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Current as of January 01, 2024 | Updated by Findlaw Staff
For the purposes of this subchapter, the term:
(1) “Health condition” means a physical or mental illness, injury, pre-birth complications, childbirth, postpartum recovery, or impairment that prevents a student from participating in the day-to-day activities typically expected during school attendance.
(2) “Home or hospital instruction” means academic instruction and support provided to a student participating in a home and hospital instruction program.
(3) “Home and hospital instruction program” means a program that provides instruction and support to students who have been or are anticipated to be absent, on a continuous, partial, or intermittent basis, from their school of enrollment for 10 or more consecutive or cumulative school days during a school year due to a health condition.
(4) “Home and hospital instruction policy” means a public document written by an LEA that:
(A) Sets forth the process for applying for home or hospital instruction and appealing a denial of eligibility; and
(B) Includes the required contents of a medical certification of need.
(5) “IDEA” means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.), and its implementing regulations.
(6) “IEP” means an Individualized Education Plan, which is a written plan that specifies special education programs and services to be provided to meet the unique educational needs of a child with a disability, as required under section 614(d) of IDEA (20 U.S.C. § 1414(d)).
(7) “LEA” means local education agency, which is the District of Columbia Public School system or any individual or group of public charter schools operating under a single charter in the District.
(8) “Medical certification of need” means a written statement signed by a licensed physician, licensed nurse practitioner, licensed clinical psychologist, licensed mental health counselor or therapist, or physician's assistant that:
(A) Certifies that a student has been diagnosed with a health condition and explains how the health condition has caused or is anticipated to cause the student to be absent, on a continuous, partial, or intermittent basis, from the student's school of enrollment for 10 or more consecutive or cumulative school days during a school year;
(B) Contains a recommendation that the student receive home or hospital instruction, to the extent permitted by the student's health condition;
(C) States the anticipated duration of the student's health condition; and
(D) States whether the student's health condition is anticipated to cause continuous, partial, or intermittent absence from school.
(9) “Medical recertification of need” means a medical certification of need verifying the continued need for home or hospital instruction.
(10) “OSSE” means the Office of the State Superintendent of Education established by § 38-2601.
(11) “Parent” means a parent, guardian, or other person who has custody or control of a student enrolled in a school or in an LEA, a student who is 18 years or older, or an emancipated minor.
(12) “Section 504” means section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 394; 29 U.S.C. § 794), and its implementing regulations.
(13) “Section 504 Plan” means a written plan that specifies the accommodations and services provided to a student pursuant to Section 504.
Cite this article: FindLaw.com - District of Columbia Code Division VI. Education, Libraries, and Cultural Institutions. § 38-251.01. Definitions. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-vi-education-libraries-and-cultural-institutions/dc-code-sect-38-251-01/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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