§ 38–251.01. Definitions.

For the purposes of this subchapter, 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.

(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.