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Nonpublic Oversight: OSSE Policy & Guidance

Certificate of Approval for Nonpublic Schools
To be eligible to serve a student with a disability whose education is funded by the District of Columbia government, a nonpublic special education school or program, except under rare and exceptional circumstances, must hold and maintain a certificate of approval issued by the Office of the State Superintendent of Education (OSSE).

The certificate of approval process maintains oversight of nonpublic special education schools or programs to ensure that every District of Columbia student with a disability who is placed in a nonpublic school - including day schools, residential treatment or psychiatric residential treatment facilities - is afforded a free and appropriate education (FAPE) in the least restrictive environment, in a school where the health and safety of students are protected.

In conformance with local regulations, OSSE publishes and makes available to the public the list of OSSE-approved nonpublic special education schools or programs. The list includes information on the specifications that appear on the actual certificate of approval itself including: the name, address, contact information, website address and the current level of approval of each school or program, as well as grades, ages and disability categories served.

Compliance Monitoring
On an annual basis, OSSE monitors local education agencies (LEAs) that have students placed in nonpublic schools to ensure compliance with the Individuals with Disabilities Education Act (IDEA) and the federal regulations that govern the provision of specialized instruction and related services to students with disabilities. The OSSE IDEA Part B Student Compliance Monitoring Tool is used by OSSE monitors for monitoring purposes.

OSSE schedules periodic monitoring visits with each nonpublic special education school or program at least once during the validity period of each certificate of approval, to verify compliance with 5A DCMR Chapter 28 Regulations, and federal and local law. During the visit, OSSE monitors schools for compliance with an established set of regulatory requirements that are captured in the monitoring tool.

Representatives of OSSE may make unannounced visits to a nonpublic special education school or program, review student records and conduct interviews with students and staff. OSSE, as the District of Columbia’s state education agency, is entitled to immediate access to all student records for monitoring and investigative purposes and maintains their confidentiality as required by law. The nonpublic special education school or program is required to cooperate in full with any requests for documentation, file review, interviews and access to the facility during an unannounced visit. OSSE may interview students on site at a school or program without school representatives being present.

Representatives of OSSE may make unannounced visits to a nonpublic special education school or program, review student records and conduct interviews with students and staff. OSSE, as the District of Columbia’s state education agency, is entitled to immediate access to all student records for monitoring and investigative purposes and maintains their confidentiality as required by law. The nonpublic special education school or program is required to cooperate in full with any requests for documentation, file review, interviews and access to the facility during an unannounced visit. OSSE may interview students on site at a school or program without school representatives being present.

OSSE shall issue to the nonpublic special education school or program a monitoring report at least once in every period of validity for a certificate of approval, to include any findings of noncompliance with D.C. Official Code §38-2561 and local regulations, specifically 5A DCMR Chapter 28 Regulations.

Additional Information
For additional information about nonpublic oversight, please select the links below.

    

Contact Us

For questions or additional information, please email [email protected].

The Nonpublic Oversight and Support Program is administered by OSSE’s Office of Special Populations and Programs within the Division of Systems and Supports, K-12.

[Date Posted: May 11, 2023]