District of Columbia Council Period 23 Status: Enacted

B 23-0392 — Students' Right to Home or Hospital Instruction Act of 2019

Last action — Act A23-0526 Published in DC Register Vol 67 and Page 14756

Track this bill free

No card. One bill, free forever — alerts when it moves.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Council
  4. ✓
    To Executive
  5. 5
    Enacted

This bill has been enacted into law. Introduced July 09, 2019. Enacted.

Prognosis

Advancing 60% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    7 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

229 added · 212 removed

229 line(s) added, 212 removed.

→
Previous
Latest
ENGROSSED ORIGINAL A BILL 3 23-392 5 IN THE COUNCIL FOR THE DISTRICT OF COLUMBIA 7 _______________ 9 To require the District of Columbia Public School system or any individual or group of public charter schools operating under a single charter in the District to adopt and implement a home and hospital instruction program that provides academic instruction and support to students who have been or will be absent from their school of enrollment for 10 or more consecutive or cumulative school days during a school year due to a health condition;
ENROLLED ORIGINAL AN ACT ____________ IN THE COUNCIL FOR THE DISTRICT OF COLUMBIA _______________________ To require the District of Columbia Public School system or any individual or group of public charter schools operating under a single charter in the District to adopt and implement a home and hospital instruction program that provides academic instruction and support to students who have been or will be absent from their school of enrollment for 10 or more consecutive or cumulative school days during a school year due to a health condition, to establish an appeals process to be administered by the Office of the State Superintendent Education, and to require the Office of the State Superintendent of Education to promulgate implementing regulations.
to establish an appeals process to be administered by the Office of the State Superintendent Education;
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Students’ Right to Home or Hospital Instruction Act of 2020".
and to require the Office of the State Superintendent of Education to promulgate implementing regulations.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Students' Right to Home or Hospital Instruction Act of 2020".
For the purpose of this act, the term:
For the purposes of this act, the term:
(1) "Health condition" means a physical or mental illness, injury, or impairment that prevents a student from participating in the day-to-day activities typically expected during school attendance.
(1) “Health condition” means a physical or mental illness, injury, or impairment that prevents a student from participating in the day-to-day activities typically expected during school attendance.
(2) “Home or hospital instruction” mean academic instruction and support provided to a student participating in a home and hospital program.
(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 ENGROSSED ORIGINAL 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.
(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:
(4) “Home and hospital instruction policy” means a public document written by an LEA that:
(A) Sets forth the process for applying for home and hospital instruction and appealing a denial of eligibility;
(A) Sets forth the process for applying for home or hospital instruction and appealing a denial of eligibility;
(5) "IDEA" means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat.
(5) “IDEA” means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat.
§ 1400et seq.), and its implementing regulations.
§ 1400 et seq.), and its implementing regulations.
(6) "IEP" means an Individualized Education Plan, which is a written plan that 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.
ENROLLED ORIGINAL (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.
(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.
(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 statement that:
(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 ENGROSSED ORIGINAL 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;
(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;
(B) Contains a recommendation that the student receive home or hospital instruction, to the extent permitted by the student’s health condition;
Official Code § 38-201).
Official Code § 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.
(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.
(12) “Section 504” means section 504 of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat.
(13) "Section 504 Plan" means a written plan that specifies the accommodations and services provided to a student pursuant to Section 504.
(13) “Section 504 Plan” means a written plan that specifies the accommodations and services provided to a student pursuant to Section 504.
ENGROSSED ORIGINAL (a) Beginning in school year 2022-2023, every LEA shall adopt and implement a home and hospital instruction program.
(a) Beginning in school year 2022-2023, every LEA shall adopt and implement a home and hospital instruction program.
(1) Be designed to promote a participating student's academic progress, allow the student to stay current with classroom instruction in core subjects to the greatest extent possible, foster coordination between the student's classroom teachers and the home or hospital instructors, and facilitate the rapid reintegration into classroom instruction when the student returns to school;
(1) Be designed to promote a participating student’s academic progress, allow the student to stay current with classroom instruction in core subjects to the greatest extent possible, foster coordination between the student’s classroom teachers and the home or hospital ENROLLED ORIGINAL instructors, and facilitate the rapid reintegration into classroom instruction when the student returns to school;
and;
and (2) Ensure coordination of home or hospital instruction with any special education services, IEP, or Section 504 plan the student receives or is eligible to receive and the continued provision of any special education and related services and accommodations to the student.
(2) Ensure coordination of home and hospital instruction with any special education services, IEP, or Section 504 plan the student receives or is eligible to receive and the continued provision of any special education and related services and accommodations to the student.
(b) Every LEA shall designate at least one employee to manage the LEA’s home and hospital instruction program.
(b) Every LEA shall designate at least one employee to manage the LEA's home and hospital instruction program.
(c) Nothing in this act shall alter an LEA’s obligations under IDEA, Section 504, or the Americans with Disabilities Act of 1990, approved July26, 1990 (104 Stat.
(c) Nothing in this act shall alter an LEA's obligations under IDEA, Section 504, or the Americans with Disabilities Act.
327;
42 U.S.C.
§ 12101 et seq.).
ENGROSSED ORIGINAL (2) Upon receipt of a request for home or hospital instruction from a parent of a student enrolled in the LEA, the LEA shall document the request no later than 2 school days following receipt and shall provide information to the parent explaining the process for submitting a written application for home or hospital instruction and obtaining a medical certification of need.
(2) Upon receipt of a request for home or hospital instruction from a parent of a student enrolled in the LEA, the LEA shall document the request no later than 2 school days following receipt and shall provide information to the parent explaining the process for submitting a written application for home or hospital instruction and obtaining a medical certification of need.
(4) Upon approval of home or hospital instruction pursuant to this subsection, the LEA shall commence the delivery of such instruction in accordance with section 7 of this act.
Nothing in this provision shall prohibit an LEA, as part of its review of the application and medical certification, from proposing accommodations to allow the student to remain in school;
provided, that the medical professional signing the medical certification of need shall agree in writing that such accommodations meet the medical needs of the student and permit in-school instruction.
(4) Upon approval of an application for home or hospital instruction pursuant to this subsection, the LEA shall commence the delivery of such instruction in accordance with section 7 of this act.
(5) OSSE shall promulgate regulations governing the home or hospital instruction process that are consistent with this act and that establish safeguards that ensure due deference to the medical opinions set forth in the student’s medical certification of need while facilitating the return of the student to school when medically feasible.
(5) OSSE shall promulgate regulations to define what constitutes a completed application and medical certification of need and any other regulations that may be necessary to ensure due deference to the medical opinions set forth in the medical certification of need while facilitating the return of the student to school when medically feasible.
(c)(1) The LEA shall issue a written decision approving or denying a home or hospital instruction program application submitted pursuant to subsection (a) of this section.
ENROLLED ORIGINAL (c)(1) The LEA shall issue a written decision approving or denying a home or hospital instruction program application submitted pursuant to subsection (a) of this section.
The decision ENGROSSED ORIGINAL shall contain a written explanation of the basis for the approval or denial, and if the LEA denies a request, the decision shall state specifically that the basis for its determination was a missing or incomplete application or medical certification of need.
The decision shall contain a written explanation of the basis for the approval or denial, and if the LEA denies an application, the decision shall state specifically that the basis for its determination was a missing or incomplete application or medical certification of need.
(2) The LEA shall issue the written decision required in paragraph (1) of this subsection no later than five days following the receipt of the application for home or hospital instruction.
(2) The LEA shall issue the written decision required by paragraph (1) of this subsection no later than 5 days after the receipt of the application for home or hospital instruction.
(a) Except as provided in subsection (b), a student's home or hospital instruction shall last no longer than the estimated duration of the student’s health condition, as provided in the student’s medical certification of need, or 60 days, whichever is less.
(a) Except as provided in subsection (b) of this section, a student’s home or hospital instruction shall last no longer than the estimated duration of the student’s health condition, as provided in the student’s medical certification of need, or 60 days, whichever is less.
(b) A parent may extend a student’s home or hospital instruction for additional periods of no more than 60 days each by submitting medical recertifications of need at least five days before the date on which the parent desires the extension to commence.
(b) A parent may extend a student’s home or hospital instruction for additional periods of no more than 60 days each by submitting a medical recertification of need at least 5 days before the date on which the parent desires the extension to commence.
Appeals process.
Mediation and appeals process.
Show all 74 changed rows (34 more)
Previous
Latest
(a) OSSE shall administer an appeals process for the denial of an application for home or hospital instruction submitted pursuant to 4 or 5.
(a) OSSE shall administer an appeals and mediation process for the denial of an application for home or hospital instruction submitted pursuant to section 4 or 5.
ENGROSSED ORIGINAL (b) A parent has a right to appeal the approval or denial decision made by the LEA.
(b) A parent has a right to appeal the approval or denial decision made by the LEA.
The appeals process is as follows:
The appeals and mediation process is as follows:
(1) A parent shall submit a written request for an appeal to OSSE.
(1) A parent shall submit a written request for an appeal to OSSE within 10 days of receipt of the LEA’s written decision.
As part of the parent's written request, the parent may request an opportunity to be heard in person by the appeals panel.
The request for an appeal shall include a copy of the medical certification of need in support of the request for home or hospital instruction and a copy of the LEA’s decision, as well as any other information required by OSSE in its published policies.
(2) The appeal shall be reviewed by a 3-member panel within OSSE.
(2) OSSE shall provide mediation between the LEA and the parent.
(3) The parent shall have the burden of proof on appeal;
If the mediation fails to resolve the issues raised by the appeal within 8 school days following receipt of the appeal or such other time as mutually agreed to by the parties, the appeal shall be reviewed by a 3-member appeals panel within OSSE.
In the event the matter is referred to the appeals panel, the parent may request an opportunity to be heard before the panel.
(3) The parent shall have the burden of proof on appeal to the appeals panel;
(4) The appeals panel shall issue a written response to the parent's request for an appeal no later than 15 school days following receipt of the appeal.
ENROLLED ORIGINAL (4) The appeals panel shall issue a written response to the parent’s request for an appeal no later than 10 school days following receipt of the appeal.
(b) An LEA shall provide a minimum number of per week hours of direct instruction for eligible students according to the medical certification of need.
(b) An LEA shall provide a minimum number of hours per week of direct instruction for eligible students according to the medical certification of need.
ENGROSSED ORIGINAL (1) For eligible students absent on an intermittent or partial basis, the LEA may adjust the minimum required amount of direct instruction based on the student's schedule and amount of in-school instruction the student is expected to receive.
(1) For eligible students absent on an intermittent or partial basis, the LEA may adjust the minimum required amount of direct instruction based on the student's schedule and amount of in-school instruction the student is expected to receive.
(2) For purposes of this subsection, direct instruction shall mean instruction provided in-person by a home or hospital instructor or, with the consent of the parent, instruction provided by a home or hospital instructor via real-time videotelephony;
(2) For purposes of this subsection, the term “direct instruction” means instruction provided in-person by a home or hospital instructor or, with the consent of the parent, instruction provided by a home or hospital instructor via real-time videotelephony;
provided, that an LEA may provide direct instruction via real time videotelephony without the consent of the parent in the following circumstances:
provided, that an LEA may provide direct instruction via real-time videotelephony without the consent of the parent in the following circumstances:
(C) When a household member has been diagnosed with a communicable disease if the student is to receive instruction at home;
(C) When a household member has been diagnosed with a communicable Disease, if the student is to receive instruction at home;
(c) An LEA shall develop a home and hospital instruction program that provides content aligned to that being provided in the student's classroom.
(c) An LEA shall develop a home and hospital instruction program that provides content aligned to that being provided in the student’s classroom.
or ENGROSSED ORIGINAL (4) Combine any of the delivery options described in paragraphs (1) through (3) of this subsection.
or (4) Combine any of the delivery options described in paragraphs (1) through (3) of this subsection.
(a) A healthcare institution that admits a student approved to receive home or hospital instruction under this act shall, consistent with its obligations under federal and state law, cooperate and coordinate with the student's LEA in providing such instruction to the student.
ENROLLED ORIGINAL (a) A healthcare institution that admits a student approved to receive home or hospital instruction under this act shall, consistent with its obligations under federal and state law, cooperate and coordinate with the student's LEA in providing such instruction to the student.
(b) Each healthcare institution referenced in subsection (a) shall establish a point of contact to coordinate home or hospital instruction with the LEA.
(b) Each healthcare institution referenced in subsection (a) of this section shall establish a point of contact to coordinate home or hospital instruction with the LEA.
(a) Every LEA shall publish its written home or hospital instruction program policy online in a reader-friendly format and provide a copy of the program policy to parents after a request for home or hospital instruction has been made.
(a) Every LEA shall publish its written home and hospital instruction policy online in a reader-friendly format and provide a copy of the home and hospital instruction policy to parents after a request for home or hospital instruction has been made.
(b) On an annual basis, each LEA shall report to OSSE approvals or denials to provide home or hospital instruction made, including reasons for denial and the name of the individual who provided the medical certification of need, and type of instruction delivered.
(b) On an annual basis, each LEA shall report to OSSE approvals or denials to provide home or hospital instruction made, including the reasons for denial, the name of the individual who provided the medical certification of need, and the type of instruction delivered.
ENGROSSED ORIGINAL (c) Upon submission of an application for home or hospital instruction, the LEA shall require the home or hospital designee to provide the parent with a notice of their rights as they pertain to IDEA and Section 504, as appropriate.
(c) Upon submission of an application for home or hospital instruction, the LEA shall require its home or hospital designee to provide the parent with a notice of their rights as they pertain to IDEA and Section 504, as appropriate.
No later than 120 days following the effective date of this act, OSSE shall promulgate regulations to implement the provisions of this act.
No later than 120 days after the applicability date of this act, OSSE shall promulgate regulations to implement the provisions of this act.
Applicability.
(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.
(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.
(c)(1) The Budget Director shall cause notice of the certification to be published in the District of Columbia Register.
(2) The date of publication of the notice of the certification shall not affect the applicability of this act.
Sec.
13.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of approved October 16, 2006 (120 Stat.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat.
Sec.
ENROLLED ORIGINAL Sec.
13.
14.
10
______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 7
⬇ Download PDF
View plain text versions (3)

Action History

  1. Act A23-0526 Published in DC Register Vol 67 and Page 14756

  2. Returned from Mayor

  3. Signed by the Mayor and Enacted with Act Number A23-0526

  4. Transmitted to Mayor, Response Due on Dec 22, 2020

  5. Final Reading

  6. Amendment (Mendelson #2)

  7. Amendment (Mendelson #1)

  8. Committee Report Filed

  9. First Reading, CC

  10. Committee Mark-up of B23-0392

  11. Committee Report Filed, Includes Hearing Record

  12. Committee Mark-up of B23-0392

  13. Public Hearing on B23-0392

  14. Notice of Public Hearing Published in the District of Columbia Register

  15. Notice of Intent to Act on B23-0392 Published in the District of Columbia Register

  16. Referred to Committee on Education, and Committee of the Whole with comments from the Committee on Health

  17. B23-0392 Introduced by Councilmembers Grosso, Todd, T. White, Nadeau, Cheh, and R. White at Committee of the Whole

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

7 sponsors · 0 co-sponsors · 12 not signed on

Sponsors (7)

Co-sponsors (0)

None.

Not signed on (12)

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

healthcare education
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors B 23-0392?
B 23-0392 is sponsored by White, Robert C., Mary Cheh, Brianne K. Nadeau, Trayon White, Sr., Brandon Todd, and David Grosso.
What is the current status of B 23-0392?
This bill has been enacted into law. Introduced July 09, 2019. Enacted.
Where can I track B 23-0392?
Track B 23-0392 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on B 23-0392

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of B 23-0392

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →