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:

1. (a) Student eligibility requirements;
2. (b) Student selection process;
3. (c) Student admission and enrollment processes;
4. (d) Student supports;
5. (e) Student obligations and requirements (e.g., code of conduct, attendance, and behavior expectations);
6. (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:
7. (1) Data sharing and data privacy expectations;
8. (2) Requirements for reporting and programmatic audit and evaluation purposes;
9. (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
10. (4) Funding and cost sharing requirements; and
11. (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.

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).