(a) The SEA shall schedule periodic monitoring visits to each nonpublic 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 chapter and its implementing regulations for the purpose of reviewing an application for a Certificate of Approval;
(2) To verify compliance with this chapter and its implementing regulations when a nonpublic special education school or program receives District of Columbia government funds for its educational program;
(3) To investigate allegations or complaints related to this chapter, violations of the IDEA, or an applicable local or federal law regarding child safety and welfare; during which the nonpublic school’s Certificate of Approval shall be placed on probation throughout the pendency of any investigation of an allegation or complaint of child safety and welfare; and
(4) To determine compliance with applicable local regulations or to monitor program quality.
(Mar. 14, 2007, D.C. Law 16-269, § 109, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(h), 61 DCR 12419.)
The 2015 amendment by D.C. Law 20-195 rewrote (b)(3); and substituted “applicable local” for “DCPS” in (b)(4).
For temporary (90 day) addition, see § 109 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).
Structure District of Columbia Code
Title 38 - Educational Institutions
Chapter 25B - Placement of Students with Disabilities in Nonpublic Schools
§ 38–2561.02. Assessment and placement of a students with a disability — General
§ 38–2561.05. Resolution of assessment, evaluation, placement, and funding disputes
§ 38–2561.06. Participation of LEA in development or review of the IEP
§ 38–2561.07. Certificate of Approval for nonpublic special education schools or Programs — General
§ 38–2561.08. Certificate of Approval — Compliance
§ 38–2561.09. Certificate of Approval — Inspection
§ 38–2561.10. Certificate of Approval — Renewal
§ 38–2561.11. Certificate of Approval — Denial, revocation, refusal to renew, or suspension
§ 38–2561.12. Rate-setting for nonpublic schools
§ 38–2561.13. Rate-setting for nonpublic schools — Reconsideration