D.C. Mun. Regs. tit. 5-E, § 3813
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
3813.3
(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.
SOURCE: Final Rulemaking published at 54 DCR 005844 (June 15, 2007).