastic athletics contained in this chapter, except that grievances filed pursuant to § 2209 shall be governed by the procedures set forth in § 2405.

2704.2 The person or persons bringing the grievance shall make an informal complaint to the Supervising Director of Athletics, who shall attempt to resolve the problem through informal means, such as meetings and discussions with all parties concerned.

2704.3 If the grievance is not resolved through the informal process set forth in §2704.2, a written complaint shall be filed with the Supervising Director of Athletics, who shall attempt to resolve the written grievance through conferences with all involved parties.

2704.4 The decision by the Supervising Director of Athletics as a result of the attempt to resolve a written grievance shall be submitted in writing to the involved parties.

2704.5 If the written complaint to the Director of Athletics does not result in a mutually satisfactory resolution of the problem within ten (10) days from the date the written grievance was submitted a written grievance may then be filed with the Superintendent, or designee.

2704.6 A panel of three (3) people selected by the Superintendent or designee, two (2) of whom are not employed by D.C. Public Schools, shall investigate the grievance and make recommendations to the Superintendent or designee regarding the resolution of the grievance. All actions and recommendations of the panel shall be consistent with existing Board rules.

2704.7 The person or persons bringing the grievance may request a formal hearing before an impartial Hearing Officer, who may be designated by the Superintendent of Schools or the Public Schools Hearing Office from among persons employed by the school system on a full or part-time basis to serve in such capacity.

2704.8 In any appeal filed pursuant to § 2704.5, the person or persons bringing the grievance shall be informed in writing of the right to representation by counsel, and the right to confront and cross-examine any witnesses in a formal hearing before an impartial Hearing Officer.

2704.9 In all cases where a formal hearing has been held before an impartial hearing officer, the hearing officer shall provide the Superintendent, or designee, a written report including the findings and recommendations.

2704.10 Following the review of the grievance by the Superintendent, or designee, and either an informal meeting has been held with all parties involved, or a formal hearing has been held before an impartial hearing officer, the Superintendent, or designee, shall provide all parties concerned a written decision which shall include the following:

(a) A statement of the specific grounds for the proposed action including, where applicable, a citation of the section(s) or subsection(s) of this chapter upon which the proposed action is based;

(b) A description in reasonable detail of the facts, events, and actions upon which the proposed determination is based; and

2704.11 [Deleted]

2704.12 [Deleted]

2704.13 [Deleted]

2704.14 The Superintendent of Schools shall render a decision on the appeal within five (5) days of receipt of the entire record which shall be based upon the following:

(a) The record of the formal hearing;

(b) The written report of the hearing officer, if applicable; and

2704.15 The decision of the Superintendent of Schools shall be the final and binding decision of the D.C. Public Schools.

2704.16 Except as provided in § 2704.17, all challenges to the eligibility of individual players lodged by principals’ shall be made no later than three (3) days prior to the beginning of the first scheduled game of the sport to which the protest relates. Failure to file a challenge within the required time period shall be deemed a waiver of the right to challenge, except that challenges based on newly discovered evidence may in the discretion of the Director of Athletics, be made within three (3) days of discovery of the new evidence.

2704.17 All challenges to the eligibility of individual players lodged by principals, occasioned by application of § 2209 of the Board rules, (“C” Average), shall be made within twelve (12) days of the beginning of the advisory in which the challenge is lodged.

2704.18 The Director of Athletics may challenge the eligibility of individual players at any time but in no event shall such challenge occur later than mid-season of the sports season involved.

2704.19 At the beginning of each school year the Director of Athletics shall establish a schedule which includes the beginning and mid-season dates for each interscholastic athletic activity.

2704.20 All challenges to a student’s eligibility, whether from a principal or the Director of Athletics, shall be resolved within two (2) weeks from the date of the initial challenge. During the pendency and investigation of the challenge the student may participate. However, if the challenge is upheld, all games in which the involved student participated shall be forfeited.

History

SOURCE: Final Rulemaking published at 25 DCR 9873, 9882 (May 4, 1979); as amended by Final Rulemaking published at 38 DCR 5659, 5662 (September 6, 1991).

5-E DCMR § 2799 DEFINITIONS

2799.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Approved School Accident Insurance - insurance either contracted for or approved by D.C. Public Schools.

Day - one (1) calendar day, unless otherwise stated.

League - an association of sports teams or clubs that compete mainly among themselves.

Participate- to play in practice games or scrimmages, wear the team uniform, take pictures with the team, or engage in any other actions other than those of a spectator.

Week - seven (7) calendar days.

History

SOURCE: Final Rulemaking published at 38 DCR 5659, 5664 (September 6, 1991).

5-E30 SPECIAL EDUCATION [REPEALED]

5-E DCMR § 3000 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3000

5-E DCMR § 3001 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972 (June 17, 1983); as amended by Final Rulemaking published at 38 DCR 4095a (July 5, 1991); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final Rulemaking published at 52 DCR 10559 (December 2, 2005); as amended by Final Rulemaking published at 62 DCR 12997 (October 2, 2015); as amended by Final Rulemaking published at 63 DCR 9089 (July 1, 2016); as amended by Final Rulemaking published at 65 DCR 7392 (July 13, 2018); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3001

5-E DCMR § 3002 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2973 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final Rulemaking published at 52 DCR 10559 (December 2, 2005); as amended by Final Rulemaking published at 61 DCR 2106 (March 14, 2014); as amended by Final Rulemaking published at 65 DCR 7392 (July 13, 2018); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3002

5-E DCMR § 3003 [REPEALED]

History

SOURCE: Final Rulemaking published 30 DCR 2972, 2991 (June 17, 1983); as amended by Final Rulemaking published at 37 DCR 6809 (October 26, 1990); and by Final Rulemaking published 42 DCR 1956 (April 28, 1995); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3003

5-E DCMR § 3004 [REPEALED]

History

SOURCE: Final Rulemaking published 30 DCR 2972 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 52 DCR 10558 (December 2, 2005); as amended by Final Rulemaking published at 62 DCR 12997 (October 2, 2015); as amended by Final Rulemaking published at 65 DCR 7392 (July 13, 2018); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3004

5-E DCMR § 3005 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2974 (June 17, 1983); as amended by Final Rulemaking published 36 DCR 180, 187 (July 5, 1991); as amended by Final rulemaking published at 47 DCR 2188 (March 24, 2000); as amended by Final rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 62 DCR 12997 (October 2, 2015); as amended by Final Rulemaking published at 65 DCR 7392 (July 13, 2018); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3005

5-E DCMR § 3006 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2975 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final rulemaking published at 52 DCR 10561 (December 2, 2005); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3006

5-E DCMR § 3007 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2976 (June 17, 1983); as amended by Final Rulemaking published at 37 DCR 6809 (October 26, 1990); and by Final Rulemaking published at 42 DCR 1956 (April 28, 1995); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3007

5-E DCMR § 3008 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2977 (June 17, 1983); as amended by Final Rulemaking published at 37 DCR 2128 (March 30, 1990); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3008

5-E DCMR § 3009 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 52 DCR 10562 (December 2, 2005); as amended by Final Rulemaking published at 62 DCR 12997 (October 2, 2015); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3009

5-E DCMR § 3010 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2978 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3010

5-E DCMR § 3011 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2980 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 62 DCR 12997 (October 2, 2015); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3011

5-E DCMR § 3012 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2973 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3012

5-E DCMR § 3013 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2987 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3013

5-E DCMR § 3014 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3014

5-E DCMR § 3015 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2985 (June 17, 1983); as amended by Final Rulemaking published at 43 DCR 5779 (October 25, 1996); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3015

5-E DCMR § 3016 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2986 (June 17, 1983); as amended by Final Rulemaking published at 43 DCR 3431 (June 28, 1996); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3016

5-E DCMR § 3017 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 65 DCR 7392 (July 13, 2018); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3017

5-E DCMR § 3018 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3018

5-E DCMR § 3019 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 56 DCR 9205 (December 4, 2009); as amended by Final Rulemaking published at 61 DCR 2106 (March 14, 2014); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3019

5-E DCMR § 3020 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2980 (June 17, 1983); as amended by Final Rulemaking published at 35 DCR 3017 (April 29, 1988); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); and Final Rulemaking published at 52 DCR 10558 (December 2, 2005); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3020

5-E DCMR § 3021 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2981 (June 17, 1983); as amended by Final Rulemaking published at 37 DCR 6809 (October 26, 1990); Final Rulemaking published at 38 DCR 4095a (July 5, 1991); Final Rulemaking published at 41 DCR 2226 (April 22, 1994); and by Final Rulemaking published at 49 DCR 8881 (September 27, 2002); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3021

5-E DCMR § 3022 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2982 (June 17, 1983); as amended by Final Rulemaking published at 41 DCR 2226, 2228 (April 22, 1994); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3022

5-E DCMR § 3023 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972, 2984 (June 17, 1983); as amended by Final Rulemaking published at 37 DCR 6809, 6810 (October 26, 1990); and by Final Rulemaking published at 38 DCR 4349 (July 12, 1991); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3023

5-E DCMR § 3024 [REPEALED]

History

SOURCE: Final Rulemaking published at 49 DCR 2236, 2237 (March 8, 2002); as amended by Final Rulemaking published at 49 DCR 8881 (September 27, 2002); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 65 DCR 7392 (July 13, 2018); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3024

5-E DCMR § 3025 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 65 DCR 7392 (July 13, 2018); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3025

5-E DCMR § 3026 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3026

5-E DCMR § 3027 [REPEALED]

History

SOURCE: Final Rulemaking published at 30 DCR 2972 (June 17, 1983); as amended by Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3027

5-E DCMR § 3028 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3028

5-E DCMR § 3029 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3029

5-E DCMR § 3030 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 50 DCR 8810 (October 17, 2003); as amended by Final Rulemaking published at 52 DCR 10558 (December 2, 2005); as amended by Final Rulemaking published at 53 DCR 5249 (June 30, 2006); as amended by Final Rulemaking published at 53 DCR 6097 (July 28, 2006); as amended by Final Rulemaking published at 57 DCR 980 (January 22, 2010); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3030

5-E DCMR § 3031 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3031

5-E DCMR § 3032 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3032

5-E DCMR § 3033 [REPEALED]

History

SOURCE: Final Rulemaking published at 50 DCR 1854 (February 28, 2003); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3033

5-E DCMR § 3034 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 9089 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3034

5-E DCMR § 3035 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 9089 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3035

5-E DCMR § 3036 [REPEALED]

History

SOURCE: Final Rulemaking published at 63 DCR 9089 (July 1, 2016); as amended by Final Rulemaking published at 69 DCR 005902 (May 27, 2022). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3036

5-E31 EDUCATION OF LANGUAGE MINORITY STUDENTS

5-E DCMR § 3100 POLICY ON THE EDUCATION OF LANGUAGE MINORITY STUDENTS

3100.1 The D.C. Public Schools (“DCPS”) shall provide an appropriate, publicly supported, comprehensive Bilingual/English as a Second Language (“ESL”) program suited to the needs of DCPS Non-English Proficient (“NEP”)/Limited English Proficient (“LEP”) students.

3100.2 The comprehensive Bilingual/ESL program shall be equivalent in quality and standards to that provided to native speakers of English.

3100.3 The Superintendent shall ensure that educational services designed for NEP/LEP students will develop English language proficiency and academic skills, enabling these students to participate successfully in the general educational program of the D.C. Public Schools.

3100.4 The Superintendent shall ensure the integration and full access of language minority students to all educational programs, services and extracurricular activities of DCPS.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of an Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 40 DCR 6948 (October 1, 1993).

5-E DCMR § 3101 IMPLEMENTATI0N OF POLICY

3101.1 The Superintendent shall establish and implement uniform procedures for the identification of NEP/LEP students.

3101.2 The Superintendent shall establish and implement uniform procedures for the assessment of NEP/LEP students in order to provide them with appropriate instructional programs, including native language instruction whenever necessary and reasonably practicable.

3101.3 The Superintendent shall develop and implement procedures for the placement of language minority students into appropriate educational programs.

3101.4 The Superintendent shall develop and implement procedures for an annual review of the English language proficiency of NEP/LEP students in the DCPS.

3101.5 The Superintendent shall develop and implement exit criteria for NEP/LEP students enrolled in Bilingual or ESL programs.

History

SOURCE: Final Rulemaking published at 40 DCR 6948 (October 1, 1993).

5-E DCMR § 3102 NOTICE TO PARENTS

3102.1 The Superintendent shall provide all information supplied to D.C. Public schools parents/guardians to the parents/guardians of language minority students in their home language, whenever reasonably practicable.

3103.3 The Superintendent shall communicate all information to parents/guardians of NEP/LEP students concerning their child’s NEP/LEP evaluation and educational services in their home language.

History

SOURCE: Final Rulemaking published at 40 DCR 6948, 6949 (October 1, 1993).

5-E DCMR § 3103 GRIEVANCE PROCEDURES

3103.1 The Superintendent shall provide language minority parent/guardians the right to grieve any alleged violations of this chapter or other Board of Education rules, Superintendent’s directives or DCPS policies pursuant to § 2405.

History

SOURCE: Final Rulemaking published at 40 DCR 6948, 6949 (October 1, 1993).

5-E DCMR § 3199 DEFINITIONS

3199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Bilingual Education Program - defined as appropriate, comprehensive instruction which includes content-based instruction in the student’s native language, as well as in English.

Home Language - defined as the language(s) primarily used at home. English as a Second Language (ESL) Program - defined as the program of instruction designed to develop the English language proficiency of the student through content area coursework.

Language Minority Student - defined as a student who understands or speaks a language other than English which was learned from his or her family background, or a student with a family background where a language other than English is spoken in the home.

Native Language Instruction - defined as a program of instruction in a student’s native language designed to develop cognitive skills.

Non-English or Limited English Proficient (NEP/LEP) Student - defined as a language minority student with a non-English/limited-English language proficiency that does not allow the student to participate in the general program of the school.

History

SOURCE: Final Rulemaking published at 40 DCR 6948, 6949 (October 1, 1993).

5-E35 SCHOOL BUILDING AND GROUNDS

5-E DCMR § 3500 GENERAL POLICY

3500.1 The provisions of §§ 3500 through 3508 are adopted pursuant to the District of Columbia Board of Education Leasing Authority Act of 1982, D.C. Law 4-158, D.C. Official Code § 38-401 (2001), and other provisions of the D.C. Code which vest the control of all public school buildings and grounds in the Board of Education.

3500.2 The jurisdiction of the Board of Education shall include all uses of public school buildings and grounds, regardless of the purpose for which the space is used, or the agency, individual, or organization using the space.

3500.3 Public school buildings and grounds shall include those portions of buildings and school grounds which are designated by law or design for use by other government agencies or non-public school organizations unless the facilities are separate entities which operate independently of heating plants, utilities, and security systems which serve the portion of the buildings and grounds operated by the Board of Education.

3500.4 Control of public school buildings and grounds by the Board of Education does not extend to the ownership of the fee of the land or the building(s) thereon. The legal title to real property under the control of the Board of Education is vested in the District of Columbia, a municipal corporation.

3500.5 The Board of Education shall not have authority to sell the real property under its control and jurisdiction. In order for any real property under the control of the Board of Education to be sold, the building or property must first be released from the control of the Board of Education to the Government of the District of Columbia, pursuant to the provisions of this chapter.

3500.6 The control of the public schools in the District of Columbia by the Board of Education shall extend to include the negotiation and approval of use, license, and lease agreements, with or without monetary consideration, with respect to the use of public school buildings and parts thereof and the grounds appurtenant thereto, and land intended for such use, pursuant to the provisions of this chapter.

3500.7 The first priority for use of public school buildings and grounds shall be given to the programs, activities, and needs (educational and/or administrative) of the District of Columbia Public Schools. Activities and programs conducted under the name or auspices of the District of Columbia Public Schools, whether operated by School System personnel or those of an outside organization or agency working cooperatively with the School System, shall be considered to be among this first priority. Use of buildings and grounds for such priority purposes shall not be governed by the provisions of this chapter pertaining to use agreements and leases.

3500.8 Any outside use or lease of public school buildings and grounds on a joint occupancy basis shall complement and be compatible with the educational needs of existing District of Columbia Public Schools’ programs.

3500.9 Public school buildings shall not be used by or leased to private or parochial schools to operate an elementary or secondary program in any neighborhood in which the presence of such school would be incompatible with the local public school or the presence of which would adversely affect enrollment in the local public school; provided, that this shall not preclude interim use of a public school building during such time as a private or parochial school located in the same community is undergoing renovation.

History

AUTHORITY: Unless otherwise noted, the authority for the chapter is § 2(e) of the District of Columbia Board of Education Leasing Authority Act of 1982, D.C. Law 4-158, codified at D.C. Official Code § 38-401 (2001).
SOURCE: Final Rulemaking published at 30 DCR 5849 (November 11, 1983).

5-E DCMR § 3501 PERMISSIBLE USES OF BUILDINGS AND GROUNDS

3501.1 The Board of Education may grant the use of or lease public school buildings and grounds by or for any of the following persons, organizations or agencies:

(a) Any agency or agencies of the District of Columbia Government, the United States Government, or any international organization;

(b) Any person or organization providing an educational or recreational program involving students of the D.C. Public Schools, other children, youth, or adults;

(d) Any person or organization conducting civic meetings for the free discussion of public questions;

(e) Any person or organization operating a social center, including, but not limited to, the following:

(1) A pre-school center, child development center, or day care center;

(2) A health clinic or a counseling service;

(3) A community service program;

(4) A community-based consumer cooperative; or

(5) A studio or workshop for instruction, display, performance, or promotion of the arts, or for other art-related purposes;

(f) Any person or organization operating a playground or center for recreational activities; or

(g) A person or organization for any other use considered to be compatible with the normal use of the particular property and in the best interests of the local community, other than industrial uses, and which does not require major structural renovations at cost to the District of Columbia Government to implement a particular agreement or lease.

3501.2 Among those listed in § 3501.1, preference shall be given to agencies of the District of Columbia Government; provided, that the use is pursuant to an executed use agreement or lease and that the use is compatible with existing School System programs.

History

SOURCE: Final Rulemaking published at 30 DCR 5849, 5850 (November 11, 1983).

5-E DCMR § 3502 PROHIBITED USES OF BUILDINGS AND GROUNDS

3502.1 No use or lease shall be made of any public school buildings and grounds which unlawfully discriminates against any person on the grounds of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, citizenship status, family responsibilities, matriculation, political affiliation, handicapping condition, or any other basis of unlawful discrimination under the laws of the District of Columbia.

3502.2 Public school buildings and grounds shall not be used or leased for any purpose that violates the Establishment Clause of the First Amendment to the United States Constitution. In making a determination as to whether any particular use violates this requirement, the nature and purpose of the intended use, not the identity of the user or lessee, shall be controlling. In any event, all costs attendant to any use or lease by a church, temple, or religious-affiliated organization of public school premises shall be borne by the user or lessee.

3502.3 The buildings and grounds of the D.C. Public Schools may be used or leased by parochial and private schools for sponsoring athletic contests only if the sponsoring parochial or private school is located within the District of Columbia and the majority of the students attending the sponsoring school are residents of the District of Columbia.

3502.4 The sale or consumption of alcoholic beverages shall be prohibited at public school buildings and grounds where students are in regular attendance during any part of the day. In those buildings that are entirely leased pursuant to this chapter, alcoholic beverages may only be dispensed or sold if the appropriate license is first obtained from the Alcoholic Beverage Control Board.

3502.5 The use of tobacco and tobacco products on public school premises shall be prohibited at all times, except that adults may use tobacco and tobacco products in designated smoking areas on public school premises established pursuant to guidelines promulgated by the Superintendent of Schools.

3502.6 For purposes of this section, “public school premises” shall be defined as any buildings and grounds, or portion thereof, owned or leased by the District of Columbia government and used by the Board of Education for its programs, offices, or activities. Notwithstanding any other provisions in this title, students shall not be permitted to use tobacco or tobacco products, on public school premises, at any time.

3502.6 All users and lessees of public school buildings shall adhere to the restrictions imposed by the District of Columbia Smoking Restriction Act of 1979, D.C. Law 3-22, D.C. Official Code § 7-1701 et seq. (2001), and the regulations and guidelines issued pursuant thereto.

3502.7 Gambling shall be prohibited in public school buildings and on public school grounds; except that, the holding of bingo games and raffles pursuant to regulations promulgated by the District of Columbia Lottery and Charitable Games Control Board shall be permitted if approved in advance by the building administrator and, where necessary, in accordance with the provisions of this chapter governing use agreements and leases.

3502.8 Public school buildings and grounds shall not be used or leased for animal shows, circuses, or similar travelling shows.

3502.9 Outside entities that use public school grounds pursuant to a use agreement or lease shall not make any permanent installation or improvement thereon without prior written approval by the Superintendent or his or her designee.

3502.10 No user or lessee of a school building shall be permitted to erect a sign or sign on the exterior of the premises without prior written approval of the Superintendent or his or her designee.

History

SOURCE: Final Rulemaking published at 30 DCR 5849, 5851 (November 11, 1983); as amended by Final Rulemaking published at 37 DCR 6811 (October 26, 1990).

5-E DCMR § 3503 USE OF BUILDINGS AND GROUNDS BY SCHOOL-RELATED ORGANIZATIONS AND ADVISORY NEIGHBORHOOD COMMISSIONS

3503.1 The following school-related organizations shall be granted the privileges stated in §§ 3503.2, 3503.3 and 3503.4:

(a) Parent-Teacher Associations (PTA) or Home and School Associations (HSA) which are duly recognized by the local school administration pursuant to guidelines issued by the Superintendent of Schools;

(b) Neighborhood School Councils established pursuant to § 401 of this title;

(d) Community, parental and school advisory committees, established pursuant to federal or local law;

(e) City-wide educational organizations or local affiliates of national educational associations which are recognized by the Superintendent of Schools; and

(f) Organizations that provide volunteers to render support services in the school system which are recognized by the Superintendent of Schools.

3503.2 School-related organizations shall be granted the use of public school buildings and grounds, other than those leased pursuant to § 3505, without charge for one (1) meeting per month during non-school hours, pursuant to time and space provisions set forth in guidelines issued by the Superintendent of Schools.

3503.3 The Superintendent of Schools may require that the monthly meetings be held at a school other than at the local school with which the organization is associated when regional facilities are available at a reasonable distance from the local school and when such use is more economical; provided, that one (1) regional facility shall be established in each election ward of the City.

3503.4 School-related organizations may use public school buildings and grounds, other than those leased pursuant to § 3505, during school hours without charge for meetings, committee meetings, or other purposes which do not conflict with the operation of the school and where such use does not incur additional cost to the Board of Education. Designation of local school hours for each building and other guidelines for such use shall be issued by the Superintendent of Schools.

3503.5 Advisory Neighborhood Commissions may use local schools for regularly scheduled meetings at no charge; provided, that they vacate the building no later than fifteen (15) minutes prior to the end of the regular shift of the engineer/custodian charged with the responsibility of closing that school.

3503.6 If a Commission desires use of a school building for offices, the Commission shall execute a use agreement pursuant to § 3504.

3503.7 Use of public school buildings and grounds, other than those leased pursuant to § 3505, by school-related organization and Advisory Neighborhood Commissions shall be granted upon the approval of the Superintendent of Schools or his or her designee, pursuant to uniform guidelines issued by the Superintendent of Schools, which shall provide for the local school administrator to make a recommendation thereon.

History

SOURCE: Final Rulemaking published at 30 DCR 5849 (November 11, 1983).

5-E DCMR § 3504 USE AGREEMENTS

3504.1 Use of public school buildings and grounds by non-public school related organizations, individuals, or other agencies of the District of Columbia Government, shall be granted pursuant to the provisions of §§ 3500, 3501, and 3502, and this section.

3504.2 For purposes of this section, “use agreement” shall be defined as an agreement, not of the character of a leasehold estate, pursuant to which individuals, organizations, and agencies may be permitted use of school buildings and grounds before, during, and after school hours or on the weekend for single or multiple events.

3504.3 The use of the following facilities in school buildings shall be permitted, at the discretion of the Superintendent or his or her designee, upon the execution of a use agreement:

(a) Gymnasiums;

(b) Auditoriums;

(d) Multi-purpose rooms;

(e) Cafeteria dining areas;

(f) Locker rooms;

(g) Media centers;

(h) Hallways and corridor; and

(i) Restrooms.

3504.4 The use of the following facilities in school buildings may not be permitted pursuant to a use agreement:

(a) Boiler and mechanical equipment rooms;

(b) Plennum chambers;

(d) Maintenance and custodial areas;

(e) Kitchens and kitchen equipment, except as provided in § 3504.15;

(f) Roofs;

(g) Attic spaces;

(h) Teacher and employee lounges; or

(i) All offices.

3504.5

(a) Use of public school buildings and grounds pursuant to a use agreement shall be granted only when the use is without cost to the Board of Education or when the costs are reimbursed to the Board of Education by other agencies of the Government of the District of Columbia; provided, that the Superintendent of Schools for short-term use agreements and the Board of Education for long-term use agreements may accept in-kind services to the School System in lieu of all or part of the custodial, utility, and operational expenses attendant to providing the space.

(b) Notwithstanding any other provision of law, a civic association may enter into a use agreement to use a District of Columbia Public Schools school building for a regularly scheduled meeting at no charge; provided, that

(1) The use of the school building does not impose a cost on the District, except for the costs of custodial and security services; and

(2) A civic association shall not enter into a use agreement to use a District of Columbia Public Schools school building for more than twelve (12) regularly scheduled meetings in a calendar year.

3504.6 All use agreements which extend for a period of one (1) year or less shall be defined as short-term use agreements and are subject to the approval of the Superintendent of Schools or his or her designee.

3504.7 Use agreements for multiple events which extend for a period of more than one(1) year shall be defined as long-term use agreements and shall be subject to the review of the Board of Education as provided in § 3504.9.

3504.8 Notwithstanding §§ 3504.6 and 3504.7, fund-raising activities may only be permitted use of public school buildings and grounds upon the written recommendation of the Superintendent of Schools and the approval of the Board of Education; except, in those instances where the activity is a one-time event, such use may be approved by the Superintendent or his or her designee without advance approval of the Board. Although approval by the Board of such one-time events is not required, the Superintendent shall provide written notice to all Board Members of the requested use at least seventy-two (72) hours prior to approval.

3504.9 No later than thirty (30) days prior to the intended execution of long-term use agreement, the Superintendent shall so notify the Board of Education of his or her intention to execute it. The Board may, within thirty (30) days after receiving the notice, direct the Superintendent not to execute the agreement; provided, that the failure to so direct the Superintendent within the thirty (30) days shall vest the Superintendent with the discretion to proceed with the agreement. In any event, the Board shall approve the acceptance of any in-kind services in lieu of receiving payment for expenses attendant to providing the space.

3504.10 All long-term use agreements shall be reviewed annually and may be extended, modified, or cancelled subsequent to the review. No long-term use agreement shall contain any provision for automatic extension beyond the original term of the agreement.

3504.11 Grants of use and use agreements shall be valid only with respect to the original grantee. Grants of use and use agreements shall be non-transferable and non- assignable and shall make no provision for the designation of any sub-grantee by the user.

3504.12 All use agreements shall be signed by the Superintendent of Schools or his or her designee.

3504.13 A copy of all long-term use agreements shall be provided to the Board of Education upon execution.

3504.14 All long-term use agreements shall be subject to cancellation by the Board of Education, upon the written recommendation of the Superintendent of Schools, at any time for violation of the provisions of this chapter, violation of any provision of the use agreement, a finding by the Board of Education that the use conflicts with the priority needs of the School System, or other reasonable cause, after written notice to the user.

3504.15 The use of cafeteria or kitchen facilities shall be granted pursuant to guidelines established by the Superintendent of School; provided, that specific provision is made for such use in the language of the use agreement. Whenever the kitchen, cafeteria, or serving counter areas within a public school is to be used for any purpose other than in connection with the regularly scheduled student feeding programs, such use shall be coordinated in advance with the Director of the Division of Buildings and Grounds and with the Director of the Food Services Branch or other responsible school official(s) designated by the Superintendent of Schools.

3504.16 Each use agreement executed pursuant to this chapter shall include provisions for at least the following items:

(a) The name of the individual, organization, or agency with which the agreement is made;

(b) The name, title, and authority of the person(s) responsible for the use of the building or school grounds and the designated contact person(s);

(d) The specific times, dates, or other appropriate designation of the period(s) of use;

(e) The specific use(s) covered by the agreement;

(f) A listing of the general restrictions and conditions provided by this chapter and any other specific conditions and restrictions applicable to the particular grant of use;

(g) A description of the costs or estimated costs related to the grant of use and specific provision for the payment or reimbursement of the costs, including all costs for custodial services supplies, heat or air-conditioning, utilities, telephone service, and repairs or modifications to existing structures;

(h) The assignment of risk and liability for damages and personal injury, including any requirement for insurance coverage; and

(i) Incorporation of the applicable provisions of this chapter in the agreement by reference.

3504.17 Where appropriate, provisions of the use agreement with regard to cost may stipulate a fee based on cost per square foot, a pro-rata fee for maintenance and repairs, or other appropriate form of cost allocation, reimbursement, or payment, including the provision of in-kind services, for the cost of the use of buildings and grounds.

History

SOURCE: Final Rulemaking published at 30 DCR 5849, 5857 (November 11, 1983); as amended by the Use of a Public Building by a Civic Association Act of 2018, effective October 30, 2018 (D.C. Law 22-0168; 65 DCR 9388 (September 14, 2018)). District of Columbia Municipal Regulations Education, Original Title 5 5-E DCMR § 3504

5-E DCMR § 3505 LEASING OF BUILDINGS AND GROUNDS

3505.1 For the purposes of this section, the following definitions shall apply:

(a) Joint Occupancy Lease: A lease pursuant to which a public school building concurrently houses both an activity of a tenant and an on-going D.C. Public Schools’ activity;

(b) Co-tenancy: When two (2) or more tenants rent from the School System, pursuant to individual leases, part of one (1) school building, the entirety of which would otherwise Public Schools’ activities. A tenant who occupies a space in a building pursuant to a joint occupancy lease may not sublease a portion of that space so as to create a co-tenancy; and

(c) Net Lease: A lease pursuant to which one (1) tenant rents an entire school building that would otherwise be vacant and not needed to house D.C. Public Schools’ programs, and which a tenant pays, in addition to the rental payment to the Board of Education, all expenses attendant thereto. The expense shall include, but need not be limited to, taxes, insurance, interior and exterior repairs, utilities, water, solid waste disposal, maintenance, and upkeep.

3505.2 Public school buildings and grounds may be leased by the Board of Education, in whole or in part, in accordance with the provisions of this section.

3505.3 Any lease negotiated in accordance with this section shall be duly approved by the Board of Education voting in public session, upon the recommendation of the Superintendent of Schools. Any lease so approved shall be signed by the Superintendent of Schools or his or her designee on behalf of the Board of Education.

3505.4 Any school building to be leased in its entirety (whether or not to one or more tenants) shall have been identified by the Superintendent of Schools as vacant and projected not to be needed to house public school programs or operations for a period of at least ten (10) years. The buildings shall be leased only on a net lease basis.

3505.5 In determining to whom to lease entire buildings, the Superintendent shall consider the ability of prospective tenants to make rental payments and to cover any and all expenses attendant to net leases.

3505.6 Any school building to be leased in part while maintaining public school programs or operations in the remainder of the building shall have been identified by the Superintendent of Schools as containing space that is vacant, projected not to be needed to house public school programs and operations for a period of at least two (2) years, and is situated in a portion or section of the building that can be isolated and separated from any educational program being operated elsewhere in that building.

3505.7 The leasing of space pursuant to a joint occupancy lease shall take into consideration building capacity, actual and projected enrollment, and the manner in which the available space can be best utilized to accommodate activities that would be complementary and ancillary to the educational program of that school.

3505.8 As entire school buildings are identified by the Superintendent of Schools as suitable for leasing in accordance with this section, the District of Columbia Government shall be notified and requested to apprise the Board of Education of its needs and requirements.

3505.9 If the District of Columbia Government communicates an interest in leasing identified space, the Board of Education shall endeavor to match available space with the needs of individual Government agencies, taking into account the commitment of the District of Columbia Government to adequately assume the cost of leasing and operating such buildings.

3505.10 In determining how to lease space in buildings partially or entirely vacant, the Superintendent shall give due consideration to the views of the community in which the building is located, to be solicited as follows:

(a) The Superintendent shall provide thirty (30) days advance written notice of the School System’s intent to lease part or all of a school building to the local school community, including neighborhood school councils, parent-teacher organizations, Advisory Neighborhood Commissions, and citizen or civic organizations that are active in the affected community and invite written comment. Any comments received shall be forwarded to the Board of Education;

(b) The Superintendent shall hold a public hearing for the stated purpose of obtaining community input and information pertinent to the proposed leasing of all or part of a school building to a specific entity; provided, that at least forty-five (45) days advance notice of this hearing shall be given to the Advisory Neighborhood Commission in whose area the school building is located and the Council of the District of Columbia; provided further, that the notice shall be published once in the D.C. Register and once a week during the forty-five (45) day notice period in a newspaper of general circulation; provided further, that this forty-five (45) day notice period may be concurrent with the notice period described in § 3505.10(a); and

(c) The Superintendent or his or her designee shall be responsible for disseminating the notice, conducting the hearing, and compiling the record for transmittal to the Board of Education; provided, that in structuring the hearing, provision shall be made for the Board member in whose ward the building is located to be among those sitting and receiving comments.

History

SOURCE: Final Rulemaking published at 30 DCR 5849, 5857 (November 11, 1983); as amended by Final Rulemaking published at 37 DCR 6944 (November 2, 1990); and by Final Rulemaking published at 38 DCR 7202 (November 29, 1991).

5-E DCMR § 3506 PRIORITY OF LESSEES

3506.1 Beyond the priority to be accorded agencies of the District of Columbia Government for leasing of available space in accordance with §§ 3505.8 and 3505.9, the Board of Education shall rent entire buildings to those organizations or entities that will use the space in a manner most beneficial to the School System and its educational programs, in accordance with the following priority of users in descending order of preference:

(a) Programs (publicly-supported or private non-profit) which provide direct support to students enrolled in regular public school programs and which enhance their learning experience and educational opportunity; e.g., day-care and pre-school centers; public university programs; employment counseling centers;

(b) Housing for educational-related non-profit organizations whose efforts are designed to provide services to students and/or staff of the D.C. Public Schools, and community programs (publicly-supported or private non-profit) that are providing services to students enrolled in a regular school program or to the community at large;

(d) Commercial and service enterprises.

3506.2 Beyond the priority to be accorded agencies of the District of Columbia Government in accordance with § 3505.8 for leasing of space in buildings jointly occupied by on-going public school educational programs, the Board of Education shall rent space, pursuant to joint occupancy leases, to those organizations or entities that will use the space in a manner most beneficial to the School System and its educational programs in accordance with the following priority of users in descending order of preference:

(a) Educational programs (publicly-supported or private non-profit) which will support services provided to students and staff in that building and which are compatible with the on-going educational program;

(b) Programs which are community-oriented, the presence of which will enhance the surrounding community and are compatible with the on-going educational program; and

History

SOURCE: Final Rulemaking published at 30 DCR 5849, 5859 (November 11, 1983).

5-E DCMR § 3507 TERMS AND CONDITIONS OF LEASES

3507.1 The rent to be charged pursuant to net, co-tenancy, and joint occupancy leases shall be based upon the appraised fair market rental value as established by a professional assessor to be selected by the Superintendent; provided, that in those instances where the Board of Education determines there to be a value to services to be provided supplementary to the educational programs of the School System, the Board may credit such in-kind services to the fair market rental value; provided, that the Board of Education must, by a two-thirds (2/3) vote, agree to charge rent in an amount less than the fair market value; provided, that the Board of Education shall publish an explanation of the basis on which it decided to forego rent in the D.C. Register and the public shall be allowed to comment on this decision; provided further, that in no event, shall in-kind service credits reduce rental payments below the following levels:

(a) The cost of operating the leased premises, for those lessees who directly support the educational programs of the D.C. Public Schools; or

(b) The full ownership costs of the leased premises, consisting of operating costs plus indirect costs, for any lessees other than those described in § 3507.1(a).

3507.2 In order for credit to be given for in-kind services, the prospective tenant shall make a written request stating therein the estimated value of the services. The Superintendent shall review this request and advise the Board as to whether or not the Administration agrees with the estimated value contained therein prior to the Board’s vote in regard to providing rental credit for the in-kind services in question. The credit for in-kind services must be reapplied for each year. In order for credit to be given for facility improvements, the following requirements shall be met:

(a) Improvements may only be credited against rent due if they are expected to outlast the anticipated term of the lease in question;

(b) Rental payments shall not fall below the levels set out in § 3507.1; and

(c) Credits granted for improvements may be carried over into subsequent years if the limitation of § 3507.2(b) prevents full amortization.

3507.3 Any prospective lessee shall be responsible for compliance with all zoning regulations (or obtaining a variance therefrom); as well as compliance with Federal and local codes governing safety, health, and the environment. If an occupancy permit is required pursuant to the District of Columbia law and regulations, it shall be the responsibility of the lessee to obtain the permit. All cost attendant thereto shall be borne by the lessee.

3507.4 The lessee shall submit proof of compliance with § 3507.5 and § 3507.6 to the Superintendent or his or her designee.

3507.5 Other than for District of Columbia and Federal agencies, all lessees shall obtain and keep in effect the following insurance coverage:

(a) Public liability insurance in the amount of one million dollars ($1,000,000) for bodily injury per person and three million dollars ($3,000,000) maximum per accident;

(b) Property damage insurance in the amount of two hundred thousand dollars ($200,000) for any one accident and an aggregate of five hundred thousand dollars ($500,000); and

(c) Fire and extended coverage insurance for a minimum of one hundred percent (100%) of the value of the improvements on the property.

3507.6 Leases for terms exceeding five (5) years shall require that the insurance to be obtained provide for escalation clauses in its coverage, as deemed sufficient by the Superintendent of Schools or his or her designee.

3507.7 Evidence of procurement of the insurance or a binder to the effect that the coverage will be provided upon the execution of the lease shall be submitted to the Superintendent or his or her designee.

3507.8 The Superintendent or his or her designee shall maintain a listing of insurance carriers known to the School System which have provided coverage as stipulated in §3507.7.

3507.9 All leases shall contain appropriate language to hold the Board of Education and its employees and agents harmless as to any and all claims, demands, suits, or other liability arising from the use of space leased to a tenant.

3507.10 As a condition to entering into a lease, the Superintendent or his or her designee may require that the lessee provide additional personnel and/or hardware to secure the building from potential vandalism. In this regard, the Board of Education reserves the right for the Superintendent or his or her designee to make periodic inspections at reasonable times.

3507.11 Other than for net leases, tenants shall not have control of keys to outside doors to buildings.

3507.12 In negotiating leases, the Superintendent or his or her designee may require a security deposit.

3507.13 The Superintendent shall insure that the initial terms of net and co-tenancy leases are for a period of time consistent with the projected space needs of D.C. Public School programs and operations; provided, that the Board of Education shall reserve the right to terminate a lease for convenience upon six (6) months written notice served upon the lessee(s) or, if for cause, upon sixty (60) days advance written notice.

3507.14 Joint occupancy leases shall be for a minimum term of one (1) year, subject to extensions from year-to-year thereafter; provided, that the Board of Education shall reserve the right to terminate such lease for convenience upon six (6) months written notice or, if for cause, upon sixty (60) days advance written notice.

3507.15 For the purpose of serving notice pursuant to §§ 3507.13 and 3507.14, violation of any material provision of the lease or non-payment of rent when due shall be cause for termination of the lease.

3507.16 If at any time, the Board of Education acting pursuant to this chapter votes to release from its control the leased premises for use or other disposition by the District of Columbia Government, the Board of Education may terminate any existing lease covering in whole or in part the premises upon a minimum of ninety (90) days written notice to the lessee.

History

SOURCE: Final Rulemaking published at 30 DCR 5849, 5860 (November 11, 1983); as amended by Final Rulemaking published at 37 DCR 6944, 6945 (November 2, 1990).

5-E DCMR § 3508 ADMINISTRATION OF USE AGREEMENTS AND LEASES

3508.1 Except to the extent specifically reserved to the Board of Education by this chapter, the Superintendent of Schools, in furtherance of the responsibilities vested in him or her pursuant to the law and § 501 of this title, is delegated authority to further the needs and interests of the School System by entering into use agreements and leases. The exercise of this authority, however, is subject to the provisions of §§ 3500 through 3508 of this chapter, the oversight of which shall be the province of the Committee on Buildings and Grounds or its successor.

3508.2 The Superintendent of Schools may redelegate to subordinate officials of the School System authority vested in him or her under this chapter; provided, that the subdelegation shall be evidenced by written directive.

3508.3 In the implementation of this chapter, the Superintendent is authorized to enter into agreements and understandings with the Mayor and officials of the Executive Branch and into negotiated services contracts with contractors to facilitate and strengthen the School System’s leasing authority.

3508.4 The Superintendent or his or her designee shall establish and maintain liaison with appropriate officials within the District of Columbia Government responsible for assuring compliance with applicable codes and licensing requirements of the District of Columbia Government.

3508.5 The Superintendent or his or her designee shall have the following responsibilities:

(a) The surveying of school facilities and identification of space suitable for use or leasing;

(b) The advertising and soliciting of potential users and tenants;

(d) The negotiation of leases and use agreements;

(e) The monitoring and review of all leases and use agreements; and

(f) The submission of information necessary for the Board of Education to acquit its responsibilities under this chapter.

3508.6 Pursuant to D.C. Law 4-158, all rents, fees, and proceeds derived from leases and use agreements entered into shall be paid to the Treasury of the District of Columbia and accounted from in the general fund as a separate revenue source allocable to provide authority for the Board of Education to expend for the custody, cleaning, heating, air conditioning, lighting, maintenance, security, and improvement of public school buildings and grounds, and the management of these leases and use agreements.

3508.7 Any unobligated balance remaining ninety (90) days subsequent to the end of the fiscal year in which the revenues were received shall be transferred by the Board of Education to the debt service fund to be applied toward the repayment of capital outlay loans and interest outstanding on public school buildings and grounds acquired and held for school purposes.

3508.8 The Superintendent shall be responsible for developing priority needs of the School System for which revenues will be expended, subject to revision by the Board of Education.

3508.9 The Superintendent shall prepare for the Board of Education the report required under D.C. Law 4-158, to be submitted to the Mayor and the Council of the District of Columbia by January 15th of each year.

History

SOURCE: Final Rulemaking published at 30 DCR 5849, 5861 (November 11, 1983).

5-E DCMR § 3509 [RESERVED]

5-E DCMR § 3510 NAMING OF PUBLIC SCHOOL BUILDINGS

3510.1 School buildings shall be named by action of the Board of Education upon the written recommendation of the Superintendent of Schools.

3510.2 No school building shall be named in honor of any living persons.

3510.3 No school building shall be named in honor of any deceased person until at least two (2) years after that person’s death.

3510.4 The official name of a school building that is named in honor of any person shall include the given name or names of that person as well as the surname of that person.

3510.5 Upon the receipt of a recommendation from the Superintendent of Schools for the naming of a school building, the Board of Education shall refer the recommendation to the proper committee for consideration in public session and recommendation to the full Board.

3510.6 Upon receipt of the recommendation from the committee, the Board shall take proposed action to name the school building.

3510.7 Notice of proposed action shall be published in the D.C. Register for a period of not more than thirty (30) days prior to final action to name the school building.

3510.8 Additional notice shall be given to the organized community in the area of the school buildings and shall be delivered to the press and media.

3510.9 The existing name of any school building may be changed upon the written recommendation of the Superintendent of Schools and the action of the Board of Education pursuant to the procedures set forth in this section.

3510.10 Any person or organization may submit a proposed name or change of name of any school building to the Superintendent of Schools for consideration; however, the Superintendent shall not be required to submit any particular name or recommendation for change of name to the Board of Education.

History

SOURCE: Final Rulemaking published at 24 DCR 5673, 5686 (January 6, 1978).

5-E DCMR § 3511 LIQUOR LICENSE APPLICATIONS

3511.1 The Board of Education shall review and make determinations on whether or not to oppose applications for liquor licenses submitted by establishments operating in locations proximate to schools.

3511.2 Upon receipt of liquor license applications from the District of Columbia Alcoholic Beverage Control Board, the Superintendent of Schools shall submit reports to the D.C. Board of Education, including recommendations relative to whether or not the applications should be opposed.

3511.3 The Office of the Superintendent of Schools shall promptly forward lists of liquor license applications to Assistant Superintendents, the Director or the Division of Buildings and Grounds, and other appropriate officers for review and recommendation by stated submission dates.

3511.4 Assistant Superintendents shall be responsible for doing the following tasks:

(a) Obtaining recommendations from the principals, Neighborhood School Councils, Parent-Teacher Associations, and Home and School Associations for each school which might be affected if the liquor license application is granted by the ABC Board; and

(b) Informing the Division of Buildings and Grounds in a timely written report whether or not a protest should be filed, and the reasons therefor.

3511.5 The Division of Buildings and Grounds shall be responsible for performing the following tasks:

(a) Determining if the locations of establishments for which liquor licenses are being sought comply with current distance requirements from schools set forth in regulations promulgated to enforce the District of Columbia Alcoholic Beverages Control Act, as amended;

(b) Making recommendations to the Superintendent of Schools on whether to enter protests or non protests for each liquor license included on lists submitted be the ABC Board; and

(c) Preparing reports for the Superintendent of Schools to forward to the Board of Education in cases where a protest is being recommended. The reports shall include the following:

(1) Protest notice, on form prescribed by the ABC Board;

(2) School community area map; and

(3) Letter for signature by the President of the Board of Education to transmit the protest to the ABC Board.

3511.6 In evaluating liquor license applications, the Superintendent shall give due weight and consideration to recommendations received from the Neighborhood School Councils, Advisory Neighborhood Commissions, Parent-Teacher Associations, Home and School Associations, civic associations and concerned citizens.

3511.7 In order to equitably determine whether or not to oppose the granting of liquor licenses to establishments operating in locations proximate to schools, standards for evaluating the applications shall include, but are not necessarily limited to, the following:

(a) Propriety of the location of the establishment in relationship to the nature of the business and its surroundings;

(b) Environmental impact upon the school community of the operation of the establishment;

(d) Proximity of the establishment to a route regularly traveled by students to and from school;

(e) Proximity of the establishment to commercial enterprises routinely patronized by students immediately before or after school hours, or during lunch hours; and

(f) Previous record, if any, established by the owners or managers, in complying with the laws of the District of Columbia which govern the following:

(1) The serving of alcoholic beverages to minors; and

(2) The employment of minors in establishments where alcoholic beverages are being sold or served.

History

SOURCE: Final Rulemaking published at 32 DCR 3670 (June 28, 1985).

5-E DCMR § 3512 [RESERVED]

5-E DCMR § 3513 DESIGN AND CONSTRUCTION

3513.1 The Superintendent shall prepare an administrative procedures guide (“Guide”), updated as required, outlining procedures related to planning, design and construction of school facilities.

3513.2 The Guide shall cover the Master Plan, CIP, project planning and rules governing design and construction; provided that, “construction” shall be defined to include new construction, modernizations, additions and improvements valued at $250,000 or greater.

3513.3 The Guide shall be available to the public.

3513.4 Modifications to the Guide may be made in writing at the level of the Executive Director of Facilities or higher.

3513.5 The Superintendent shall rank all D.C. public schools for modernization according to need; provided that, rank will be assessed through consideration of each school facility’s educational adequacy, physical characteristics, physical condition, and other pertinent factors; and, provided further, that assessment criteria shall be provided to the Board and applied consistently to all D.C. public school sites. The Superintendent's ranking shall be provided to the Board for approval.

3513.6 Whole-school modernization and replacement projects shall be consistent with the Board-approved Master Plan and CIP.

3513.7 The Superintendent shall present a feasibility study to the Board for review of recommendations and approval of the approach to projects described in §§ 3513.2, 3513.6 and 3514.10 herein.

3513.8 Prior to commencement of construction documents, each whole-school modernization or replacement project shall be presented to the Board Facilities Committee for review.

3513.9 The Board shall review and approve all schematic designs and construction project plans.

History

SOURCE: Final Rulemaking published at 49 DCR 8882, 8882-83 (September 27, 2002).

5-E DCMR § 3514 PUBLIC/PRIVATE DEVELOPMENT PROJECTS

3514.1 For purposes of this section, a public/private development partnership (“PPDP”) is one in which an individual or organization, not affiliated with DCPS, partners with DCPS to utilize a DCPS-controlled real estate asset in such a manner as to produce benefits to DCPS including, but not limited to, revenue enhancement, capital improvements, and the provision of other goods and/or services which further the mission of DCPS. PPDPs may include other public entities, private entities, and/or non-profit entities, including co-locations and/or leases involving capital investments from entities other than DCPS.

3514.2 PPDPs may be entered into when the entirety of a DCPS-controlled real estate as set is the subject of the PPDP or when a PPDP will result in comprehensive physical changes to all or a portion of a DCPS-controlled real estate asset.

3514.3 DCPS may enter PPDPs to develop DCPS-controlled real estate assets for both educational and non-educational purposes.

3514.4 All PPDPs shall be developed by the Superintendent in accordance with these rules, the Superintendent's PPDP procedures, and shall be presented to the Board for final approval.

3514.5 Prior to recommending potential PPDP sites to the Board, as provided for in Section 35 14. 8 below, the Superintendent after giving thirty days' written notice in the D.C. Register, shall (a) hold public hearings as cited below, for the purpose of receiving suggestions from interested parties on potential PPDPs and adaptive reuses of DCPS-controlled real estate assets, (b) ensure Board review and approval of all sites consistent with the Superintendent's PPDP procedures; and (c) notify the single member district Advisory Neighborhood Commissioners.

3514.6 The Superintendent is required to hold at least one public hearing for unsolicited PPDP proposals that are recommended to proceed as a sole source and at least two public hearings for any unsolicited or solicited PPDP proposal recommended to proceed as an RFP or RFQ.

3514.7 After reviewing any public comments on proposed PPDP sites and suggested adaptive reuses, as provided for in Section 3514.5 above, the Superintent shall present a recommendation to the Board to proceed or not to proceed, with supporting data and information for either action.

3514.8 After reviewing any public comments received pursuant to Section 3514.7 above, the Superintendent shall recommend selected PPDP projects to the Board based solely on the benefit to DCPS according to the criteria set out in Section 3514.14 below.

3514.9 All PPDPs entered into by DCPS shall result from an open and competitive selection process, except as provided in Sections 3514.10 and 3514.13 below.

3514.10 If the Superintendent receives only one unsolicited offer to develop all or part of a DCPS-controlled real estate asset, such an offer, if accepted, may be converted into a sole source contract consistent with the Superintendent's PPDP procedures.

3514.11 If the Superintendent receives one or more than one unsolicited offer, as described in Section 3514.910 above, and determines that the offer(s) could produce benefits to DCPS including, but not limited to, revenue enhancement, capital improvements, and the provision of other goods and/or services which further the mission of DCPS, the material contents of the offers may be converted to a Request for Proposals ("RFP") or a Request for Qualifications ("RFQ") for public solicitation of competitive offers.

3514.12 If the Superintendent wishes to proceed with either a sole source contract, as described in Section 3514.10 above, or with the RFP/RFQ process described in Section 3514.11 above, the project(s) must receive specific approval from the Board prior to development of a sole source contract or the issuance of an RFP/RFQ consistent with the Superintendent's PPDP procedures.

3514.13 The provisions of Sections 3514.9 and 3514.11 above shall not apply to offers for PPDPs from universities or colleges located immediately adjacent to DCPS-controlled real estate assets, unless the Superintendent fails to reach a satisfactory development agreement with the university or college. For the purposes of this Section, the term "immediately adjacent" shall mean that one or more of the lot lines of the DCPS-controlled real estate asset abuts, or shares a common lot line with, real property owned or controlled by the college or university. However, public meetings and comment periods must be provided consistent with the Superintendent's PPDP procedures.

3514.14 Potential PPDP sites shall be studied by the Superintendent and the Board for their long-term education program use, real property asset value, underlying zoning, type of partnership and suitability, and potential benefit to DCPS from the partnership

3514.15 The Superintendent's recommendations for PPDPs shall include fiscal year of initiation, capital cost avoidance, benefits to DCPS, impact on other DCPS capital projects, and a statement that the educational adequacy of the DCPS-controlled real estate asset involved will not be compromised by the PPDP.

3514.16 The implementation of a PPDP may not, by displacing capital funds, delay modernization of school facilities assessed to be of higher priority for modernization, replacement, or other major capital improvements than the PPDP project.

3514.17 PPDP projects shall assure that at least 35% Local, Small and Disadvantaged Business Enterprise (LSDBE) participation based on either the total construction budget or equity interest in the private portion of the development.

3514.18 The Superintendent of schools shall report quarterly on the status of all PPDP projects and prepare a list of all approved or pending DCPS PPDP projects, which shall be updated each year for publication in the D.C. Register.

History

SOURCE: Final Rulemaking published at 49 DCR 8882, 8883-84 (September 27, 2002); as amended by: Final Rulemaking published at 52 DCR 8622 (September 23, 2005).

5-E36 CLOSING PUBLIC SCHOOL BUILDINGS

5-E DCMR § 3600 GENERAL POLICY

3600.1 It shall be the goal of the Board of Education to make the most efficient and practical use of its school buildings and other physical facilities.

3600.2 In order to accomplish its goal of making the most efficient and practical use of Public School buildings and other physical facilities, it is the policy of the Board of Education to investigate and determine the status of the utilization and projected use of all buildings.

3600.3 After obtaining information on the utilization and projected use of Public School buildings, the Board of Education shall determine the disposition of underutilized facilities identified by the Superintendent of Schools according to the criteria and procedures set forth in this chapter.

3600.4 The Board of Education shall consider all responsible options and alternatives to the closing of schools and shall provide for consideration of the concerns and comments of affected citizens and representative groups of citizens, pursuant to the procedures set forth in this chapter.

3600.5 First priority for utilization of Public School buildings shall be given to the programs and activities of the D.C. Public Schools.

3600.6 The approval of the Board of Education shall be required, upon the written recommendation of the Superintendent of Schools, to effect the phasing out or termination of any program utilizing public school facilities which has been established or approved by the Board of Education.

3600.7 The approval of the Board of Education pursuant to the procedures set forth in this chapter, upon the written recommendation of the Superintendent, shall be required to phase out or close any Public School building.

3600.8 Changes in the boundaries of school attendance zones required by any final action taken pursuant to this chapter shall be made in accordance with the provisions of Chapter 20.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 2 of An Act approved June 20, 1906, 34 Stat. 317, ch.3446, D.C. Official Code § 38-102 (2001).
SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169 (May 13, 1977).

5-E DCMR § 3601 PRIORITIES FOR UTILIZATION OF SCHOOLS, RELOCATION OF STUDENTS AND PROGRAMS, AND CLOSING OF FACILITIES

3601.1 Existing school buildings that have been specifically replaced by newly constructed buildings, as indicated by the designation of the project in the capital budget as a replacement, shall automatically be declared closed by the Board of Education upon acceptance of the new building from the government of the District of Columbia.

3601.2 The Superintendent of Schools shall be responsible for the relocation of students and programs housed in schools replaced and closed pursuant to § 3601.1.

3601.3 The Superintendent shall make appropriate recommendations to the Board of Education for any boundary changes required when a school is closed under § 3601.2, and shall make recommendations on the disposition of the closed building(s) pursuant to the provisions of this chapter.

3601.4 All temporary and demountable structures shall be phased out and closed as soon as students and programs housed in these structures can be relocated and appropriate boundary changes, if required, are approved by the Board of Education.

3601.5 It shall be a priority of the Board of Education to relocate students and programs from overcrowded school buildings in order to alleviate the overcrowding, and the Superintendent of Schools shall make recommendations for boundary changes, if required, in order to relocate the students and programs in the overcrowded buildings.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed rulemaking published at 23 DCR 9169, 9170 (May 13, 1977).

5-E DCMR § 3602 SURVEY OF UTILIZATION OF SCHOOL BUILDINGS

3602.1 The Superintendent of Schools shall undertake a survey of the public school buildings utilizing the criteria set forth in this section.

3602.2 The Superintendent’s Survey of Utilization of School Buildings shall include analysis of the following factors, where appropriate, and recommendations with regard to the phasing out or closing of school buildings shall be based upon the findings and analysis presented by the Superintendent:

(a) Age of building, including average age of classrooms;

(b) Condition of the facility and the repairs needed;

(d) Maintenance, utility, and physical operation costs, including cost per student;

(e) Required health and safety measures;

(f) Building location, student residential patterns, and potential new housing;

(g) Enrollment trends, actual and projected;

(h) Auxiliary facilities;

(i) Student population related to capacity;

(j) Role of the facility in the school system;

(k) Role of the facility in the community;

(l) Effectiveness of the facility to house the educational program or other services;

(m) Availability of space in other facilities to house the students, programs, and services, including the relative condition of the facilities;

(n) Articulation with other schools; and

(o) Alternative educational and non-educational uses.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9170-71 (May 13, 1977).

5-E DCMR § 3603 RECOMMENDATIONS ON PHASING OUT AND CLOSING OF BUILDINGS

3603.1 If the findings and analysis of the overall factors of utilization, as provided in § 3602, indicates that a facility is not being used in an effective and efficient manner, the Superintendent of Schools shall make appropriate and timely recommendations to the Board of Education on the phasing out or closing of the facility and the relocation of students, personnel, and programs being housed in the facility.

3603.2 If a program of activity is being housed in a public school building that meets the criteria of this chapter for relocation, but for which no suitable alternative exists, the Superintendent of Schools shall make recommendations to the Board of Education for disposition of the program or activity.

3603.3 A recommendation by the Superintendent of Schools to phase out or close a school building shall include a recommendation on the disposition of the building to be phased out or closed.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9171-72 (May 13, 1977).

5-E DCMR § 3604 [RESERVED]

5-E DCMR § 3605 SUPERINTENDENT'S RECOMMENDATIONS FOR PHASING OUT OR CLOSING SCHOOL BUILDINGS

3605.1 Public school buildings that are vacant, underutilized, or incapable of being efficiently and effectively operated may be phased out or closed by the Board of Education upon the written recommendation of the Superintendent of Schools.

3605.2 Upon the written recommendation of the Superintendent of Schools that a school building be phased out or closed, including findings and analysis required by this chapter, the Board of Education shall make a determination pursuant to the procedures set forth in this section.

3605.3 The Superintendent’s recommendations shall be referred by the Board’s Executive Secretary to the appropriate Board committee for consideration and recommendation to the Board of Education within thirty (30) days.

3605.4 The Superintendent’s recommendations shall be simultaneously forwarded by the Superintendent to the appropriate Assistant Superintendent and to the principal of each affected school for the purpose of informing the local community of the recommendations.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9172 (May 13, 1977); as amended by Final Rulemaking published at 36 DCR 180, 187 (January 6, 1989); and by Final Rulemaking published at 37 DCR 4236 (June 29, 1990).

5-E DCMR § 3606 PROPOSED SCHOOL CLOSING ACTION BY THE BOARD OF EDUCATION

3606.1 The Board of Education shall consider all of the recommendations of the Superintendent, along with the recommendations of the of the reviewing committee, and shall make proposed findings and determinations on the phasing out or closing of each of the buildings for which action has been recommended by the Superintendent.

3606.2 Determination by the Board of Education of proposed action on each recommendation by the Superintendent of Schools for phasing out or closing of a school building shall be placed on the agenda of the meeting of the Board of Education as part of the report of the reviewing committee.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9172 (May 13, 1977); as amended by Final Rulemaking published at 37 DCR 4236 (June 29, 1990).

5-E DCMR § 3607 NOTICE OF PROPOSED SCHOOL CLOSING ACTION

3607.1 For each determination of proposed phasing out or closing of a school building by the Board, a notice of proposed action shall be published in the D.C. Register.

3607.2 Notice of proposed action to close or phase out a school building shall be sent to each affected Advisory Neighborhood Commission, shall be available for review in the offices of the Superintendent of Schools, the Board of Education, the principal of each affected school, and appropriate public libraries.

3607.3 The notice issued under § 3607.2 shall include all supporting criteria, findings, and recommendations by the Superintendent.

3607.4 Copies of the notice to the community and local school groups shall be available, upon request, from the office of the Board of Education.

3607.5 The notice to community and local school groups shall be given at the same time as notice of proposed action is sent to the D.C. Register.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9173 (May 13, 1977); as amended by Final Rulemaking published at 36 DCR 180, 187 (January 6, 1989).

5-E DCMR § 3608 SPECIAL COMMUNITY MEETINGS ON PROPOSED SCHOOL CLOSINGS

3608.1 After taking proposed action and prior to taking final action on a recommendation to phase out or close a school building, the Board of Education shall hold a special community meeting to receive input and comment from the public. The meetings shall be held in accordance with the provisions of § 400 on “Community Meetings.”

3608.2 If proposed actions to close or phase out more than one (1) school building affect buildings that are located in the same general neighborhood, or special community meetings are held at a central location, these community meetings may be combined.

3608.3 A specific portion of each combined meeting shall be apportioned to each specific proposed action and the notice of the meeting shall clearly indicate the combined nature of the meeting.

3608.4 Notice of all special community meetings held pursuant to this section shall be sent to all persons on the appropriate mailing lists, all affected neighborhood schools and community groups, and to the affected Advisory Neighborhood Commission.

3608.5 The public shall be informed of the proposed action and special community meeting(s) through the press and media.

3608.6 Special community meetings shall be chaired by the Board member representing the affected community, an at-large member of the Board, the chairperson of the reviewing committee, or an officer of the Board, as designated by the President of the Board.

3608.7 The results and findings of special community meetings shall be reported to the Board of Education, prior to its taking final action, by the member of the Board chairing the special community meeting.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9173-74 (May 13, 1977); as amended by Final Rulemaking published at 37 DCR 4236, 4237 (June 29, 1990).

5-E DCMR § 3609 FINAL ACTION ON SCHOOL CLOSINGS

3609.1 The Board of Education shall take final action to approve or disapprove each proposed phasing out or closing at its next regular scheduled meeting after the special community meeting, or at a special meeting called for this purpose.

3609.2 Final action on each proposed phasing out or closing shall be taken by the Board of Education at a public meeting not less than thirty (30) days, nor more than sixty (60) days, from the date of publication of the notice(s) in the D.C. Register.

3609.3 Determination by the Board of Education of final action on each recommendation by the Superintendent of Schools for phasing out or closing of a school building shall be placed on the agenda of the meeting of the Board of Education as part of the report of the reviewing committee.

3609.4 The Superintendent of Schools shall be responsible for implementing the final action of the Board of Education.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9174 (May 13, 1977); as amended by Final Rulemaking published at 37 DCR 4236, 4237 (June 29, 1990).

5-E DCMR § 3610 DISPOSITION OF CLOSED PUBLIC SCHOOL BUILDINGS

3610.1 When possible, the determination by the Board of Education to close a school building shall include a determination of the disposition of the closed building.

3610.2 The determination of the Board of Education on the disposition of a closed school building shall be based upon the recommendation of the Superintendent of Schools.

3610.3 If no determination of the disposition of a building is made at the time final action on phasing out or closing is taken, the building shall remain under the jurisdiction of the Board of Education, pursuant to § 3610.5.

3610.4 If no determination of the disposition of a closed school building is made at the time the final action on closing the building is taken, the matter of disposition shall be referred to the reviewing committee for a timely recommendation to the Board.

3610.5 Except as provided otherwise in this section, all public school buildings, regardless of their use, shall remain under the jurisdiction and control of the Board of Education pending action by the Board declaring a building no longer needed for the direct educational purposes of the D.C. Public Schools.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9174 (May 13, 1977); as amended by Final Rulemaking published at 37 DCR 4236, 4237 (June 29, 1990).

5-E DCMR § 3611 FACTORS FOR CONSIDERATION IN THE DISPOSITION OF CLOSED BUILDINGS

3611.1 In making its determination of the disposition of a closed building, the Board of Education shall take into consideration the following factors:

(a) The suitability and need for the land that the building occupies for playground space, athletic field, construction of new facilities, parking for school system employees, or other educational purpose;

(b) The suitability and need for the building to house alternative, non-public school educational programs;

(c) The suitability and need for the building to house public school programs or offices located in space that is leased or on loan to the Board of Education;

(d) The potential need for the building to house future public school educational programs; and

(e) The potential income or other benefit to the Board of Education through the sale or lease of the building.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977), incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9175 (May 13, 1977).

5-E DCMR § 3612 BUILDINGS NO LONGER NEEDED FOR DIRECT EDUCATIONAL PURPOSES

3612.1 Buildings that are no longer needed for direct educational purposes, and for which no alternative Public School use or non-public school educational or alternative use is designated, may be declared no longer needed by the Board of Education and released from the control of the Board for use or other disposition by the government of the District of Columbia, as provided by law.

3612.2 Buildings that are no longer needed for direct educational purposes by the Board of Education, and for which no alternative Public School or non-public school educational or alternative use is designated, and buildings that are retained under the control of the Board of Education for possible future educational use, shall be re- evaluated annually by the Board of Education, pursuant to recommendations from the Superintendent of Schools.

3612.3 Buildings that are closed by the Board of Education, and for which the Board has determined that a need exists for the land occupied by those buildings, or buildings that have been declared unsafe, shall be designated to be razed.

3612.4 Any building that has been declared no longer needed by the Board of Education for direct educational purposes, and that has been released by the Board to the jurisdiction and control of the government of the District of Columbia, shall no longer be maintained with public school funds

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9175-76 (May 13, 1977).

5-E DCMR § 3613 DISPOSITION OF CLOSED TEMPORARY AND DEMOUNTABLE STRUCTURES

3613.1 All temporary and demountable structures that have been closed by the Board of Education shall be automatically declared no longer needed for direct educational purposes by the Board of Education and shall be released from the control and jurisdiction of the Board.

3613.2 Closed temporary or demountable structures shall not be further maintained with public school funds after the date of their release by the Board of Education.

3613.3 Any temporary or demountable structure declared no longer needed for direct educational purposes by the Board of Education and released from the jurisdiction and control of the Board shall be expeditiously removed by the government of the District of Columbia from land under the jurisdiction and control of the Board of Education, except as otherwise provided in this section.

3613.4 No use of a temporary or demountable structure that would require the structure to remain on land under the jurisdiction and control of the Board shall be permitted by the government of the District of Columbia without the prior approval of the Board of Education. Any temporary or demountable structure allowed to remain on public school land shall be maintained without cost to the Board.

3613.5 The determination to allow a temporary or demountable structure to remain on land under the jurisdiction and control of the Board of Education shall be based upon consideration of the following factors:

(a) Whether the land occupied by the structure is needed to meet minimum playground area requirements;

(b) The views of parents of students attending the school, school administrators, and organized parent and citizen groups in the neighborhood; and

(c) The compatibility of the proposed use of the temporary or demountable structure with school programs and operations, including possible indirect cost to the public schools.

3613.6 The use of any temporary or demountable structure, pursuant to approval by the Board under this section, shall be reviewed annually by the Board of Education, pursuant to recommendations from the Superintendent of Schools.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9176-77 (May 13, 1977).

5-E DCMR § 3614 [RESERVED]

5-E DCMR § 3615 USE OF CLOSED BUILDINGS FOR NON- PUBLIC SCHOOL PURPOSES

3615.1 Buildings that the Board of Education has declared no longer needed for its own direct educational purposes may be designated by the Board for use by non-public school individuals or organizations for educational and supplementary uses, as provided by law, this section, and the provisions of Chapter 35.

3615.2 Uses may include, but are not limited to, the following:

(a) Day care and early childhood centers;

(b) Alternative educational programs for residents of the District of Columbia; and

3615.3 All use of public schools by non-public school individuals and organizations shall be subject to annual review by the Board of Education and to recision for cause.

3615.4 All costs of operating and maintaining buildings which have been designated by the Board of Education for use by non-public school individuals or organizations, including the cost of all utilities, supplies, equipment, and services, shall be reimbursed to the Board by or on behalf of the designated user, or paid directly by or on behalf of the designated user. No building shall be operated at any net cost to the Board of Education.

3615.5 All Use Agreements between the Board of Education and any non-public school individual or organization designated as user of a closed building shall be subject to review on an annual basis.

3615.6 The Board of Education shall maintain jurisdiction over all buildings and shall retain the authority to modify, revise, or terminate any Use Agreement or building designation pursuant to the annual review process as the Board shall determine.

History

SOURCE: Final Rulemaking published at 23 DCR 10195 (June 24, 1977) incorporating by reference the text of Proposed Rulemaking published at 23 DCR 9169, 9177 (May 13, 1977).

5-E37 PROCUREMENT AND NEGOTIATED SERVICES CONTRACTS

5-E DCMR § 3700 GENERAL PROVISIONS

3700.1 The provisions of this chapter are adopted pursuant to the Educational Policy Amendments Act of 1980, D.C. Law 3-82.

3700.2 Except to the extent specifically reserved to the Board of Education by this chapter, the Superintendent of Schools, in furtherance of the responsibilities vested in him or her pursuant to law and Chapter 5 of this title, is delegated all authority to further the needs and interests of the school system by entering into procurement contracts and negotiated services agreements, subject to the provisions of this chapter.

3700.3 The Superintendent may redelegate in writing to subordinate officials of the school system authority vested in him or her by this chapter.

3700.4 Any redelegation by the Superintendent shall specifically identify the individual or individuals authorized, as contracting officers, to execute awards and to approve determinations and findings, consistent with this chapter, and to sanction procurement of supplies and services.

3700.5 The exercise of authority under this chapter shall be in accordance with the provisions of the Equal Opportunity for Local, Small, and Disadvantaged Businesses Enterprise Act of 1998(D.C. Law 12-268).

3700.6 The Board of Education, in complying with D.C. Law 12-268, is committed to an allocation of school system construction contracts and non-construction procurements for goods and services consistent with established annual goals.

3700.7 To ensure system-wide compliance with D.C. Law 12-268, the Superintendent shall submit the following reports to the Board

(a) An annual report on proposed annual system-wide Local, Small, and Disadvantaged Business (LSDBE) spending goals;

(b) An annual report on proposed plans for conducting outreach to increase the number of LSDBE vendors;

(1) the dollar volume and percentage of contracts and subcontracts awarded during the quarter to LSDBEs.

(2) Progress being made toward implementation of outreach efforts in order to meet annually established goals.

3700.8 The provisions of this chapter shall not be applicable to contracts for the lease, rental, or use of school buildings and grounds, which are governed by Chapter 35 of this title, pursuant to authority granted the Board by the District of Columbia Board of Education Leasing Authority Act of 1982, D.C. Law 4-158.

3700.9 Authority is vested in the Board of Education to enter into negotiations and binding contracts for capital construction projects authorized or begun in fiscal year 1990 or any succeeding fiscal year.

3700.10 Bids and proposals submitted under this authority shall be subject to the determination as to whether the offeror or bidder has business interests in the Republic of South Africa or Namibia. The determinations on bids and proposal shall be in accordance with D.C. Law 6-116, the “South Africa and Namibia Contracting Sanction Amendment Act of 1989.”

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 405(b) of the District of Columbia Public Postsecondary Education Reorganization Act, 88 Stat 1423, D.C. Official Code § 38-1204.5 (b) (2001); D.C. Official Code §§ 38-101 et seq.
SOURCE: Final Rulemaking published at 30 DCR 3771 (July 29, 1983); as amended by Final Rulemaking published at 34 DCR 1425 (February 27, 1987); by Final Rulemaking published at 36 DCR 7290 (October 20, 1989); and by Final Rulemaking published at 38 DCR 7203 (November 29, 1991); as amended by Final Rulemaking published at 50 DCR 1903 (February 28, 2003). EDITOR’S NOTE: D.C. Law 10-134, 41 DCR 2597 (May 13, 1994) repealed sanctions imposed on the Republic of South Africa by the Prohibition of the Investment of Public Funds in Financial Institutions and Companies Making Loan to or Doing Business with the Republic of South Africa or Namibia Act of 1983 (D.C. Law 5-50); and the South Africa and Namibia Contracting Sanction Amendment Act of 1986 (D.C. Law 6-116).

5-E DCMR § 3701 PROCEDURES FOR IMPLEMENTATION

3701.1 In the implementation of this chapter, the Superintendent shall be authorized to enter into agreements and understandings with the Mayor and officials of the Executive Branch to facilitate and strengthen the school system’s procurement authority.

3701.2 The specific procedures to be utilized by the school system to implement this chapter shall be issued by the Superintendent and be available to all contractors and specific bidders and contractors as a matter of public information.

3701.3 The specific procedures promulgated by the Superintendent shall address, but need not be limited to, the following:

(a) Competitive sealed bidding;

(b) Competitive negotiations;

(d) Information to bidders;

(e) Solicitation and submission of bids;

(f) Awarding of contracts;

(g) Contract review and approval process;

(h) Challenges to awards;

(i) Contract negotiations;

(j) Contract terminations;

(k) Small purchases;

(l) Quantum meruit payments;

(m) Suspension and debarment of prospective bidders;

(n) Confidentiality of data and trade secrets information;

(o) Conflicts of interest;

(p) Auditing of contractors’ books;

(q) LSDBE awards; and

(r) Foreign purchases.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3772 (July 29, 1983); as amended by Final Rulemaking published at 50 DCR 1903 (February 28, 2003).

5-E DCMR § 3702 APPROVAL AUTHORITY

3702.1 The Superintendent of Schools shall designate a procurement officer who shall have the primary responsibility to assure compliance with applicable laws and regulations, procedures, and the dictates of good management practice in the conduct of an effective and efficient procurement program.

3702.2 The school system shall not generally be bound by agreements or contracts made to prospective contractors by persons to whom procurement authority has not been delegated or who are lacking the approval(s) required by this section.

3702.3 Contractual commitments made by personnel lacking authority to bind the school system shall not be ratified by the Superintendent or his or her designee possessing that authority unless a determination is made, based upon records, documents, and statements submitted by the individual who made the unauthorized contractual commitment, and after review by legal counsel, that ratification of the contractual commitment is in the best interest of the school system.

3702.4 Ratification shall not preclude the school system from initiating disciplinary action against those who acted without authority to represent or bind the school system.

3702.5 All negotiated contracts shall be reviewed by and receive the written approval of a contract review committee, whose membership shall be designated by the Superintendent of Schools.

3702.6 The membership of the contract review committee (which need not be constant) shall include, but need not be limited to, the following:

(a) A representative of the Legal Services Branch;

(b) A representative of the Office of Financial Management; and

(c) A representative of the division, department, region, or office of the school system for which the negotiated supplies or services is intended.

3702.7 No contract for supplies (including equipment, furnishings, and those for which specific construction authority has been granted) or services shall be awarded unless there is prior certification by the school system’s Division of Finance that sufficient funds are available.

3702.8 Requests for services or goods exceeding twenty-five thousand dollars ( $ 25,000) not in the aggregate in value, other than for bulk purchases, shall be approved in writing by the Associate Superintendent for Financial Management.

3702.9 Requests for services and goods exceeding fifty thousand dollars ( $ 50,000) not in the aggregate in value, other than for bulk purchases, shall also be approved in writing by the Superintendent of Schools.

3702.10 Requests for the acquisition and purchase of services and goods valued five hundred thousand dollars ($500,000) or more shall be submitted in advance to the Board of Education for approval. Requests for the acquisition of services and goods valued between $100,000 and $499,999 that were not competitively solicited by the District of Columbia Public Schools shall be submitted to the Bsard of Education on a monthly basis, for informational purposes.

3702.11 The provisions of § 3702.9 in no way diminish the right of the Board to exercise its oversight authority, acting through its committee structure, to review established procurement procedures and any specific procurement, purchase, or negotiated agreement consummated by the Administration.

3702.12 The Superintendent will submit monthly to the Board of Education a listing of all contracts or agreements entered into by the District of Columbia Public Schools, which will include the following categories: contractor, contract amount, type of contract, source of funding, identify whether the contractor is a certified local, small, or disadvantaged business enterprise, type of procurement, period of performance, source of funding, number of bids received, description of contract, program office, performance measures, past performance evaluation (if applicable), and identification of subcontractors.

3702.13 The Superintendent shall certify that all contracts or agreements valued at $ 100,000 and above entered into by the District of Columbia Public Schools comply with applicable federal and District of Columbia laws.

3702.14 The Superintendent shall certify monthly that the District of Columbia Public Schools complies with the requirements of the "Small, Local, and Disadvantaged Business Enterprise Development and Assistance Emergency Act of 2005," D.C. Code §§ 2-217.01 et seq.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3772 (July 29, 1983); as amended by Final Rulemaking published 36 DCR 7290 (October 20, 1989); as amended by Final Rulemaking published at 53 DCR 2394 (March 31, 2006).

5-E DCMR § 3703 COMPETITIVE SEALED BIDDING

3703.1 Contracts exceeding the amount provided by § 3707 shall be awarded by competitive sealed bidding unless it is determined in writing by the Superintendent or his or her delegee that this method is not practicable.

3703.2 Factors to be considered in determining whether competitive sealed bidding is not practicable shall include the following:

(a) Whether specifications can be prepared that permit an award on the basis of either the lowest bid price or the lowest evaluated bid price; and

(b) Whether the available sources, the time and place of the performance, and other relevant circumstances are appropriate for the use of competitive sealed bidding.

3703.3 The Invitation for Bids shall state whether the award shall be made on the basis of the lowest bid price or the lowest evaluated bid price.

3703.4 If the lowest evaluated bid basis is used, the objective measurable criteria to be utilized shall be set forth in the Invitation for Bids.

3703.5 Adequate public notice of the Invitation for Bids shall be given at a sufficient time prior to the date set forth in the Invitation for Bids for the opening of bids.

3703.6 Adequate public notice under § 3703.5 may include publication in a newspaper of general circulation.

3703.7 Bids shall be opened publicly at the time and place designated in the Invitation for Bids. Each bid, together with the name of the bidder, shall be recorded and be open to public inspection.

3703.8 The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is either the lowest bid price or lowest evaluated bid price; provided, that this shall not preclude the school system, subsequent to the issuance of the Invitation for Bids, from making changes in quantities, specifications, delivery schedules, opening dates, and other matters by amendment to the Invitation for Bids, if necessary.

3703.9 Notwithstanding the provisions of § 3703.8, the school system may cancel an Invitation for Bids if that cancellation is in the public interest, or where there is no longer a requirement for the material or service, or where amendments to the Invitation for Bids would be of such magnitude that a new Invitation for Bids is desirable.

3703.10 In the event of a cancellation, bids that have been received shall be returned unopened to the bidders and a notice of cancellation shall be sent to all prospective bidders to whom the Invitation for Bids was issued.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3774 (July 29, 1983).

5-E DCMR § 3704 COMPETITIVE NEGOTIATIONS

3704.1 Whenever it is determined by the Superintendent or his or her designee in writing that the use of competitive sealed bidding is not practicable and advantageous, and except as provided in §§ 3706 and 3707, a contract may be awarded by competitive negotiation.

3704.2 Contracts may be competitively negotiated when it is determined in writing that the bid prices received by competitive sealed bidding either are unreasonable as to all or part of the requirements, or were not independently reached in open competition, and for which the following apply:

(a) Each responsible bidder has been notified of the intention to negotiate and is given reasonable opportunity to negotiate;

(b) The negotiated price is lower than the lowest rejected bid by any responsible bidder; and

3704.3 Adequate public notice of the Request for Proposals shall be given in the same manner as provided for Invitation for Bids.

3704.4 The Request for Proposals shall indicate the relative importance of price and other evaluation factors.

3704.5 The award shall be to the responsible offeror whose proposal is determined in writing to be the most advantageous to the school system, taking into consideration price and the evaluation factors set forth in the Request for Proposals.

3704.6 Written or oral discussions shall be conducted with all responsive offerors who submit proposals determined in writing to be reasonably susceptible of being selected for award. These discussions shall not disclose any information derived from proposals submitted by competing offerors.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3775 (July 29, 1983).

5-E DCMR § 3705 NEGOTIATED AWARD IF ALL BIDS EXCEED AVAILABLE FUNDS

3705.1 If all bids submitted pursuant to competitive sealed bidding under § 3703 result in bid prices in excess of the funds available for the purchase, a negotiated award may be made in accordance with this section; provided, that the Superintendent or his or her designee first determines in writing the following:

(a) That there are not additional funds available which would permit an award to the lowest responsive and responsible bidder; and

(b) The best interests of the school system will not permit the delay attendant to a resolicitation under revised specifications and for revised quantities.

3705.2 If there is more than one (1) bidder, competitive negotiations under § 3704 shall be conducted with the three (3) (or two (2) if there are only two) bidders determined in writing to be the lowest responsive and responsible bidders to the competitive sealed bid invitation.

3705.3 Competitive negotiations shall be conducted as follows:

(a) If discussions pertaining to the revision of the specifications or quantities are held with any potential offeror among the three (or two) bidders, all other potential offerors shall be afforded an opportunity to take part in those discussions; and

(b) A Request for Proposal based upon revised specifications or quantities shall be issued as promptly as possible, shall provide for an expeditious response to the revised requirements, and shall be awarded upon the basis of the lowest bid price or lowest evaluated price submitted.

3705.4 If, after competitive sealed bidding, it is determined in writing that there is only one (1) responsive and responsible bidder, a non-competitive negotiated award may be made to that bidder.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3776 (July 29, 1983).

5-E DCMR § 3706 NON-COMPETITIVE NEGOTIATIONS

3706.1 A contract may be made by non-competitive negotiation only when competition is not feasible or practicable, as determined in writing prior to an award and maintained in the appropriate official contract file, under procedures promulgated by the Superintendent.

3706.2 In order for a determination that competition is neither feasible nor practical to be made, one (1) of the following circumstances must exist:

(a) The amount involved in the contract does not exceed ten thousand dollars ($10,000);

(b) The public exigencies require the immediate delivery of the articles or performance of the service;

(d) The services are required to be performed by the contractor in person, and are either of a technical and professional nature or under school system supervision and paid for on a time basis;

(e) Local minority business opportunities would be fostered by limiting the advertisement of selected contracts to particular categories of contractors for particular supplies and services;

(f) No response of reasonable bid has been received from a responsible bidder; or

(g) Competitive negotiations would be impractical in light of a need to ensure the uninterrupted delivery of direct instructional or supportive educational services to students.

3706.3 Examples of situations in which competitive negotiations might be impractical under § 3706.2(g) include the following:

(a) The continuation of an instructional or educational program that has been part of the school system’s curriculum and course offerings upon the lapsing of federal or private funding in whole or in part;

(b) The provision of special education and related services appropriate to a handicapped student’s individual needs by payment of tuition to a special education school, facility, or program pursuant to law, regulation, and court orders; and

(c) The procurement of instructional equipment prior to the expiration of authority to obligate available funds in a given fiscal year.

3706.4 For there to be a public exigency that will not permit competitive negotiation, the need shall be of compelling urgency so that the school system or its students would be seriously injured financially, educationally, or otherwise if the services or supplies to be contracted for were not furnished by a certain time.

3706.5 In any event, under District law the Board is authorized to enter into reciprocal agreements for the use of equipment, materials, facilities, and services with any public or private agency for purposes deemed beneficial to the personnel system and, for the purpose of preventing duplication of effort or for the purpose of otherwise promoting efficiency and economy, to enter into agreements under which federal officers or agencies furnish services to the school system and the school system and its officers furnish services to the federal government.

3706.6 Unless prohibited by law, the school system may conduct, participate in, sponsor, or administer a cooperative purchasing agreement for the procurement of supplies or services with the District government or any other governmental unit in the Washington, D.C. area or the Metropolitan Washington Council of Governments, in accordance with an agreement entered into by the participants.

3706.7 Cooperative agreements under § 3706.6 shall not be entered into for the purpose of circumventing the provisions of this chapter, and shall be to promote efficiency and economy.

3706.8 Any governmental unit which administers or negotiates a cooperative purchase in which the school system participates must have done so in accordance with procurement procedures compatible with, if not identical to, the provisions of this chapter.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3776 (July 29, 1983).

5-E DCMR § 3707 SMALL PURCHASES

3707.1 Separate purchases, not to exceed an aggregate amount of fifteen thousand dollars ($15,000), shall be made in accordance with small purchase procedures promulgated by the Superintendent.

3707.2 Purchasing requirements shall not be artificially divided so as to constitute a small purchase.

3707.3 The manner of securing quotations and the nature and extent of documentation to be required for small purchases shall be determined by the Superintendent or his or her designee, but shall be limited to a minimum consistent with the objectives of reducing the cost of handling small purchases.

3707.4 Small purchases procedures shall not be used other than for supplies or materials or articles ordinarily available in the open market.

3707.5 To the extent feasible, solicitation of quotations shall be effected with at least three (3) sources with written response. If time constraints necessitate solicitation by telephone, written confirmation shall be obtained for any quotation received.

3707.6 Purchase orders shall be utilized to effectuate small purchases.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3778 (July 29, 1983); as amended by Final Rulemaking published at 36 DCR 7290 (October 20, 1989).

5-E DCMR § 3708 QUALIFICATIONS AND DUTIES OF BIDDERS AND OFFERORS

3708.1 In order to be determined to be responsible, a prospective bidder shall, in the opinion of the Superintendent or his or her designee, meet the following standards as they relate to the particular procurement under consideration:

(a) It shall have an established system of accounting and financial controls which will permit the effective administration of the type of contract proposed; and

(b) It shall have an identified place of business and financial resources adequate to perform the proposed contract.

3708.2 In determining the adequacy of a prospective contractor’s financial resources for the performance of the proposed contract, particular attention shall be given to the ability of the contractor to discharge his or her full financial responsibility for charges and losses of materials furnished by the school system (such as foodstuffs), when the contractor has responsibility for those materials.

3708.3 A reasonable inquiry to determine the responsibility of a bidder or offeror may be conducted.

3708.4 The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry conducted under § 3708.4 may be grounds for a determination of non-responsibility with respect to that bidder or offeror.

3708.5 Except as otherwise provided by law, information furnished by a bidder or offeror pursuant to this section shall not be disclosed outside of the school system without prior written consent of the bidder or offeror.

3708.6 Prequalification of suppliers as responsible prospective contractors for particular types of supplies and services shall be permitted.

3708.7 Solicitation mailing lists of potential contractors of particular types of supplies and services shall include, but shall not be limited to, prequalified suppliers.

3708.8 Prequalification shall not preclude a subsequent written determination that a prequalified supplier is not responsible.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3779 (July 29, 1983).

5-E DCMR § 3709 SUSPENSION AND DEBARMENT

3709.1 The Superintendent shall establish procedures consistent with this section for the suspension and debarment for cause of bidders and offerors, after reasonable notice to the person or concern involved, and reasonable opportunity for that person or concern to be heard.

3709.2 Suspension and debarment procedures may be used either to exclude or to disqualify any contractors from participating in school system contracting or subcontracting.

3709.3 The purpose of suspension or debarment is not to be punitive, but to protect the interests of the school system. Accordingly, to ensure the school system the benefits to

be derived from the full and free competition of interested bidders, these measures shall not be instituted for any longer than deemed necessary to protect the interests of the school system, and in no event shall be for longer than three (3) years, and shall preclude awards only for the possible duration of the period of non-responsibility.

3709.4 The school system shall automatically debar or suspend bidders and offerors who have been debarred or suspended by another District government agency, subject to waiver for compelling reasons.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3780 (July 29, 1983).

5-E DCMR § 3710 DURATION AND CANCELLATION OF CONTRACTS

3710.1 Unless otherwise provided in an appropriations act or approved by the Council pursuant to law, a contract for supplies or services may be entered into for a period of not more than five (5) years, if funds for the first fiscal year of the contemplated contract are available at the time of contracting.

3710.2 Any contract in excess of three (3) years shall be approved by the Superintendent.

3710.3 Payment and performance obligations for fiscal years succeeding the initial year shall be subject to the availability of funds.

3710.4 Prior to the utilization of a multi-year contract, the following shall be determined in writing:

(a) Estimated resources over the period of the contract are reasonably firm and continuing; and

(b) The contract will serve the best interests of the school system by encouraging effective competition or by otherwise promoting economies in procurement.

3710.5 When funds are not appropriated or otherwise made available to support a continuation of performance in a subsequent year of a multi-year contract, the contractor, for that subsequent year, shall be reimbursed for the reasonable value of non-recurring costs incurred but not amortized in the price of the supplies or services delivered under the contract.

3710.6 The cost of cancellation may be paid from the following:

(a) Appropriations currently available for performance of the contract;

(b) Appropriations currently available for procurement of similar supplies or services and not otherwise obligated; or

3710.7 Negotiated services contracts may be terminated for default upon written recommendation by the contract manager to the procurement officer, who shall ultimately determine whether to approve the termination prior to forwarding the notice to the contractor.

3710.8 The notice under § 3710.7 shall describe, with specificity, the acts or omissions and the extent of the resultant delay constituting the default, state the effective date of termination, and state the right to appeal set forth in § 3713.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3780 (July 29, 1983).

5-E DCMR § 3711 INSPECTION OF PLANT AND AUDIT OF RECORDS

3711.1 The school system may inspect the plant or place of business of a contractor or subcontractor under any contract awarded or to be awarded by the school system.

3711.2 The school system may audit the financial and supporting records of any person, company, or enterprise who has submitted cost or pricing data.

3711.3 The school system may audit the financial records of a contractor under any negotiated contract.

3711.4 The books and records of a contractor under a negotiated contract shall be maintained by the contractor for a period of three (3) years from the date of final payment under the contract.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3781 (July 29, 1983).

5-E DCMR § 3712 RIGHTS IN DATA

3712.1 All data first produced in the performance of a contract shall be the sole property of the school system.

3712.2 As a condition to entering into a contract, a contractor shall agree not to assert any rights at common law or in equity or to establish any claim to statutory copyright in data produced under the contract.

3712.3 In addition to the requirements of § 3712.2, the contractor shall agree not to publish or reproduce data produced under the contract in whole or in part, or in any manner or form, or to authorize others to do so, without the written consent of the school system, unless the school system has released the data to the public.

3712.4 As a further condition to obtaining a contract, a contractor must agree to grant to the school system an irrevocable, royalty free, non-exclusive license to publish, translate, reproduce, deliver perform, use, and dispose of, in any manner, any data that is not first produced or composed in the performance of the contract, but that is incorporated in the work furnished under the contract.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3781 (July 29, 1983).

5-E DCMR § 3713 CONTRACT DISPUTES

3713.1 Except as otherwise provided in the contract, any dispute concerning a question of fact arising under the contract that cannot be disposed of by agreement shall be decided by the procurement officer.

3713.2 The procurement officer shall reduce his or her decision to writing and send a copy of the decision to the contractor by certified mail (return receipt requested).

3713.3 The decision of the procurement officer shall be final and conclusive unless, within ten (10) days from the receipt of the decision, the contractor appeals to the Superintendent.

3713.4 If the contractor appeals under § 3713.3, the Superintendent shall review all submissions and documents in the file and the contract itself and, based upon the record, shall decide whether to uphold, reverse, or modify the determination of the procurement officer.

3713.5 The Superintendent shall render her or his decision on an appeal within twenty (20) days of the receipt of the appeal.

3713.6 The decision of the Superintendent shall be final and conclusive unless, within thirty (30) days of receipt of the Superintendent’s decision, the contractor files a written appeal to the D.C. Contract Appeals Board.

3713.7 The decision of the Contract Appeals Board shall be final and binding upon all parties, subject to limitations and review as may be provided by law.

3713.8 Unilateral termination by the school system may be appealed directly to the Contract Appeals Board.

3713.9 The duly promulgated procedures and rules of the Contract Appeals Board shall govern appeals to that Board.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3782 (July 29, 1983).

5-E DCMR § 3714 PROTESTS

3714.1 The procurement officer shall have authority to adjudicate protests and other controversies of actual or prospective bidders or offerors in connection with the solicitation of or selection for award of a contract.

3714.2 Any protest by an aggrieved party shall be filed in writing with the procurement officer within ten (10) days after the aggrieved party knows or should have known of the facts giving rise to that protest.

3714.3 The procurement officer shall render a decision within ten (10) days of receipt of the protest, and shall provide a copy of the decision to the protesting party that states the reasons for the action taken.

3714.4 Any appeals from the decision of the procurement officer shall be in accordance with §§ 3713.4 through 3713.9.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3782 (July 29, 1983).

5-E DCMR § 3715 NON-DISCRIMINATION IN EMPLOYMENT

3715.1 As a condition of entering into a negotiated services contract, the contractor shall not discriminate against any employee or applicant for employment because of any protected category addressed by the Human Rights Act of 1977, D.C. Law 2-38, D.C. Official Code § 2-1401.01 (2001) et seq.

3715.2 All contractors must agree to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to protected categories of discrimination.

3715.3 No recipient of services under a negotiated services contract shall be discriminated against on account of any of the protected categories of discrimination prohibited by D.C. Law 2-38.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3783 (July 29, 1983).

5-E DCMR § 3716 CONTRACTING ETHICS AND CONFLICTS OF INTEREST

3716.1 It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a school system contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee.

3716.2 No employee, officer, or Board member shall serve on the board of directors or other governing body (whether or not receiving compensation) of any contractor with whom the school system has a current contractual relationship.

3716.3 It shall be a breach of ethical standards for any employee, officer, or Board member knowingly to use confidential information for his or her actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person, or to provide that information in a manner which gives a prospective bidder or offeror an advantage over other prospective bidders or offerors.

3716.4 It shall be unethical for any employee, officer, or Board member to participate, directly or indirectly, in any proceeding; request for ruling; other determination, claim, or controversy; other particular matter pertaining to any contract; or any solicitation or proposal for a contract in which, to his or her knowledge, any of the following applies:

(a) He or she, or any member of his or her immediate family, has a financial interest therein;

(b) A business or organization in which he or she, or any member of his or her immediate family, has a financial interest as an officer, director, trustee, partner, or employee, is a party; or

(c) Any other person, business, or organization with whom he or she, or any member of his or her immediate family, is negotiating or has an arrangement concerning prospective employment is a party.

3716.5 As used in § 3716.4, the phrase “direct or indirect participation” shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or any other advisory capacity.

3716.6 Any employee, officer, or Board member who has or obtains any benefit from any school system contract with a business in which that individual has a financial interest shall report those benefits to the Superintendent.

3716.7 It is unethical for any person to offer, give, or agree to give any employee, officer, or Board member, or for any employee, officer, or Board member to solicit, demand, accept, or agree to accept from another person, a gratuity or offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, auditing, investigation, or in any other advisory capacity in any proceeding, request for ruling or other determination, claim or controversy, or other particular matter pertaining to any contract or any proposal or solicitation for a contract.

3716.8 As used in § 3716.7, the term “gratuity” means a payment, loan, subscription, advance, deposit of monies, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

History

SOURCE: Final Rulemaking published at 30 DCR 3771, 3784 (July 29, 1983).

5-E38 STATE EDUCATION AGENCY FUNCTIONS OF THE BOARD OF EDUCATION

5-E DCMR § 3800 STATE EDUCATION AGENCY POLICY

3800.1 The Board of Education, as the State Education Agency (SEA) for the District of Columbia, shall ensure the proper effecting of its inherent state responsibilities. Such responsibilities include, but are not limited to, the functions stated in Section 3801 below. The Board shall ensure that the Superintendent of Schools has sufficient resources and support to execute his/her State Education Officer duties.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is D.C. Official Code § 38-101 (2001), et seq.
SOURCE: Final Rulemaking published at 49 DCR 8877 (September 27, 2002).

5-E DCMR § 3801 STATE EDUCATION AGENCY RESPONSIBILITIES

3801.1 The Board of Education’s State Education Agency responsibilities shall include, but not be limited to:

(a) Acquisition and administration of federal grants on behalf of funding or services for all eligible local education agencies in the District of Columbia, including public, public charter and private schools.

(b) Ensuring that all local education agencies in the District of Columbia are in compliance with the provisions of the Individuals with Disabilities Education Act (IDEA).

History

SOURCE: Final Rulemaking published at 49 DCR 8877, 8877-8878 (September 27, 2002).

5-E DCMR § 3802 IMPLEMENTATION

3802.1 The Superintendent of Schools, as State Education Officer, is to implement appropriate directives to execute his responsibilities.

History

SOURCE: Final Rulemaking published at 49 DCR 8877, 8878 (September 27, 2002).

5-E DCMR § 3803 PLACEMENT IN PRIVATE SCHOOL BY SEA OF STUDENTS WITH DISABILITIES

3803.1 The SEA shall ensure that each child with a disability placed in or referred to a private school or facility by the SEA:

(a) Receives special education and related services, at no cost to the parent and in conformance with an IEP that meets the requirements of this chapter;

(b) Has all of the rights of a child with a disability who is attending public school; and

3803.2 When the SEA places a child with a disability in a private day or residential school, the LEA shall include in the child's IEP the circumstances under which the child would be eligible to return to a public school in a less restrictive environment.

3803.3 To the extent possible, the SEA shall enter into a contract or agreement with each private day or residential school in which it places a LEA student. Each such contract shall include the following requirements which the private school involved must meet:

(a) The private school shall comply with all elements of the IEP for the LEA student and shall provide, in writing, to the SEA detailed documentation of such compliance;

(b) At least quarterly, the private school shall review the progress of each LEA student toward meeting the criteria for placement of the student in a less restrictive environment. If the student has met the criteria, the private school shall inform the SEA;

(c) The private school shall allow the SEA and other District and Federal agencies, as necessary, to monitor and evaluate the education of a LEA student and shall make available to authorized SEA personnel any records pertaining to the student in accordance with District and Federal law and regulations;

(d) The private school shall allow the SEA and other District or Federal agencies, as necessary, to inspect its facilities and observe its operation at any reasonable time;

(e) The private school shall afford LEA students attending its facility all the Federal and District substantive and procedural rights held by other LEA students and shall comply with all policy statements and directives issued by the SEA;

(f) Each professional of the private school who teaches or works directly with students shall be duly certified or licensed by the jurisdiction in which the facility is located to work with the types of disabilities which the facility purports to serve;

(g) The facility shall be duly licensed or certified by the jurisdiction in which it is located in compliance with all Federal, state, and local laws. The licensure or certification must include evidence that the facility is in compliance with all applicable health, safety, and fire regulations, codes, and ordinances;

(h) The facility shall not impose any fee upon the parent or guardian of a LEA student which is specifically approved within the scope and terms of the contract between the facility and the SEA, nor shall the payment of any fees by the parent or guardian be established as a prerequisite for the acceptance of the student placement; and

(i) The facility shall agree to a written statement in the contract with the SEA that the facility does not discriminate against any employee or applicant for employment on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, matriculation, political affiliation, disability, source of income, or place of residency or business.

(j) No payment for goods received or services rendered by a private school shall be authorized without benefit of a valid written contract and submission of attendance records and any other reports requested unless the payment is required by a court order or a final administrative decision resulting from a due process hearing.

3803.4 The SEA shall not pay private schools amounts that exceed District-established rates unless such payments are required by court order or final administrative decision resulting from a due process proceeding.

3803.5 The SEA shall not contract with a private school that has been determined by a District agency or any other state or Federal agency to have engaged in any abusive or fraudulent billing practices.

History

SOURCE: Final Rulemaking published at 49 DCR 8886, 8886-88 (September 27, 2002)

5-E DCMR § 3804 IDENTIFICATION OF PERSISTENTLY DANGEROUS SCHOOLS

3804.1 The District of Columbia Public Schools acting as the State Educational Agency (SEA) shall identify, by July 1 of each year, all public schools within District of Columbia's Local Education Agencies (LEAS) and all public charter schools that are "persistently dangerous" pursuant to criteria established by the SEA and set forth in subsection (3). The identification of "persistently dangerous” schools shall not include juvenile detention facilities.

3804.2 By July 1, the SEA also shall send a letter of concern to each public charter school, LEA and school administrator whose statistics for the previous year indicate that his or her schools are at risk of being identified as persistently the following year.

3804.3 A school is determined to be persistently dangerous if the annual number of officially reported violent crimes against students, on the school grounds, during school operating hours, over a period of two consecutive years is:

(a) equal to or greater than five (5), for schools with enrollments of 500 students or less, or

(b) equal to or greater than 1% of the school's official membership, for schools with enrollments of 501 students or more, and

(c) Includes any of the crimes of murder, attempted murder, first or second degree sexual assault, assault with intent to kill, and assault with intent to commit first or second degree sexual abuse.

3804.4 The above criterion is effective beginning with the 2005 - 2006 school year.

History

SOURCE: Final Rulemaking published at 51 DCR 2711 (March 12, 2004); as amended by Final Rulemaking published at 53 DCR 4287 (May 26, 2006).

5-E DCMR § 3805 PERSISTENTLY DANGEROUS SCHOOLS TRANSFER OPTION

3805.1 A student who is enrolled at a school determined to be persistently dangerous shall have the right to transfer to a destination school within the District of Columbia’s LEAS and remain there until the originating school is no longer identified as persistently dangerous, provided such transfer is consistent with all applicable laws, including IDEA.

3805.2 The destination school shall be a public school that

(a) is not identified as persistently dangerous;

(b) is not in school improvement, under corrective action, or restructuring;

(d) has space to accommodate the student.

3805.3 A student shall not be eligible to seek a transfer under § 3805.1 if he or she is

(a) in a court-ordered educational placement; or

(b) in an alternative setting into which he or she has been placed by the LEA pursuant to expulsion from his or her school.

3805.4 The eligible student’s right to seek a transfer pursuant to this section must be exercised within 21 days following parental notification of his or her school’s designation as “persistently dangerous.”

3805.5 A transfer for reasons under this section shall be in effect until the persistently dangerous school is no longer designated as such, at which point the LEA or the destination school administrator may return the student to his or her neighborhood school

History

SOURCE: Final Rulemaking published at 51 DCR 2711 (March 12, 2004).

5-E DCMR § 3806 LOCAL EDUCATION AGENCY (LEA) NOTIFICATION AND APPEALS PROCESS

3806.1

(a) No later than June 15 of each year, the SEA shall notify the LEAs about schools that are likely to be designated persistently dangerous and provide each school with the following data used by the SEA to base its designation:

(b) The school’s official membership for the two most recent, consecutive school years, and

3806.3 The number of violent crimes against students on the school grounds, during school operating hours, for the two most recent, consecutive school years.

3806.4 The LEA shall have 10 days within which to review the data and submit to the SEA any evidence proving that a school is not persistently dangerous.

3806.5 If, after reviewing the evidence, the SEA determines that the designation is appropriate, it shall issue formal designation, pursuant to§3806, that a school is persistently dangerous.

3806.6 The LEA or the school administrator shall have the right to appeal a school’s designation, in writing, to the Superintendent, acting in his or her capacity as the State Education Officer, within 7 days of notification by the SEA.

3806.7 Appeals shall be resolved as follows:

(a) Upon receipt of a written appeal, the SEA shall convene representatives from its monitoring office and representatives of the LEA.

(b) At the meeting, the LEA shall present evidence challenging either the official membership numbers or specific reports of violent crimes, which may include a revised official membership audit for the affected school years, copies of official incident reports from the Metropolitan Police which clarify that the alleged violent crime(s) do not meet criteria established in § 3806, or official findings that show the reported crime could not be substantiated.

(c) The monitoring officer will review the evidence and make a determination if the school’s designation is still warranted.

3806.8 Appeals shall be resolved within 7 - 10 days by the Superintendent, or his or her designee, and he or she shall issue a finding on the LEA’S status in writing to the LEA and the administrator of the school in question.

History

SOURCE: Final Rulemaking published at 51 DCR 2711 (March 12, 2004).

5-E DCMR § 3807 NOTIFICATION OF PARENTS AND COMPLETION OF TRANSFERS

3807.1 The LEA shall notify parents of students at affected schools of their school’s status and the option to transfer no later than one month following a school’s designation as persistently dangerous.

3807.2 The LEA shall notify parents who intend voluntarily to transfer a student into a school that has been identified as persistently dangerous of that school’s designation and provide them with a list of alternate schools, if available, to which the student can apply.

3807.3 Pursuant to§3807.1, the SEA will recommend that each LEA provide the parent of the student seeking admission to a school identified as persistently dangerous with a copy of the school’s corrective action plan, pursuant to § 3808.1.

3807.4 Notices shall be provided in language that is understandable to all parents or guardians of students enrolled in the school, including either written translation or oral interpretation into the native language of the parents and provided by competent interpreters, unless it is clearly not feasible to do so.

3807.5 The LEA, pursuant to a parent’s written request, shall affect student transfers within twenty-one (21) calendar days following parental notification by the LEA.

History

SOURCE: Final Rulemaking published at 51 DCR 2711 (March 12, 2004).

5-E DCMR § 3808 CORRECTIVE ACTION FOR PERSISTENTLY DANGEROUS SCHOOLS

3808.1 Each LEA must develop and submit to the SEA a corrective action plan for all schools within the LEA that have been identified as persistently dangerous within twenty (20) days of a school’s final designation as persistently dangerous by the SEA.

3808.2 A school shall remain in corrective action for a period of two years, during which time the SEA will provide technical assistance to the school, pursuant to the availability of funds.

3808.3 The LEA shall report to the SEA and to parents semi-annually on the progress the persistently dangerous school is making toward the goals of its corrective action plan.

3808.4 The SEA shall remove a school's designation as persistently dangerous if the annual number of documented reported violent crimes against students on the school grounds, during school operating hours, over a period of two consecutive years following its designation is:

(a) Less than five, for schools with enrollments of 500 students or less; or

(b) Less than 1% of the school's official membership for schools with enrollments of 501 students or more; and

(c) Does not include any of the crimes of murder, attempted murder, first or second degree sexual assault, assault with intent to kill, and assault with intent to commit first or second degree sexual abuse.

3808.5 By August 1 of each year, the LEA shall notify parents of affected students when a school is no longer designated as persistently dangerous.

3808.6 The LEA shall become eligible for SEA intervention and support when any of the crimes of murder, attempted murder, first or second degree sexual assault, assault with intent to kill, and assault with intent to commit first or second degree sexual abuse is committed at a school.

3808.7 The LEA or public charter school shall be subject to the weighted policy for certain crimes, which is defined as follows:

(a) The LEA or public charter school shall automatically exceed the threshold for crime for any school year in which any of the crimes listed in 4(c) is committed and will be required to begin corrective action and will be eligible for support from the LEA and SEA if the crime is committed on school grounds, during school operating hours.

(b) The LEA or public charter school shall continue corrective action for the remainder of the school year the offense occurred, and the entire school year immediately following the offense.

(c) A school required to implement corrective action because of the commission of any of the crimes listed in 4(c) is subject to the same requirements of any other LEA or public charter school that is in year one of identification as a persistently dangerous school except for the school wide transfer option.

History

SOURCE: Final Rulemaking published at 51 DCR 2711 (March 12, 2004); as amended by Final Rulemaking published at 56 DCR 4287 (May 26, 2006).

5-E DCMR § 3809 INDIVIDUAL STUDENT VICTIM TRANSFER OPTION

3809.1 A student shall also have the right to transfer to a destination school within the District of Columbia’s LEAS if he or she has been the victim of

(a) a violent crime committed on school grounds, during school operating hours, that has been substantiated by the LEA; or

(b) a pattern of harassment or sexual harassment pursuant to §2503.2 (g) and (h) of this title, that has been perpetrated on school grounds, during school operating hours, and that has been substantiated by the LEA, pursuant to the filing of a grievance under § 2405.4 or § 2405.5 of this Title. For purposes of this subsection, a “pattern of harassment or sexual harassment” shall mean one substantiated incident of harassment that has created an intimidating, threatening or abusive environment, or two other substantiated harassment incidents.

3809.2 No later than 48 hours after an allegation pursuant to §3809.1 (l), the LEA shall provide parents with notice of the right to transfer pursuant to this section, the limitations on the right to exercise this option set forth in §3809.4.

3809.3 In the event of the alleged harassment or sexual harassment of a student enrolled in the District of Columbia Public Schools (DCPS), the notice required under §3809.2 shall also include notice of the right to file a grievance under§2405.4 or §2405.5.

3809.4 If the student is alleged to have been the victim of a violent crime perpetrated on school grounds during school operating hours, the LEA shall substantiate the alleged incident, and report its findings to the parent in no more than three days.

3809.5 If a student alleges a pattern of harassment or sexual harassment, the timeline and procedures for resolution of such grievances by the LEA provides in §2405.4 and §2405.5, shall apply.

3809.6 In the event that the LEA finds that a violent crime alleged under §3809.1(1) is not substantiated, the LEA’s notice to parents shall include notification of the student’s right to file a grievance pursuant to §2405.4.

3809.7 The parent shall have three weeks from the date of the completion of the LEA’s substantiation of allegations made under §3809.1(1) or (2) to request a transfer under the provisions of this subsection.

3809.8 The LEA shall file a cumulative report of incidents reported under this section annually with the SEA.

History

SOURCE: Final Rulemaking published at 51 DCR 2711 (March 12, 2004).

5-E DCMR § 3810 DISTRICT OF COLUMBIA STANDARDS FOR ACHIEVEMENT IN ENGLISH LANGUAGE ARTS

3810.1 The “District of Columbia English Language Arts Pre-K Through Grade 12 Standards” are adopted for use by all schools in the District of Columbia. The Standards shall be made available to the public:

(a) Upon request to the District of Columbia Public Schools Office of Academic Serivces;

(b) Through the distribution of copies to each DC public school facility; and

3810.2 The Chief State Education Officer shall develop appropriate directives to execute his responsibilities under this section.

5-E DCMR § 3811 DISTRICT OF COLUMBIA STANDARDS FOR ACHIEVEMENT IN MATHEMATICS

3811.1 The "District of Columbia Mathematics Pre-K Through Grade 12 Standards" are adopted for use by all schools in the District of Columbia. The Standards shall be made available to the public:

(a) Upon request to the District of Columbia Public Schools Office of Academic Services;

(b) Through the distribution of copies to each DC Public School facility; and

3811.2 The Chief State Education Officer shall develop appropriate directives to execute his responsibilities under this section.

5-E DCMR § 3812 DISTRICT OF COLUMBIA STANDARDS FOR ACHIEVEMENT IN SCIENCE

3812.1 The "District of Columbia Science Pre-K through Grade 12 Standards" are adopted for use by all public schools in the District of Columbia. The Standards shall be made available to the public:

(a) Upon request to the District of Columbia Public Schools Office of Academic Services;

(b) Through the distribution of copies to each DC public school facility; and

3812.2 The State Education Officer shall develop appropriate directives to execute his responsibilities under this section.

5-E DCMR § 3813 CERTIFICATES OF APPROVAL FOR NON-PUBLIC SCHOOLS AND CONTRACTUAL PROVIDERS SERVING STUDENTS WITH DISABILITIES FUNDED BY THE DISTRICT GOVERNMENT

3813.1 The Board of Education as the State Education Agency (SEA) shall issue certificates of approval to nonpublic schools or providers serving students with disabilities. The Chief State School Officer shall promulgate the appropriate Directive to implement the requirements of this Rule. The Directive shall be issued not later than thirty (30) days from the effective date of this Rule and shall include at minimum, specific directions to prospective applicants regarding the application process and the actions that will be taken by the SEA to determine approval for receiving and maintaining a Certificate of Approval.

3813.2 Certificate of Approval of nonpublic special education schools, programs provided by contractual providers

(a) The Chief State School Officer shall administer the Certificate of Approval process for nonpublic schools, or contractual providers that receive funding from the District of Columbia government to provide services to District of Columbia students with disabilities. The SEA shall issue a Certificate of Approval to a nonpublic special education school or contractual provider after determining that the school or contractual provider complies with the regulations set forth in Chapters 22, 25, 30, and 38 of Title 5 of the District of Columbia Municipal Regulations, this Section and any applicable fire safety, building code, health and sanitation requirements;

(b) A Certificate of Approval shall be for a period not to exceed three (3) years.

(c) The SEA shall develop and maintain a list of approved nonpublic special education schools and contractual providers who provide programs, and shall display the list along with appropriate information about each nonpublic special education school, or contractual provider on the Internet site of the District of Columbia Public Schools.

3813.3

(a) The initial application and the Certificate of Approval shall include the following information.

(1) Name of the school or program;

(2) Location of the school or program;

(3) The name and the address of the individual or entity responsible for governing and operating the school or program;

(4) The classification of the educational school or program to include, but not limited to, one or more of the following:

(A) Nursery School;

(B) Kindergarten;

(D) Secondary school with sequential grades specified; and

(E) Special education and related services; and

(5) Any additional information the SEA requires to ensure that the application is complete.

(b) A school or program shall operate in a manner that is consistent with the specifications recorded on the Certificate of Approval issued to the individual or entity with legal responsibility for governing and operating the school or program.

(c) The SEA may issue a provisional Certificate of Approval to schools or contractual providers that meet minimum requirements established by this Rule.

(d) When placing District of Columbia students with disabilities in a nonpublic special education school or program outside the District, the SEA may adopt a certificate of approval or license established by that jurisdiction's state education agency if the standards of that state are substantially similar to the District of Columbia's Certificate of Approval standards.

(e) In issuing Certificates of Approval to residential child care facilities, the SEA shall coordinate with the Department of Mental Health, the Department of Human Services, the Child and Family Services Agency, the Department of Youth Rehabilitation Services, and the Medical Assistance Administration of the Department of Health, or any other appropriate public agency.

3813.4 Certificate of Approval - Compliance

(a) All nonpublic special education schools or contractual providers with programs serving students with disabilities with funding provided by the District of Columbia government shall fully comply with all requirements of this Section in order to maintain their Certificates of Approval.

(b) To receive funding from the District of Columbia government in the 2007-2008 academic school year, all nonpublic special education schools or contractual providers with programs shall submit applications to the SEA by the date(s) established in the Chief State Officer's Directive and/or the application documents. The Chief State School Officer shall have discretion to accept late applications for good cause shown and may allow a school or contractual provider additional time to cure any deficiencies in the application.

(c) For the 2008-2009 academic school year and each subsequent school year, a nonpublic special education school or contractual provider 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. The Chief State School Officer shall have discretion to accept late applications for good cause shown and may allow a school or contractual provider additional time to cure any deficiencies in the application.

(d) Not later than 45 days prior to the start of each school year, a school or contractual provider granted a Certificate of Approval by the SEA shall certify its annual compliance with this Rule by filing a certificate of compliance with the SEA. The Chief State School Officer shall provide the certificate of compliance to the school or contractual provider for completion.

3813.5 Certificate of Approval - Inspection

(a) The SEA shall schedule periodic monitoring visits to each 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 Section and the Chief State School Officer's implementing Directive for the purpose of reviewing an application for the Certificate of Approval;

(2) To verify compliance with this Section and the Chief State School Officer's implementing Directive when a nonpublic special education school or program receives District of Columbia government funds for its educational program;

(3) To investigate complaints relating to this act or violations of the IDEA; and

(4) To determine compliance with DCPS regulation or to monitor program quality.

3813.6 Certificate of Approval - Renewal

(a) Nonpublic schools and contractual providers 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 Chief State School Officer shall take immediate steps to determine an appropriate placement, in accordance with the IDEA for students enrolled in schools or programs outside of DCPS. The DCPS Superintendent shall determine appropriate placement for any DCPS-funded students who attended the nonpublic special education school or program with the expired Certificate of Approval.

3813.7 Certificate of Approval - Denial, revocation, refusal to renew; or suspension

(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 Rule or applicable federal laws or regulations, except that noncompliance with the Mayor's or his designee's rate-setting process for the payment of tuition and related services to nonpublic special education schools and programs Section 112 shall not be grounds for denial, revocation, refusal to renew, or suspension;

(2) Providing false, misleading, or incomplete information, or failing to provide information requested by the SEA or DCPS;

(3) Violating any commitment made in application for a Certificate of Approval;

(4) Failing to provide or maintain the premises or equipment of the special education school or program in a safe and sanitary condition as required by applicable law or regulation;

(5) Failing to maintain adequate programs or to retain adequate, qualified instructional staff; and/or

(6) Failing within a reasonable time to provide information requested by DCPS or the SEA as a result of a formal or informal complaint or as a supplement to an initial application for a Certificate of Approval.

(b) If the SEA determines a nonpublic special education school or program is in violation of subsection (a) of this section, the SEA shall provide the nonpublic special education school or contractual provider for the program written notice of the violations before denying, revoking, refusing to renew, or suspending the Certificate of Approval.

(c) A nonpublic special education school or contractual provider found to be in violation of subsection (a) of this section, may request a hearing before an independent panel of the SEA. This request shall be in writing and submitted to the SEA within 30 days of receipt of the written notice required under subsection (b) of this section. The panel that reviews the SEA decision shall not contain any individual who participated in the decision to issue the original notice.

(d) The SEA shall hold a hearing within 30 days of receiving a written request, and shall issue its decision no later than 10 days after the hearing. The decision of the SEA panel shall be final and is not subject to appeal.

(e) Pursuant to the IDEA, while review is pending, the nonpublic special education school or program shall continue to provide special education and related services to enrolled students.

History

SOURCE: Final Rulemaking published at 54 DCR 005844 (June 15, 2007).

5-E DCMR § 3814 DISTRICT OF COLUMBIA STANDARDS FOR ACHIEVEMENT IN SOCIAL STUDIES

3814.1 The "District of Columbia Social Studies Pre-K through Grade 12 Standards" are adopted for use by all public schools in the District of Columbia. The Standards shall be made available to the public:

(a) Upon request to the District of Columbia Public Schools Office of Academic Services;

(b) Through the distribution of copies to each DC public school facility; And

3814.2 The Chief State Education Officer shall develop appropriate directives to execute his responsibilities under this section.

History

SOURCE: Final Rulemaking published at 53 DCR 5673 (July 14, 2006).

5-E DCMR § 3899 DEFINITIONS

Adequate Yearly Progress (AYP)

Making acceptable progress toward the goals defined by the State’s accountability and assessment plan.

Corrective Action

Action taken to eliminate the conditions that have led to a school’s designation as persistently dangerous.

Corrective Action Plan

A plan submitted by the LEA to the SEA describing the corrective action to be taken by a persistently dangerous school, which shall include, at a minimum analysis of the conditions under which the violent crimes occurred and specific activities planned to mitigate those conditions.

Official Membership

A school’s official enrollment on October 5 of each year, as certified by the State Education Office.

School Operating Hours

The regular operating hours established by a school, when classes are in session andor a school-sponsored event takes place on school grounds.

School Year

For purposes of this Regulation, the school year is defined as beginning on the first official day of school and ending on June first of the following year.

Students

Pre-K - 12 students who are currently enrolled in a school.

Violent Crime

Any of the following offenses, documented by an official police report, that is designated a “crime of violence” under Section 22-4501(f) of the DC Code: murder; manslaughter; first degree sexual abuse; second degree sexual abuse; malicious disfigurement of another; abduction; kidnapping; any assault with intent to kill, commit first degree sexual abuse, second degree sexual abuse, or child sexual abuse or robbery; assault with a dangerous weapon; assault with intent to commit any offense punishable by imprisonment; extortion or blackmail accompanied by threats of violence or aggravated assault.

School Grounds:

LEA-owned or leased building and land surrounding the school building,

History

SOURCE: Final Rulemaking published at 51 DCR 2711 (March 12, 2004).

5-E52 DISTRICT OF COLUMBIA HOME SCHOOLING

5-E DCMR § 5200 GENERAL PROVISIONS

5200.1 The provisions of this chapter are issued pursuant to Section 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176, D.C. Official Code § 38-2601. et seq.) (2007 Supp.) (SEOE Act), and Article II, sections 1 and 4 of an Act to provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, approved February 4, 1925 (43 Stat. 806; D.C. Official Code §§38-202 and 38-205) (2001).

5200.2 Student records, documents, correspondence, and other materials received in accordance with the provisions of this chapter shall be reviewed pursuant to the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g; the Code of Federal Regulations (CFR) 34 CFR Part 99, and any other applicable District or federal confidentiality laws or regulations.

5200.3 The purpose of this chapter is to establish procedures for home schooling in accordance with the District of Columbia’s school attendance and reporting laws and the SEOE Act, to ensure that children participating in a home schooling program receive thorough, regular education that will enable them to function as productive members of society in the 21st century.

History

SOURCE: Final Rulemaking published at 55 DCR 007988 (July 25, 2008).

5-E DCMR § 5201 HOME SCHOOLING ADMINISTRATION

5201.1 The Office of the State Superintendent of Education (OSSE) shall administer and implement the District of Columbia's Home Schooling regulations set forth in this chapter.

History

SOURCE: Final Rulemaking published at 55 DCR 007988 (July 25, 2008).

5-E DCMR § 5202 WRITTEN NOTIFICATION

5202.1 A parent or legal guardian who chooses to provide home schooling in the District of Columbia shall provide written notification on an official form developed by the OSSE which:

(a) Indicates consent to the requirements in this chapter; and

(b) Shall be submitted to the OSSE at least 15 days, not including Saturdays, Sundays, or District holidays, prior to the first date of home instruction.

History

SOURCE: Final Rulemaking published at 55 DCR 007989 (July 25, 2008).

5-E DCMR § 5203 ANNUAL VERIFICATION AND DISCONTINUATION

5203.1 For each year in which a home schooling program continues, the parent or legal guardian shall file a Home Schooling Notification Form identifying each child being home schooled, no later than August 15th of each year,

5203.2 A parent or legal guardian shall notify the OSSE in writing of any discontinuation of home schooling for any reason 15 days, not including Saturdays, Sundays, or District holidays, prior to discontinuation of home schooling.

History

SOURCE: Final Rulemaking published at 55 DCR 007989 (July 25, 2008).

5-E DCMR § 5204 HOME SCHOOLING PROGRAM

5204.1 The home schooling program for each student shall:

(a) Provide thorough, regular instruction of sufficient duration to implement the home school program; and

(b) Provide instruction that includes, but need not be limited to, language arts, mathematics, science, social studies, art, music, health, and physical education.

5204.2 Nothing in this chapter shall be interpreted to require that home schooling should include programs or methods used by the District’s public schools. Nor shall any home schooling program be required to adhere to specific curricular frameworks or any other program of instruction adopted by the District’s public schools.

History

SOURCE: Final Rulemaking published at 55 DCR 007989 (July 25, 2008).

5-E DCMR § 5205 EDUCATIONAL MATERIALS

5205.1 A parent or legal guardian who chooses to administer a home schooling program shall maintain a portfolio of home schooling materials for each child which includes evidence of the child’s current work, such as examples of the child’s writings, worksheets, workbooks, creative materials, assessments, or any other materials that demonstrate that the child is engaged in thorough, regular educational activities in a range of subjects.

5205.2 The portfolio should be maintained for at least one year and made available for review by the OSSE upon written request.

History

SOURCE: Final Rulemaking published at 55 DCR 007989 (July 25, 2008).

5-E DCMR § 5206 REVIEW OF EDUCATIONAL MATERIALS

5206.1 The OSSE may, at its discretion, request to review the portfolio of home schooling materials described in Section 5205, provided that the following requirements are met:

(a) The request is made in writing;

(b) The review is held at a time and place mutually agreeable to the representative of the OSSE and the parent or legal guardian;

(d) The purpose of the review is to ensure that the child is receiving thorough, regular home schooling instruction, consistent with this chapter.

Nothing in this section shall be interpreted to require a regular periodic review of all portfolios.

History

SOURCE: Final Rulemaking published at 55 DCR 007990 (July 25, 2008).

5-E DCMR § 5207 PARENT OR LEGAL GUARDIAN QUALIFICATIONS

5207.1 Parents or legal guardians who wish to be their children’s instructors must have a high school diploma or its equivalent.

5207.2 A parent or legal guardian who wishes to provide home schooling instruction and does not have a high school diploma or its equivalent may petition the OSSE for a waiver of section 5207.1. Such petition must provide evidence of the petitioner’s ability to provide thorough, regular education.

History

SOURCE: Final Rulemaking published at 55 DCR 007990 (July 25, 2008).

5-E DCMR § 5208 COMPLIANCE, REVIEW, AND FINAL RESOLUTION

5208.1 If upon review of the home instruction portfolio, the OSSE determines that a student is not receiving thorough, regular education consistent with the requirements set forth in this chapter, the OSSE shall provide a written Notification of Deficiencies to the parent or legal guardian, within 30 days of the review, not including Saturdays, Sundays, or District holidays.

5208.2 A parent or legal guardian must respond in writing to the written Notification of Deficiencies no later than 30 days, not including Saturdays, Sundays, or District holidays, after the date of the written Notification of Deficiencies; and provide the OSSE with a Corrective Action Plan with evidence that each deficiency has been or is being corrected. The parent or legal guardian may request a meeting with the OSSE before the Corrective Action Plan is due, to present evidence of compliance or otherwise discuss the deficiencies identified by the OSSE.

5208.3 The OSSE shall notify the parent or legal guardian in writing of the acceptance of the Corrective Action Plan with evidence that a deficiency has been corrected, or the need for further modification consistent with this chapter:

a The OSSE shall respond within 15 days of the date of the Plan, not including Saturdays, Sundays, or District holidays;

b The parent or legal guardian may request and the OSSE shall grant a meeting to discuss the OSSE response to the Plan; and

c The parent or legal guardian shall implement the Plan as approved by the OSSE.

5208.4 In the event the Corrective Action Plan fails to correct deficiencies, and the home schooling program therefore does not conform to the requirements of this chapter, the OSSE shall issue a Letter of Non-Compliance, which shall state the basis for its determination of non-compliance. Each Letter shall include a statement about the parent’s or legal guardian’s ability to seek review of the Letter with an appeal in writing to the State Superintendent of Education and the right to judicial review of a final decision by the State Superintendent of Education.

5208.5 An appeal to the State Superintendent of Education involving the Letter of Non-Compliance must be filed with the OSSE within 15 calendar days of the date of the Letter.

5208.6 A final decision issued by the State Superintendent of Education shall include a statement that the final decision may be appealed by the parent or legal guardian, to the Superior Court of the District of Columbia pursuant to D.C. Official. Code §11-921 (a) (6).

5208.7 Within 45 days of the date of a final decision issued by the State Superintendent of Education, requiring the parent or legal guardian to enroll the child or children in a public or non public school, the parent or legal guardian shall enroll the child or children in a public or non public school, unless the action is stayed by court order.

History

SOURCE: Final Rulemaking published at 55 DCR 007990 (July 25, 2008).

5-E DCMR § 5209 VOLUNTARY PARTICIPATION IN STANDARDIZED TESTING

5209.1 A child receiving home schooling may participate free of charge in the regularly scheduled standardized testing programs that are administered in the public school the child is eligible to attend.

History

SOURCE: Final Rulemaking published at 55 DCR 007991 (July 25, 2008).

5-E DCMR § 5210 ENROLLMENT IN A DISTRICT OF COLUMBIA PUBLIC SCHOOL

5210.1 Upon application of a child to enroll in a District of Columbia public school from a home schooling program, placement of the child and any credits to be awarded toward high school graduation shall be determined by evaluation. The evaluation may include administration of standardized tests, other examinations, and interviews with the child.

History

SOURCE: Final Rulemaking published at 55 DCR 007991 (July 25, 2008).

5-E DCMR § 5299 DEFINITIONS

For the purposes of this chapter, the term:

“Home Schooling” means an education program conducted, in compliance with this chapter, by the parent or legal guardian;

“OSSE” means the Office of the State Superintendent of Education, including any authorized OSSE designee.

“Parent or Legal Guardian” means a person having legal custody of a child or children; and

“Public School” means a District of Columbia public school, including public charter schools.

History

SOURCE: Final Rulemaking published at 55 DCR 007992 (July 25, 2008).

5-E53 PUBLIC SCHOOL IMMUNIZATION PROCEDURES AND REQUIREMENTS

5-E DCMR § 5300 PUBLIC SCHOOL IMMUNIZATION PROCEDURES AND REQUIREMENTS

5300.1 The Office of the State Superintendent of Education in cooperation with District of Columbia Public Schools, District of Columbia Public Charter Schools and the District of Columbia Department of Health, shall enforce immunization requirements for Public School admission, as set forth in this chapter.

5300.2 Each student attending a Public School shall be required to present valid written immunization certification documenting that the student has been successfully immunized in accordance with current Department of Health immunization requirements.

5300.3 All immunization requirements shall be established by the Department of Health, and distributed by the Public Schools, including as appropriate, advice published by public health officials and the Advisory Committee on Immunization Practices also often referred to as the ACIP.

5300.4 School officials shall maintain documentary proof of each student’s immunization certification, recorded in the student’s permanent school record. Compliance with the immunization requirements shall be verified by the appropriate school officials at the following times:

(a) All students upon entry into Kindergarten;

(b) All students entering first grade;

(d) All students upon entry into ninth grade;

(e) All students upon initial enrollment into any school; and

(f) Any student upon reenrollment into any school, after more than one year’s absence from that school.

5300.5 A student who has been admitted to a Public School and is subsequently discovered not to have all requisite immunizations, or a student who has not been immunized in accordance with the Department of Health requirements, must be notified in writing immediately, that within ten (10) school days from the date of the written notification specified in Section 5300.6(a), the student shall obtain and present certification that the required immunization has been completed; or is proceeding in accordance with the Department of Health immunization requirements, taking into account as appropriate recommendations of public health officials and the Advisory Committee on Immunization Practices.

5300.6 When school officials determine that a student is not currently immunized, the school shall immediately:

(a) Notify the parent, guardian, or adult student in writing, including notice of the immunization requirements with copies of the appropriate forms;

(b) Notify the Department of Health or other designated authority of the name and address of the student and of the immunization(s) that the student lacks; and

(c) Provide information to the student’s parent, guardian, or adult student with the cooperation of the Department of Health, for obtaining the required immunization(s), including times and locations.

5300.7 The Public Schools shall prohibit from further attendance any student who fails to obtain or maintain the required conditions and immunization in accordance with Section 5300.5.

5300.8 If the required immunization necessitates continuing treatment or a series of treatments, the student shall be allowed to attend school while the treatment is being received under the following conditions:

(a) The student presents written notification from the attending physician or from public health authorities that attendance is appropriate and treatment is in progress;

(b) Written certification of immunization shall be submitted upon completion of treatment; and

(c) The immunization record of each student admitted conditionally shall be reviewed periodically to confirm and update documentation of subsequent immunizations required to ensure the student is fully immunized within the time periods designated by the Department of Health and this Chapter.

5300.9 Immunization records forwarded from a student's previous school that contain all of the immunization information required may be accepted by the principal or other appropriate school official in lieu of new certification of immunization data.

5300.10 When a school has a reasonable basis to believe that a student who is not fully immunized against a specific communicable disease, as defined by the Department of Heath, in Title 22 of the District of Columbia Municipal Regulations, may have been exposed to that disease, the school shall immediately report the information to the Department of Health; discuss with the appropriate official at the Department of Health whether the student is at risk of developing the disease and whether the student should be excluded from attending school until completion of the incubation period or during the period that the disease is considered communicable.

5300.11 The immunization requirements subject to this Chapter, shall not apply to any student whose parent or guardian objects in writing to the immunization on grounds that the medical treatment or medical test is forbidden by their religion or religious beliefs and practices.

5300.12 Any immunization or medical tests subject to this Chapter, shall be waived for a student upon submission of written certification by a physician, his/her representative, by a public health authority, or by public immunization records from a previous school.

5300.13 School authorities may exclude from regular instruction a student who is not immunized and provide for special instruction for the student.

5300.99 Definitions:

Immunization or Immunization requirements - the initial immunization and any additional re-immunization required to maintain immunization.

Public School - the District of Columbia Public Schools or a District of Columbia Public Charter School or program sponsored by these schools.

OSSE - the Office of the State Superintendent of Education.

Certificate or certification of immunization - means certification by a physician, his/her representative, by a public health authority, or by public immunization records from a previous school.

Religion or religious belief - any system of beliefs, practices or ethical values.

History

SOURCE: Final Rulemaking published at 55 DCR 010166 (October 3, 2008).

5-F DISTRICT OF COLUMBIA STATE ATHLETIC ASSOCIATION

5-F1 INTERSCHOLASTIC ATHLETICS

5-F DCMR § 100 GENERAL PROVISIONS

100.1 The purpose of this chapter is to establish standards, procedures and requirements for the following:

The operation and governance of the District of Columbia State Athletics Commission (DCSAC);

The operation of the District of Columbia State Athletic Association (DCSAA);

The operation of the DCSAA Athletic Appeals Panel; and

Student eligibility and participation in interscholastic athletic programs and competitions.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 100

5-F DCMR § 101 STATE ATHLETIC ASSOCIATION: DUTIES

101.1 The DCSAA shall interpret, enforce, and implement the provisions set forth in the Act, this chapter and the DCSAA Handbook.

101.2 The DCSAA shall update and publish the DCSAA Handbook annually, including an update of all approved sports and/or activities.

101.3 The DCSAA shall establish policies addressing probationary actions based on determinations of ineligibility in accordance with this chapter. The member school shall provide copies of their athletic policies and guidelines to DCSAA no later than August 1 of each school year.

101.4 The DCSAA may challenge the members school’s eligibility determination in accordance with § 111.

101.5 The DCSAA may request any documentation maintained by a member school and/or Local Education Agency (LEA) to verify a member school’s compliance with the Act, this chapter and the DCSAA Handbook.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 101

5-F DCMR § 102 MEMBER SCHOOLS

102.1 Each District of Columbia Public School with an interscholastic athletics program serving grades 9 to 12 shall be a member of the DCSAA.

102.2 Any secondary school located within the boundaries of the District of Columbia containing grades 9 through 12, or any grouping of some or all of such grade levels including nonpublic, private, public and public charter schools, may voluntarily become a member school of the DCSAA.

102.3 Each member school shall:

Be subject to the DCSAA membership standards as set forth in this chapter and in the DCSAA Handbook;

Ensure that students with disabilities consistently have appropriate opportunities to participate in extracurricular athletic activities;

Provide, to the DCSAA, a copy of their fall, winter, and spring sports schedules for interscholastic competition. Schedules are due by the date designated, pursuant to the DCSAA Handbook, at the beginning of each season;

Ensure that all sports and activities offered by the school are covered by an insurance policy;

Ensure that students provide written authorization to participate for each team that he or she wishes to participate on, and that the authorization contains the signature of a parent, legal guardian, or adult student;

Prior to the first official contest of each sport, establish and maintain a record of a student’s eligibility for each school year of a student’s participation on a junior varsity or varsity team for the duration of the student’s enrollment in the school, unless otherwise provided for in federal or local law; and

By July 1 of each year preceding the next school year, submit a membership application and declaration form, in the manner provided by DCSAA, that includes:

Affirmation of membership;

Agreement to comply with the Act, this chapter, and the Handbook; and

Declaration of the sports in which they will compete for any District of Columbia State Championships.

A school that previously withdrew from DCSAA membership in a sport and wishes to declare as a member school for that sport for the next season must comply with member school re-entry requirements as established in the DCSAA Handbook.

102.4 Each member school shall ensure all coaches, officials, and other personnel, including covered volunteers engaged with students participating in interscholastic athletic programs at a member school biannually obtain any required background check and, if appropriate for their position and role, demonstrate expertise with regard to a respective sport, applicable rules, safety, and first aid standards. Officials shall submit background clearances directly to DCSAA and coaches shall submit background clearances to their member school.

102.5 All high school coaches coaching interscholastic athletics in a DCSAA-approved sport at a DCSAA member school shall meet the coaching certification requirements set forth in the DCSAA handbook, and officiants at DCSAA-approved competitions shall meet the certification requirements set forth in the DCSAA handbook. Certifications are good for two (2) years from the date of issuance and shall be submitted to the member school.

102.6 A member school shall not exclude a student from participation in interscholastic athletics, deny the benefits of, treat differently from other students, or otherwise unlawfully discriminate against based on, race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, status as a victim of an intra-family offense, or place of residence or business.

102.7 A member school shall limit a high school varsity team to eligible students enrolled in that member school in grades nine (9), ten (10), eleven (11), and twelve (12), except as provided in § 106.

102.8 A member school shall limit a high school junior varsity team to eligible students enrolled in that high school in grades nine (9), ten (10), and eleven (11), except as provided in § 106.

102.9 Notwithstanding § 102.6, a member school may operate a separate sports team for members of each sex, provided that the selection for such team is based upon competitive skill or the activity involved is a contact sport, as described in the DCSAA Handbook.

102.10 Notwithstanding § 102.6, a member school may operate a sports team for members of a single sex, so long as the member school operates a sports team for an underrepresented sex when there is sufficient interest to maintain a team. In the event there is insufficient interest, the member shall allow members of the underrepresented sex to try out for existing teams and qualify based on appropriate skill level, safety, and other standards for participation on such team.

102.11 LEAs or member schools that receive federal funding and maintain athletic programs in the District shall designate at least one (1) employee for purposes of athletics to coordinate with the LEAs’ or member schools Title IX (20 USC §§ 1681 – 1688) coordinator, to ensure that the requirements of Title IX are met regarding athletics.

102.12 Representatives of member schools, including school administrators, coaches, players, school approved volunteers, and boosters, shall not engage in any activity seeking to influence a student to transfer from one (1) member school to another for the purpose of participating in interscholastic athletics.

102.13 It shall not constitute a violation of § 102.6 to exclude a student if the student lacks medical clearance to participate under § 104.7 if the coaches and/or trainers reasonably believe that the student’s participation in the sport would be unreasonably dangerous to the student; if the exclusion is based on skill or fitness relevant to the activity rather than a disability; or if the student suffers an injury or illness precluding participation following the issuance of the medical approval specified under § 104.7. However, schools shall not preclude participation based on fear, such as when a student has asthma, allergies, diabetes, or epilepsy, if manifestation of such conditions can ordinarily be addressed successfully on the field.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 102

5-F DCMR § 103 MEMBER SCHOOL: CERTIFICATION OF ELIGIBILITY

103.1 The LEA or member school shall make the initial determination of a student’s eligibility to participate in interscholastic athletics and certify eligibility status for all enrolled and participating students as set forth in this section.

103.2 Before the first official contest for each team sport:

The LEA or member school shall determine the initial eligibility of the students participating in interscholastic athletics in accordance with this chapter; and submit a master eligibility roster by sport to the LEA and/or school athletic director, in a manner prescribed by its LEA and/or athletic director, so long as it does not conflict with the process established in these rules for submitting eligibility rosters to the DCSAA; and

Each LEA and/or school athletic director shall submit each certification of eligibility roster by sport and by season to the DCSAA fourteen (14) days after the start of the official season for the sport but prior to the first official date of competition, in a form and manner established by this chapter and as interpreted in the DCSAA Handbook.

103.3 After the first official contest for each team sport:

The LEA and/or member school may submit a supplemental eligibility list to the LEA and/or school athletic director, in a manner prescribed by its LEA and/or athletic director, so long as it does not conflict with the process established in these rules for submitting supplemental eligibility rosters to the DCSAA;

The LEA and/or member school shall submit each supplemental eligibility list to the DCSAA no later than twenty-one (21) days after the first official contest; and

Students on a supplemental eligibility roster may not participate in an official contest without prior written approval of the member school’s principal and athletic director.

103.4 A certification of eligibility roster shall contain the following information:

Full name of Eligible Athlete (Last, First, MI);

Address of Residence (Street, City, State);

Age and Date of Birth;

Date of First Entry into Ninth (9th) Grade (Month and Year);

Identify if the student is a transfer student and the name of the school from which the student transferred and the date of the transfer.

103.5 The information provided on an eligibility roster shall be considered “directory information” in accordance with 34 CFR § 99.31(a)(11). The member school shall provide this information to the DCSAA unless the parent(s) or the adult student has opted out of allowing directory information disclosure and refuses to sign a consent authorizing disclosure for this specific purpose.

103.6 If a member school is not authorized to disclose the above information on the eligibility roster, the applicable student shall not be certified as eligible to participate in a DCSAA approved sport or activity.

103.7 The DCSAA shall review the certified eligibility rosters to ensure compliance with the Act, this chapter, the DCSAA Handbook and membership standards.

103.8 The DCSAA may request that the member school provide supporting documentation to verify the certification including, the name of the parent or legal guardian of the student-athlete and contact information for the parent or legal guardian. The DCSAA may request additional information for circumstances including, the following: (1) if it determines that the information provided in the certification of eligibility roster is incomplete or (2) if it determines that the information provided is inconsistent with information that the DCSAA has on file, and will provide the LEA and/or member school with a letter detailing information being requested and how the information relates to eligibility verification.

103.9 If the LEA or member school fails to provide the aforementioned documentation, the student shall not be certified as eligible to participate in DCSAA-approved sports or activities.

103.10 The DCSAA may challenge a student’s eligibility pursuant to § 111.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 103

5-F DCMR § 104 STUDENT ELIGIBILITY TO PARTICIPATE

104.1 Requirements for students to be eligible to participate in interscholastic athletics at a member school shall be applied uniformly to all member schools and amongst all students participating or seeking to participate in interscholastic athletics at a member school.

104.2 Any information in regard to any aspect of student eligibility that is provided by the student, the parent(s), legal guardian, or the member school shall be accurate and complete.

104.3 In order to establish eligibility to participate in interscholastic athletics at a member school, a student shall:

Meet the requirements set forth in this subsection regarding:

Age, semester and grade level;

Residency;

Academics;

Health and fitness; and

Attendance; and

Comply with any other eligibility requirements set forth in this chapter.

104.4 In order to be eligible to participate in a DCSAA-approved sport and/or activity, a student shall meet the following age, semester and grade level requirements:

A student who turns nineteen (19) years old on or before August 1 shall not be eligible to participate in interscholastic athletics in the upcoming school year;

A student shall be eligible to participate in regular season, playoff, or championship interscholastic athletic contests for no more than eight (8) semesters following initial enrollment in the ninth grade. Eligibility beyond eight (8) semesters requires a waiver approved by the DCSAA. Completion of a summer school program shall not be counted as a semester of attendance; and

The student shall not have graduated from high school, provided that an eligible student whose graduation exercises are held before the end of the school year may continue to participate in interscholastic athletics through the conclusion of the athletic season that began before graduation, or until the end of that school year, whichever comes later; and

A student who is repeating the twelfth 12th grade, or who seeks eligibility for a fifth (5th) year, and who requires two (2) or fewer courses to graduate, and has not attempted course or credit recovery, is prohibited from participating in interscholastic athletics or activities and must request a waiver in order to participate.

104.5 In order to be eligible to participate in interscholastic athletics at a member school, a student shall meet the following residency requirements:

If the student is attending a District of Columbia public school or District of Columbia public charter school, or other school or educational program with funding provided by the District of Columbia, free of charge, the student shall establish bona fide residency in the District of Columbia pursuant to the requirements set forth in Chapter 50 of Subtitle 5-A in the DCMR (5-A DCMR §§ 5000 et seq.) unless the student is a valid non-resident current on tuition payments owed; or

If the student is a non-resident, the non-resident student is either:

Validly enrolled in a District of Columbia public school, District of Columbia public charter school, or other school or educational program with funding provided by the District of Columbia consistent with the requirements set forth in Chapter 50 of Subtitle 5-A of the DCMR (5-A DCMR §§ 5000 et seq.) and has paid or is current in payment of his or her nonresident tuition fee; or

Enrolled in a private, independent or parochial member school.

If the student is a resident of the District of Columbia and is home schooled, under the conditions set forth at § 106.4. Residency in the District of Columbia must be established through the same criteria as employed by the Office of the State Superintendent of Education (OSSE), currently set forth at 5-A DCMR §§ 5000 et seq., and the member school is in charge of verifying the District residency of a home-schooled student who seeks to participate on its team.

104.6 Each member school and/or LEA shall establish standards which assure that students involved in interscholastic athletics are making satisfactory progress towards graduation. In order to be eligible for participation in interscholastic athletic contests and activities a student must pursue a regular course of study, or its equivalent as approved by the member school and/or LEA, and shall maintain a 2.0 grade point average (GPA), or its equivalent as officially calculated by the member school and/or LEA grading scale, per marking period. For those member schools which do not calculate a GPA, such member school shall submit a certification to the DCSAA, in a manner established by the DCSAA, stating that the school does not calculate GPAs and that all students participating in a DCSAA-approved sport have a minimum equivalence of a 2.0 GPA and are in good academic standing as consistent with this chapter.

104.7 In order to be eligible to participate in a DCSAA-approved sport and/or activity, a student shall provide a current medical certification, to the student’s member school and/or LEA, confirming that the student has been examined by a licensed physician, or other qualified medical practitioner, and is physically fit to participate in try-outs, practices, and contests for the sport in which the student seeks to participate.

104.8 In order to be eligible to participate in a DCSAA-approved sport and/or activity, a student shall maintain compliance with state attendance regulations and shall maintain eighty-five percent (85%) attendance per marking period in order to maintain eligibility and any additional attendance requirements established by the student’s LEA and/or member school. Additionally, a student must be in attendance at school for the full day during the regularly scheduled school day in order to participate in any try-out, practice, or contest, which is scheduled on that day, unless the student has an excused absence.

104.9 In order to maintain eligibility to participate in interscholastic athletics at a member school, a student shall maintain compliance with the requirements set forth in § 104.3 to establish eligibility and:

Participate only under the name by which he or she is registered in the school he or she is enrolled;

Represent only one (1) school in the same sport during a school year;

Not participate in junior varsity competition if the student participated in varsity competition in the same sport during the same school year;

Not participate in the same individual or team sport outside of school, or with a team, an organized league, tournament meet, match or contest between the first (1st) and last scheduled contest of the school team during the season of the sport; provided, that a student who is selected to represent the United States in international amateur competition shall not become ineligible in school competitions for participating in qualifying trials. The following sports shall be exempted from the restrictions of this requirement: Baseball; Bowling; Competitive Cheer; Crew; Cross Country; Field Hockey; Golf; Gymnastics; Lacrosse; Rugby; Soccer; Softball; Squash; Swimming; Tennis; Track & Field; Ultimate Frisbee; Volleyball; and Wrestling; and

Preserve amateur standing by engaging in sports only for the physical, educational, and social benefits derived from sports and by not accepting, directly or indirectly, a remuneration, gift, or donation based on his or her participation in a sport other than those approved or waived by the DCSAA.

104.10 Notwithstanding the provisions in §§ 104.3 to 104.9, a student that is granted a hardship waiver by the DCSAA shall be eligible to participate in interscholastic athletics at a member school.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 104

5-F DCMR § 105 STUDENT ELIGIBILITY TO PARTICIPATE: INTERNATIONAL STUDENT

105.1 An international student participating in a foreign exchange program shall be considered immediately eligible for a maximum period of one (1) calendar school year if the student:

Has not completed the country of origin’s secondary school program;

Meets all other eligibility requirements of this section;

Has been randomly assigned to his or her host parents and school and neither the school the student attends nor any person associated with the school has had input in the selection of the student and no member of the school’s coaching staff, paid or voluntary, serves as the resident family of the student;

Possesses a current J-1 visa issued by the U.S. State Department; and

Is attending school under a foreign exchange program on the current Advisory List of International Educational Travel and Exchange Programs published by the Council on Standards for International Education Travel and such program assigns students to schools by a method which ensures that no student, school, or other interested party may influence the assignment.

105.2 An international student not participating in a foreign exchange program shall be treated as all other students who transfer schools.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 105

5-F DCMR § 106 STUDENT ELIGIBILITY TO PARTICIPATE: DESIRED SPORT AT OTHER SCHOOL

106.1 Students in grade nine (9), ten (10), eleven (11), or twelve (12) attending a member school in which a desired sport is not offered (school of enrollment), may request authorization to participate from the athletic director at any member school offering the desired sport (school of choice). If the student athlete participates pursuant to this rule, the student and/or school of choice must notify the DCSAA.

106.2 The student’s school of enrollment will serve as their primary school for athletic participation. If a student wishes to participate in one or more sports that their school of enrollment does not offer, the student must participate in those sports at the same school of choice if all of the sports are offered there. If all of the sports in which the student desires to participate are not offered at the school of choice, the student may participate in those sports at another school of choice.

106.3 Students who are not enrolled in a member school but home schooled pursuant to 5-A DCMR §§ 5200 et seq. may participate in interscholastic athletics at a member school if:

The principal and the athletic director of the member school provides the student with written authorization to participate in the desired sport; and

The student requests and is granted a waiver of student eligibility requirements as set forth in this chapter.

106.4 Students under this section seeking to participate at another school may only participate if it is allowed in the written policy of the member school in which the student seeks to participate, and the student meets the eligibility requirements of the DCSAA and/or member school. A member school may require actual costs associated with a student’s participation and the sending school may be required to provide funding for the costs.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 106

5-F DCMR § 107 STUDENT ELIGIBILITY TO PARTICIPATE: TRANSFERS

107.1 A student who transfers enrollment from any school, including a member school, to any member school in grades nine (9), ten (10), eleven (11), or twelve (12) is ineligible to participate in interscholastic athletics unless he or she meets one (1) of the following exceptions:

A student in grade nine (9) may transfer one (1) time during that school year without loss of eligibility. They shall be eligible immediately upon registration provided they meet all other DCSAA eligibility requirements. However, no student, regardless of their grade level, shall participate in a contest at the varsity level for two (2) different schools in the same sport during the same school year. A student is considered a ninth (9th) grader until the first day of school of their tenth (10th) grade year;

A student attending a member school has a valid change of address, as defined in this chapter;

The transfer is caused by court action, court action being an order from a court of law affecting legally committed students. In the case of a transfer of guardianship or custody, the transfer shall be the result of a court order signed by a judge, commissioner, or master of a court of competent jurisdiction. A petition for the transfer of guardianship or custody, an affidavit, or a notarized statement signed by the affected parties shall not be sufficient to render the student eligible to participate in interscholastic athletics. For purposes of eligibility, a child placed within Child and Family Services Agency (CFSA) custody is eligible to participate in interscholastic athletics immediately at the school they attend;

A student who registers on the basis of a petition for the transfer of guardianship is not eligible to compete until the custodial legal guardian has received and provided a signed court order designating them as the student’s custodial legal guardian;

(e) If the student is in their second, third, or fourth year of eligibility and the transfer is the result of a seat opening in the receiving school (if the student had previously applied to the school and had been waitlisted or rejected due to a lack of capacity) or as a result of admission via the District’s school-based lottery. For this exception to apply, the receiving school shall have appropriate documentation, including:

A dated and school-stamped student application from the previous school year;

A letter in response to the application notifying the student that they were not accepted; and

(3) A letter dated after the start of the school year offering the student a seat in the receiving school or a notification of admission from the lottery school.

Transfer because of promotion or administrative assignment to the ninth (9th) grade from a school whose terminal point is the eighth (8th) grade, or to the tenth (10th) grade from a junior high school whose terminal point is the ninth (9th) grade, shall not constitute a transfer. Students so promoted or administratively assigned shall be eligible.

The sending school dropping their entire athletic program. Dropping their athletic program is defined as the school discontinuing all of their interscholastic athletics sports programs;

The closure of the sending school;

The sending school discontinuing a single sport that the student sought to participate in at the varsity level;

The student has special needs, as identified by the Individualized Education Program (IEP) or Section 504 Plan, and is transferred to another public school for the delivery of a free appropriate public education;

A transfer is the result of the student’s being homeless as defined by OSSE, except if the student’s homeless status is shown to have been created by the student or his/her family for the primary reason of eligibility in interscholastic athletics;

The transfer is a result of a student exercising transfer options (i.e., persistently dangerous schools (5-E DCMR § 3805) or victim of a violent crime (5-E DCMR § 3809)) as allowed by D.C. law;

(m) For international students, the transfer shall be the result of a diplomatic posting, refugee status, family unit relocation, or qualified foreign exchange program under § 105.1; or

A student who has not previously participated in the sport for which they are interested in competing; who is released by a proper school authority from a sending school, and has completed the registration process at the receiving school shall be eligible, provided they meet all other DCSAA eligibility requirements. The receiving school shall submit, to the DCSAA, an electronic or signed statement from the athletic director of the sending school that states the student did not participate in the specific sport the preceding year in which they wish to participate.

107.2 A student-athlete has the one-time option to submit, to the DCSAA, a Student-Athlete Transfer release form, which shall be signed by the parent, the athletic director, and the principal of the sending school and the athletic director and the principal of the receiving school stating that the transfer is for non-athletic purposes.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020); as amended by Final Rulemaking published at 72 DCR 014052 (December 19, 2025). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 107

5-F DCMR § 108 STUDENT INELIGIBILITY TO PARTICIPATE

108.1 A student who is ineligible to participate in interscholastic athletics is prohibited from playing with a DCSAA member school team during the period of such ineligibility. The student shall, however, be permitted to practice with the teams of the school in which the student is properly enrolled or, where the student’s school of enrollment does not offer the desired sport, the teams of the school for which the student has secured permission to play.

108.2 A student who participates in interscholastic athletics and is found ineligible to participate is prohibited for one (1) calendar year from the date of the finding of ineligibility, except for academic and attendance-based ineligibility for which eligibility can be regained immediately upon satisfaction of the requirements. Additionally, in order to be considered for eligibility when the calendar year has passed, the student shall show that all of the eligibility requirements are satisfied.

108.3 The period of ineligibility for students that transfer absent an exception shall be one (1) calendar year commencing with the first (1st) day of official attendance in the receiving school.

108.4 A student who is ineligible to participate in interscholastic athletics at the time of transfer from one (1) school to another, for any reason other than failing to meet the academic and attendance requirements of this chapter, shall not be considered for eligibility at the receiving school until one (1) full calendar year has passed from the date it was determined that the student was ineligible.

108.5 Any member school carrying an ineligible student as a member of the team shall forfeit each contest played by such student.

108.6 If any forfeiture creates a tie among teams participating in a DCSAA tournament and/or championship contest, a coin toss as mutually agreed by the member school ADs shall determine the requisite order.

108.7 A member school including, without limitation, a coach, trainer, or volunteer assisting in athletics, who knows, or should have known, that an ineligible student is participating or has participated in an interscholastic athletic program or contest, shall be subject to probation, suspension, or disqualification from participating in any DCSAA-approved sport or activity.

108.8 If a member school, LEA, or the DCSAA takes any action pursuant to § 108.7, the member school or LEA shall electronically submit the action to the DCSAC for review by the DCSAC Athletic Appeals Panel (AAP) no later than five (5) calendar days after the date of such action. The DCSAC AAP within five (5) calendar days will conduct a review and determine if the violation merits any additional probation, suspension or disqualification from any DCSAA-approved sport or activity. Any additional action taken by the DCSAC AAP will be issued via a written decision.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020); as amended by Final Rulemaking published at 72 DCR 014052 (December 19, 2025). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 108

5-F DCMR § 109 WAIVER OF STUDENT ELIGIBILITY REQUIREMENTS

109.1 The DCSAA may grant a student a waiver of any of the student eligibility requirements set forth in this chapter, subject to the following:

A request for a waiver due to hardship, as defined in this chapter, shall include supporting documentation; and

A request for a waiver of the age requirement in § 104.4 shall only be considered for participation in non-contact or non-collision sports.

109.2 (a) Waiver requests shall be filed as follows:

(1) For fall sports, by the sixth (6th) Wednesday following the initial roster due date;

(2) For winter sports, by the fourth (4th) Wednesday following the initial roster due date; and

(3) For spring sports, by the fourth (4th) Monday following the initial roster due date.

(b) When a member school and/or LEA receives a request for a waiver from a student, the member school and/or LEA shall forward that request to the DCSAA for decision, regardless of whether the member school and/or LEA supports the request for waiver.

(1) If the waiver request is submitted by the member school and/or LEA to the DCSAA on behalf of the student, it shall be submitted within five (5) school days of receipt of the request for waiver by the school.

(2) When the member school and/or LEA submits the request for waiver to the DCSAA on behalf of the student, the athletic director of the member school and/or LEA may include any additional information they are authorized to release that is relevant to the request for waiver.

(c) If the student submits a completed request for waiver directly to the DCSAA, the DCSAA shall notify the member school and/or LEA of the waiver submission within two (2) school days of receipt of the request for waiver.

(1) The member school and/or LEA may submit to the DCSAA any additional information they are authorized to release that is relevant to the request for waiver within five (5) school days of being notified by the DCSAA that a request for waiver has been submitted.

109.3 In order to request a waiver, the student or a member school and/or LEA on behalf of the student, shall submit a completed waiver request to the DCSAA. Waiver requests shall include the following:

The student’s name, recent photo as described in the DCSAA Handbook, date of birth, school, grade, parent/legal guardian name, address, telephone number, and email address(es);

A complete list of interscholastic sports the student played on school teams, including the level of competition (e.g., junior varsity or varsity);

Identification of the sport(s) for which the student is seeking a waiver to play;

Identification of the section and paragraph of this chapter that the student wishes the DCSAA to waive;

A statement of the student’s reason for requesting the DCSAA to waive an athletic rule, including an explanation of the situation, the reason for the request, and supporting documentation;

Official transcripts from the ninth (9th) grade through the current school year, medical records (if applicable), and Individualized Education Plans (IEP) (if applicable);

Signature of the student’s parent or legal guardian if the student is under eighteen (18) years of age, or of the student if the student is 18 years of age or older; and

Any additional supporting documentation such as letters of support from the school administration, athletic director, LEA, etc.

109.4 When a request for waiver is submitted from the member school to DCSAA, and the DCSAA has confirmed receipt, the DCSAA shall issue a written decision to grant or deny a request for a waiver within thirty (30) school days. When a request for waiver is submitted from a student-athlete to the DCSAA, the DCSAA shall issue a written decision to grant or deny the request for waiver within thirty (30) days of the date by which the member school may submit additional information.

109.5 The DCSAA may request further supporting documentation necessary to make a determination to grant or deny the waiver request pursuant to §103.9. If the DCSAA requests additional supporting documentation, the request for the documentation shall state a date by which the additional documentation must be submitted.

109.6 Failure to provide all required documentation to the DCSAA, within the timeframe provided in writing by the DCSAA, may result in an unfavorable inference or decision for the party that fails to provide the required information.

109.7 The DCSAA decision to grant or deny a request for a waiver may be appealed to the DCSAC AAP in the manner set forth in § 111.

109.8 If a decision is not appealed to the DCSAC AAP within five (5) business days, the decision to deny or grant a request for a waiver shall be final. If a student’s circumstances have altered, the student shall submit a new waiver request.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020); as amended by Final Rulemaking published at 72 DCR 014052 (December 19, 2025); as amended by Final Rulemaking published at 73 DCR 006911 (May 1, 2026). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 109

5-F DCMR § 110 COMPLAINTS OR CHALLENGES PROCEDURES

110.1 The DCSAA, on its own motion, or upon receipt of a complaint or challenge submitted in accordance with this section, may investigate conduct that would constitute a violation of the requirements of this chapter. The DCSAA shall hear and decide complaints or challenges:

Related to its membership standards;

Arising under the DCSAA handbook, including sections that pertain to school membership, member school staff conduct, member school staff responsibilities, duties, and requirements, conduct of practices, scrimmages, and contests, health, safety and wellness, DCSAA policies, and penalties;

Related to participant eligibility arising between a DCPS and non-DCPS member school participating in a DCSAA-approved competition or arising between a member school and non-member school participating in a DCSAA-approved competition; or

Related to student eligibility, provided that the complaint or challenge is made within thirty (30) days of the start of the relevant athletic season.

110.2 Any complaints or challenges shall be submitted to the DCSAA as follows:

(a) A complaint or challenge shall be presented in writing, signed by the submitting party, and mailed or hand delivered to the DCSAA. A complaint or challenge may also be sent electronically to the DCSAA; and

The complaint or challenge shall include any necessary supporting documentation.

110.3 Once the written complaint or challenge is submitted to DCSAA, the DCSAA shall:

(a) Confirm receipt of the complaint or challenge;

(b) Inform the member school and/or LEA of the complaint or challenge; and

(c) Provide the member school with the opportunity to respond, in writing, to the complaint or challenge within five (5) school days of the date on which the DCSAA notification of complaint was received by the member school pursuant to § 110.3(b).

110.4 The DCSAA may request further supporting documentation necessary to make findings or issue a decision regarding a complaint or challenge. If the DCSAA requests additional supporting documentation, the request for the documentation shall state a date by which the additional documentation must be submitted. Parties shall comply with DCSAA requests for information related to the allegations in the complaint or challenge.

110.5 Failure to provide all required documentation to the DCSAA may result in an unfavorable decision for the party that fails to provide the required information.

110.6 The DCSAA shall issue written findings or a decision regarding the complaint or challenge within thirty (30) school days.

110.7 If an eligibility question arises that requires a review of a member school or LEA’s eligibility determination, the DCSAA may request to review the documents that were used by the member school or LEA to determine eligibility subject to relevant federal and local student privacy laws, regulations, and policies. The DCSAA will request, through a member school and/or LEA, from a parent, legal guardian, or the adult student, to sign a consent form, for release of information authorizing the release of eligibility files. Such DCSAA requests will include the reasons supporting the request and will specify the record or records needed for review. Failure to provide consent upon written request from the DCSAA will result in the student whose eligibility is being questioned to be deemed ineligible to participate in any official contest of an approved DCSAA sport or activity.

110.8 The DCSAA’s decision may be appealed to the DCSAC AAP in the manner set forth in § 111. Failure of the DCSAA to adhere to the procedures for processing a complaint may be submitted to the DCSAC AAP for remedy. If a decision is not appealed to the DCSAC AAP within five (5) business days, the DCSAA decision shall be final.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020); as amended by Final Rulemaking published at 72 DCR 014052 (December 19, 2025); as amended by Final Rulemaking published at 73 DCR 006911 (May 1, 2026). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 110

5-F DCMR § 111 STATE ATHLETIC COMMISSION: ATHLETICS APPEALS PANEL

111.1 The DCSAC shall establish Athletics Appeals Panels (AAP) to hear appeals of:

LEA decisions related to student eligibility; and

Final written decisions of the DCSAA.

111.2 The Chairperson of the DCSAC shall appoint a separate AAP for each matter brought before the DCSAC.

111.3 The Chairperson of the DCSAC shall maintain the integrity of the appeal process.

111.4 Any Commissioner of the DCSAC who may be directly affected or whose member school or LEA may be directly affected by a potential decision related to an appeal shall disclose the conflict of interest, recuse himself or herself from consideration of the matter and shall not be appointed to an appeals panel for that matter.

111.5 In order to request an appeal of the decision of an LEA or the DCSAA, a party shall submit written notice of appeal to the Chairperson.

111.6 The Chairperson shall appoint three (3) voting members to serve on the AAP within three (3) school days of receipt of a request for an appeal. The AAP shall schedule a hearing to occur within seven (7) calendar days of the appointment of the members of the AAP, where all parties shall be provided with the opportunity to present facts and all relevant arguments. The AAP shall notify the parties of the date, time, and location of the hearing. If a party is unable to be present on the date and time selected by the AAP, the party shall request a continuance of the hearing at least two (2) school days before the hearing date.

111.7 The DCSAC AAP shall issue a written decision within ten (10) school days of the hearing, either affirming or reversing the decision of an LEA or the DCSAA.

111.8 An AAP shall be conducted as follows:

(a) An athletic appeals panel shall hear all issues relating to an appeal de novo, except that the evidence before the panel shall be limited to the record made before the LEA or the DCSAA unless a party seeks to introduce relevant evidence that, in the exercise of reasonable diligence, it could not have produced during the initial hearing on the complaint or that was improperly excluded from the initial hearing on the complaint;

(b) The presence of all members of the AAP is required in order for the hearing to take place. If all members of the AAP are not present, the hearing shall be postponed until a time when all members of the AAP are able to be present;

(d) All persons at the AAP shall maintain decorum and good order at all times, and the AAP may exclude, or have removed, from the hearing any person deemed to be disruptive to the hearing process;

(e) If a party who requested an appeal does not appear for the hearing, and a continuance was either not requested pursuant to § 111.6 or was requested and not granted, the AAP may proceed to act, and render a decision based on the evidence before it;

(f) All hearings shall be recorded and the DCSAA shall compile a complete record of all evidence presented during the course of the hearing; and

(g) The DCSAA shall make a transcript of a hearing upon the request of a party, and if the DCSAA does not make a transcript of the hearing, it shall maintain an electronic copy of the hearing as part of the record.

111.9 The decision of the Commission shall be final. The party may appeal the Commission’s final decision to the D.C. Superior Court, pursuant to D.C. Official Code § 11-921. Appeals must be received by the Clerk of the Superior Court no later than thirty (30) days after the date of the final decision.

111.10 A student whose eligibility is in question may play in DCSAA-approved interscholastic athletic competition during the appeal process. If the AAP finds against the student, the DCSAA may issue penalties against the member school and/or student, retroactively and for future events.

111.11 In the event a member requires forfeiture of a contest already played, the AAP shall review the decision affirming or denying the forfeiture and shall provide the results of its findings and recommendations to the member school not later than five (5) school days after the date the matter is initially reported to the DCSAA.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020); as amended by Final Rulemaking published at 72 DCR 014052 (December 19, 2025). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 111

5-F DCMR § 112 ALL-STAR CONTESTS

112.1 A student who participates in a team sport may participate in an “all-star” competition for the sport that occurs outside the interscholastic season of the sport without jeopardy to his or her eligibility if:

The all-star competition is an activity approved by the DCSAA or another National Federation of State High School Association (“NFHS”) member;

All participants in the all-star competition are graduating seniors or students completing their athletic eligibility at the end of the school year or they have received a waiver from DCSAA to participate;

The student has played in no more than one (1) other all-star competition in his or her sport; or

The all-star competition occurs after the student has participated in his or her final contest for his or her school.

112.2 A student athlete who fails to comply with § 112.1 may be subject to a penalty that may result in the loss of athletic eligibility for the balance of the school year or for the next season in the sport in which the student participated in the all-star competition.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 112

5-F DCMR § 113 MEMBER SCHOOL AND LEA REGULATIONS AND POLICIES

113.1 Member school and/or LEA regulations or policies shall not be in conflict with this chapter or the DCSAA handbook. Member school and/or LEA standards shall meet the state minimum standards and requirements.

113.2 Member schools and/or LEA policies and procedures related to interscholastic athletics shall comply with the provisions of this chapter.

113.3 Upon request, member schools and/or LEAs shall provide the DCSAA with copies of their respective policies and procedures.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 113

5-F DCMR § 199 DEFINITIONS

199.1 When used in this chapter, the following terms shall have the meanings ascribed:

Adult Student - A student who is eighteen (18) years of age or older, or who has been emancipated from parental control by marriage, operation of statute, or the order of a court of competent jurisdiction.

Amateur Standing - eligibility status for a student athlete who is a nonprofessional and not receiving profit from their participation in athletic activities

Athletic Appeals Panel (AAP) - A review panel composed of three (3) voting members of the District of Columbia State Athletics Commission.

Athletic Director (“AD”) – A person who holds the position of athletic director or a person or entity that performs the functions of an athletic director.

Athletic League – Includes the District of Columbia Interscholastic Athletic Association or its successor, the Public Charter School Athletic Association or its successor, and any other collaborative of LEA’s or schools for the purpose of which is to organize interscholastic athletic competitions against other members of the collaborative.

Commission – the District of Columbia State Athletics Commission (DCSAC).

Day – One (1) calendar day, unless otherwise stated.

DCPS - means the District of Columbia Public Schools.

DCSAA - means the District of Columbia State Athletic Association.

DCSAA-approved sport or activity - a sport in which DCSAA hosts a state championship and/or is governed by the National Federation of State High School Association rules.

DCSAA Handbook –an annual publication containing playing rules, codes of conduct, sanctions and guidelines for each DCSAA-sanctioned sport, consistent with this chapter, the District of Columbia State Athletics Consolidation Act of 2016, effective April 7, 2017 (D.C. Law 21-263; D.C. Official Code §§ 38-2661.01 et seq.), and the National Federation of State High School Associations’ Rules Books.

DCSAA-approved competition - an interscholastic athletic event or program governed by DCSAA membership standards.

Enroll and Enrollment -- A process through which a student obtains admission to a public or public charter school that includes, at a minimum the following stages:

(a) Application by student to attend the school;

(b) Acceptance and notification of an available slot to the student by the school;

(c) Acceptance of the offered slot by the student (signified by completion of enrollment forms and parent signature on a “letter of enrollment agreement form”);

(d) Registration of the student in the Student Information System (SIS) by school upon receipt of required enrollment forms and letter of enrollment agreement; and

(e) Receipt of educational services, which are deemed to begin on the first official school day.

First year of eligibility – The school year a student first enters ninth (9th) grade for the first (1st) time.

Hardship - A hardship is defined as an unforeseeable, unavoidable, and uncorrectable act, condition or event, which causes the imposition of a severe and non-athletic burden upon the student or his/her family.

Interscholastic Athletics Program - all athletic activities or sports offered within a school, the purpose of which is to provide opportunities for students to compete with other students on like teams in other schools.

Local Education Agency or LEA – the District of Columbia Public Schools system or any individual or group of public charter schools operating under a single charter.

Member School - a public, public charter, parochial, or private school in the District that is a member of the DCSAA.

Ninth Grade - A student is considered to be in grade nine (9) upon the student’s promotion from the eighth (8th) grade to the ninth (9th grade) on the last school day of the student’s eighth (8th) grade (8th) grade academic year. The ninth (9th) grade year is considered to be completed on the last day of summer vacation prior to the first day of the new academic (tenth (10th) grade) year.

OSSE – The District of Columbia’s Office of the Superintendent of State Education.

Parent – Consistent with the terms as defined in 5-A DCMR § 5099, the natural parent, stepparent, or parent by adoption who has custody or control of a student, including joint custody; a person who has been appointed legal guardian of a student by a court of competent jurisdiction; or other primary caregiver as verified pursuant to 5-A DCMR § 5005.

Participate – Inclusion on the tryout roster or team roster as a member of a recognized school team to tryout or play in practices, contests, and competitions, or otherwise engaging in other activities as part of the team.

Previous participation – Prior participation in interscholastic athletics in grades nine (9) through twelve (12).

Receiving school - The school a student enrolls in, after leaving his or her previous school.

Refugee - any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Sending School – A school that a student withdraws from, in order to attend a different school.

Title IX - Title IX is a portion of the Education Amendments of 1972, approved June 23, 1972 (Pub. L. No. 92318, 86 Stat. 235; 20 USC §§ 1681 - 1688).

Transfer - The student has withdrawn from a sending school and has enrolled in a receiving school.

Valid Change of Residence – when a student moves from the residence where the enrolling parent(s) lived with the student, and that has been vacated by the entire family for use as its residence, to a new residence with the enrolling parent(s).

Week – Seven (7) calendar days, unless otherwise stated.

History

SOURCE: Final Rulemaking at 67 DCR 2867 (March 13, 2020); as amended by Final Rulemaking published at 72 DCR 014052 (December 19, 2025). District of Columbia Municipal Regulations District of Columbia State Athletic Association 5-F DCMR § 199

Title 5 DCMR — EDUCATION

5-A OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

5-A1 CHILD DEVELOPMENT FACILITIES: LICENSING

5-A DCMR § 100 AUTHORITY AND PURPOSE

5-A DCMR § 101 APPLICABILITY

5-A DCMR § 102 GENERAL LICENSE REQUIREMENTS

5-A DCMR § 103 APPLICATION FOR INITIAL LICENSE

5-A DCMR § 104 APPLICATION FOR RENEWAL LICENSE

5-A DCMR § 105 APPLICATION FOR AMENDED LICENSE

5-A DCMR § 106 WAIVER

5-A DCMR § 107 RESTRICTED LICENSE

5-A DCMR § 108 FEES

5-A DCMR § 109 CHANGES REQUIRING A NEW LICENSE

5-A DCMR § 110 NOTICE REQUIREMENTS FOR CHANGES IN OPERATION

5-A DCMR § 111 MONITORING AND INSPECTIONS

5-A DCMR § 112 ENFORCEMENT ACTIONS

5-A DCMR § 113 REVOCATION, DENIAL, AND SUSPENSION

5-A DCMR § 114 SUMMARY SUSPENSION

5-A DCMR § 115 CEASE AND DESIST

5-A DCMR § 116 CIVIL FINES, CRIMINAL PROSECUTION AND INJUNCTIONS

5-A DCMR § 117 ADMINISTRATIVE HEARINGS

5-A DCMR § 118 REQUIREMENTS FOR ALL LICENSED CHILD DEVELOPMENT FACILITIES

5-A DCMR § 119 CAPACITY

5-A DCMR § 120 SUPERVISION

5-A DCMR § 121 ADULT-TO-CHILD RATIOS AND GROUP SIZE

5-A DCMR § 122 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: GENERAL REQUIREMENTS

5-A DCMR § 123 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: LAVATORY SPACE AND EQUIPMENT

5-A DCMR § 124 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: INDOOR ENVIRONMENT

5-A DCMR § 125 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: OUTDOOR ENVIRONMENT

5-A DCMR § 126 HEALTH AND SAFETY STANDARDS FOR A FACILITY'S PREMISES: EQUIPMENT, MATERIALS, AND FURNISHINGS

5-A DCMR § 127 PARENT COMMUNICATION

5-A DCMR § 128 REPORTING UNUSUAL INCIDENTS

5-A DCMR § 129 RECORDKEEPING REQUIREMENTS: FACILITY OPERATIONS

5-A DCMR § 130 RECORDKEEPING REQUIREMENTS: CHILDREN

5-A DCMR § 131 RECORDKEEPING REQUIREMENTS: STAFF

5-A DCMR § 132 SUITABILITY FOR EMPLOYMENT

5-A DCMR § 133 SUITABILITY FOR EMPLOYMENT: CRIMINAL BACKGROUND CHECKS

5-A DCMR § 134 SUITABILITY FOR EMPLOYMENT: TRAFFIC RECORDS CHECK

5-A DCMR § 135 SUITABILITY FOR EMPLOYMENT: RESULTS AND APPEALS

5-A DCMR § 136 SUITABILITY FOR EMPLOYMENT: REQUIRED DRUG AND ALCOHOL TESTING PROGRAM

5-A DCMR § 137 STAFF MEMBER REQUIREMENTS: GENERAL PROVISIONS

5-A DCMR § 138 STAFF MEMBER REQUIREMENTS: AIDES AND VOLUNTEERS

5-A DCMR § 139 STAFF MEMBER REQUIREMENTS: PROFESSIONAL DEVELOPMENT

5-A DCMR § 140 GENERAL DAILY PROGRAM ACTIVITIES AND CURRICULUM

5-A DCMR § 141 POSITIVE BEHAVIOR SUPPORT

5-A DCMR § 142 HEALTH, SAFETY AND WELFARE: GENERAL REQUIREMENTS

5-A DCMR § 143 HEALTH, SAFETY AND WELFARE: SUPPORTING HEALTHY CHILD DEVELOPMENT

5-A DCMR § 144 HEALTH, SAFETY AND WELFARE: HAND HYGIENE

5-A DCMR § 145 HEALTH, SAFETY AND WELFARE: DIAPERING

5-A DCMR § 146 HEALTH, SAFETY AND WELFARE: SAFE SLEEPING AND RESTING PRACTICES

5-A DCMR § 147 HEALTH, SAFETY AND WELFARE: PREVENTION OF CHILD ABUSE AND NEGLECT

5-A DCMR § 148 HEALTH, SAFETY AND WELFARE: EMERGENCY PREPAREDNESS AND RESPONSE PLANNING

5-A DCMR § 149 HEALTH, SAFETY AND WELFARE: HAZARDOUS MATERIALS AND BIOCONTAMINANTS

5-A DCMR § 150 HEALTH, SAFETY AND WELFARE: FIRST AID AND CPR

5-A DCMR § 151 HEALTH, SAFETY AND WELFARE: INCLUSION, EXCLUSION, AND DISMISSAL OF CHILDREN AND STAFF DUE TO ILLNESS

5-A DCMR § 152 HEALTH, SAFETY AND WELFARE: REQUIRED HEALTH EXAMINATIONS & IMMUNIZATIONS

5-A DCMR § 153 HEALTH, SAFETY AND WELFARE: MEDICATION ADMINISTRATION AND STORAGE

5-A DCMR § 154 HEALTH, SAFETY AND WELFARE: PREVENTION OF AND RESPONSE TO FOOD ALLERGIES

5-A DCMR § 155 HEALTH, SAFETY AND WELFARE: FOOD SERVICE

5-A DCMR § 156 HEALTH, SAFETY AND WELFARE: INFANT FEEDING

5-A DCMR § 157 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY DURING SWIMMING AND WATER PLAY

5-A DCMR § 158 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY TRANSPORTING CHILDREN

5-A DCMR § 159 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY CARING FOR CHILDREN WITH SPECIAL NEEDS

5-A DCMR § 160 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY OPERATING DURING NON-TRADITIONAL HOURS

5-A DCMR § 161 REQUIREMENTS FOR A CHILD DEVELOPMENT FACILITY WITH PETS AND ANIMALS

5-A DCMR § 162 CHILD DEVELOPMENT CENTER: ADDITIONAL REQUIREMENTS

5-A DCMR § 163 CHILD DEVELOPMENT CENTER: INDOOR AND OUTDOOR PROGRAM SPACE

5-A DCMR § 164 CHILD DEVELOPMENT CENTER: DIRECTOR QUALIFICATIONS AND RESPONSIBILITIES

5-A DCMR § 165 CHILD DEVELOPMENT CENTER: TEACHER QUALIFICATIONS AND RESPONSIBILITIES

5-A DCMR § 166 CHILD DEVELOPMENT CENTER: ASSISTANT TEACHER QUALIFICATIONS AND RESPONSIBILITIES

5-A DCMR § 167 CHILD DEVELOPMENT HOME: ADDITIONAL REQUIREMENTS

5-A DCMR § 168 CHILD DEVELOPMENT HOME: CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

5-A DCMR § 169 EXPANDED CHILD DEVELOPMENT HOME: ADDITIONAL REQUIREMENTS

5-A DCMR § 170 EXPANDED CHILD DEVELOPMENT HOME: CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

5-A DCMR § 171 CHILD DEVELOPMENT HOME AND EXPANDED CHILD DEVELOPMENT HOMES: ASSOCIATE CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES

5-A DCMR § 172 OUT-OF-SCHOOL-TIME PROGRAM: ADDITIONAL REQUIREMENTS

5-A DCMR § 173 OUT-OF-SCHOOL TIME PROGRAM: CENTER DIRECTOR QUALIFICATIONS AND RESPONSIBILITIES

5-A DCMR § 174 OUT-OF-SCHOOL TIME PROGRAM: GROUP LEADER QUALIFICATIONS AND RESPONSIBILITIES

5-A DCMR § 175 OUT-OF-SCHOOL-TIME PROGRAM: ASSISTANT GROUP LEADER QUALIFICATIONS AND RESPONSIBILITIES

5-A DCMR § 176 OUT-OF-SCHOOL-TIME PROGRAM: PROFESSIONAL DEVELOPMENT REQUIREMENTS FOR STAFF