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.

SOURCE: Notice of Final Rulemaking published at 58 DCR 5442, 5454 (July 1, 2011).