{"data":{"id":"us-dc/d.c.-code-38-251.01","jurisdiction":"us-dc","citation":"D.C. Code § 38-251.01","heading":"Definitions.","body":"(a)\nFor the purposes of this subchapter, the term:\n(1)\n\"Health condition\" means a physical or mental illness, injury, pre-birth complications, childbirth, postpartum recovery, or impairment that prevents a student from participating in the day-to-day activities typically expected during school attendance.\n(2)\n\"Home or hospital instruction\" means academic instruction and support provided to a student participating in a home and hospital instruction program.\n(3)\n\"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.\n(4)\n\"Home and hospital instruction policy\" means a public document written by an LEA that:\n(A)\nSets forth the process for applying for home or hospital instruction and appealing a denial of eligibility; and\n(B)\nIncludes the required contents of a medical certification of need.\n(5)\n\"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.\n(6)\n\"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)).\n(7)\n\"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.\n(8)\n\"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:\n(A)\nCertifies 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;\n(B)\nContains a recommendation that the student receive home or hospital instruction, to the extent permitted by the student's health condition;\n(C)\nStates the anticipated duration of the student's health condition; and\n(D)\nStates whether the student's health condition is anticipated to cause continuous, partial, or intermittent absence from school.\n(9)\n\"Medical recertification of need\" means a medical certification of need verifying the continued need for home or hospital instruction.\n(10)\n\"OSSE\" means the Office of the State Superintendent of Education established by § 38-2601.\n(11)\n\"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.\n(12)\n\"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.\n(13)\n\"Section 504 Plan\" means a written plan that specifies the accommodations and services provided to a student pursuant to Section 504.","path":["Title 38. Educational Institutions.","Chapter 2. Compulsory School Attendance and Expulsion.","Subchapter IV. Students' Right to Home or Hospital Instruction."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/38-251.01","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"8709b6035256c67f9979f72d28b3c89324fef9ab599f684d2daf13f0aa0a76a5","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-38-241","next":"us-dc/d.c.-code-38-251.02"},"notice":"GroundRules: Original legal text. Not legal advice."}