(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).