Resolution of assessment, evaluation, placement, and funding disputes

1. Law
2. District of Columbia Code
3. Educational Institutions
4. Placement of Students with Disabilities in Nonpublic Schools
5. Resolution of assessment, evaluation, placement, and funding disputes

(a) The due process procedures set forth in Chapter 25C of this title [§ 38-2571.01 et seq.], Chapter 30 of Title 5 of the District of Columbia Municipal Regulations, and IDEA shall govern any disputes between a student’s parent or guardian and the LEA or SEA regarding the assessment, evaluation, placement, and funding of a student with a disability in a nonpublic special education school or program.

(b) In conformity with the IDEA, the SEA may not terminate funding for the last approved nonpublic placement of a student while an administrative or judicial review of a recommended placement is pending.

(Mar. 14, 2007, D.C. Law 16-269, § 105, 54 DCR 841; Mar. 10, 2015, D.C. Law 20-195, § 202(e), 61 DCR 12419.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-195 rewrote (a); and substituted “the SEA” for “DCPS” in (b).

Emergency Legislation

For temporary (90 day) addition, see § 105 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).

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