D.C. Mun. Regs. tit. 5-A, § 3024
Home and Hospital Instruction (Required for Fape)
Effective Jul 1, 2022Published May 27, 202269 DCR 005902Authority: Sections 3(b)(8), 3(b)(9), 3(b)(10), 3(b)(11), and 3(b)(15) 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), (b)(9), (b)(10), (b)(11) and (b)(15) (2018 Repl.)); Sections 102(b) and 202(b) of the Enhanced Special Education Services Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-195; D.C. Official Code §§ 38-2614(a)(1) & (b) and 38-2561.02(a)(2018 Repl.)); Section 115 of 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 § 38-2561.15) (2018 Repl.)); Mayor’s Order 2007-149, dated June 28, 2007; Part B and Part C of the Individuals with Disabilities Education Act, approved December 3, 2004 (Pub. L. 108-446; 118 Stat. 2647; 20 U.S.C. § 1400 et seq.) (“IDEA”) and regulations promulgated thereunder at 34 C.F.R. Parts 300 and 303; and Title I, Subpart A and Title III, Subpart A of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (Pub. L. 89-10, 79 Stat. 27), as amended by the Every Student Succeeds Act, approved December 10, 2015 (Pub. L. 114-95, 129 Stat. 1802; 20 U.S.C. §§ 6311-6339 and §§ 6811-6861) and Section 204(f) of the Equal Educational Opportunities Act of 1974, approved August 21, 1974 (Pub. L. 93-380; 88 Stat. 514; 20 U.S.C. § 1703(f)). Source: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).District of Columbia, Office of the Secretary
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.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).