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.

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5451 (July 1, 2011).