Code of the District of Columbia

§ 38–2561.16. Reporting requirements.

(a) The SEA shall report annually, on or before the 1st day of the school year, for each nonpublic special education school or program:

(1) The name and location of each nonpublic special education school or program issued or denied a Certificate of Approval by the SEA, including the status of each;

(2) The number of children assigned to each school or program;

(3) Any enforcement action that has been taken with respect to the license, Certificate of Approval, or charter of the school or program;

(4) Any action the school or program has taken, or is taking, with respect to an enforcement action;

(5) All incident reports, including any report of abuse, neglect, or use of aversive intervention regarding any student placed by an LEA;

(6) Any investigation taken by the school or program as a result of an incident, including:

(A) The time it took to complete the investigation;

(B) Whether the parents or guardian of the student, the LEA, and the SEA have been informed of the report; and

(C) The progress and outcomes of the investigation, including any action taken by the facility; provided, that the information shall not be reported in a manner that violates any applicable provision of federal, state, or local law relating to the privacy of student information.

(b) The report shall be made available to the public on the SEA’s website.

(Mar. 14, 2007, D.C. Law 16-269, § 116; as added Mar. 20, 2009, D.C. Law 17-304, § 2(e), 55 DCR 12806; Mar. 10, 2015, D.C. Law 20-195, § 202(l), 61 DCR 12419; Dec. 13, 2017, D.C. Law 22-33, § 4148, 64 DCR 7652.)

Effect of Amendments

The 2015 amendment by D.C. Law 20-195 substituted “an LEA” for “the SEA” in (a)(5); added “the LEA” in (a)(6)(B); and substituted “SEA’s website” for “SEA and DCPS Internet sites” in (b).


Section 4150 of D.C. Law 22-33 provided that the amendment made to this section shall apply as of June 27, 2017.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 4148 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 4148 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).