Home and Hospital Instruction Policy
The purpose of this policy is to document the processes and procedures for applying for and receiving home or hospital instruction (HHI) at Briya Public Charter School.
Pursuant Chapter 25, Subtitle A, Title 5 of the DC Municipal Register: Students’ Right to Home and Hospital Instruction HHI, Briya is required to offer academic instruction and support to students who have been or will be absent from school for ten (10) or more consecutive or cumulative school days during a school year due to a health condition. For non-compulsory age students who do not have Individual Education Plans (IEPs), Briya will work with the student and their family to determine if exiting for a period is a better fit for that student’s situation (e.g., if an adult student gives birth to a child).
Briya’s unenrollment policy gives preference to previously enrolled students who wish to return after a medical absence.
Application for Home and Hospital Instruction
An adult student or parent of a prekindergarten student seeking HHI may submit an oral or written request to Briya PCS. Within two school days of an initial request for HHI, Briya will:
Any applicant for HHI is required to present a medical certification from their health care provider. The request cannot be granted until medical certification is provided. Briya will deny any application for HHI if the application is missing information or is otherwise incomplete. An application for HHI should not be used in the instance where a student’s IEP requires HHI as the student’s least restrictive environment under IDEA.
Briya will provide a written decision on the submitted application that:
- Includes a written explanation of the basis for the approval or denial;
- If approved, describes a written plan for the delivery of HHI that includes the service delivery location, service to be delivered, identification of virtual and/or in-person service delivery as the method of service, identification of the number of hours per week of direct instruction for eligible students according to the medical certification of need, and the schedule for service delivery;
- States specifically, if Briya denies the application, that the basis for that determination is that the application or medical certification of need was missing information or incomplete; and
- Provides information on the right of a parent to appeal Briya’s approval or denial of the application to the Office of the State Superintendent of Education (OSSE).
If HHI is approved, during the provision of such instruction Briya may make reasonable requests for information from the parent concerning the student’s continuing medical need for HHI and work with a student’s parent to develop accommodations or measures that would permit the student to return to school.
Medical Certification of Need
A medical certification of need is a written statement, either on a form provided by OSSE or any other form containing this information, signed by a licensed physician, licensed nurse practitioner, licensed clinical psychologist, licensed mental health counselor or therapist, or physician assistant that:
- States the signatory’s license number;
- 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 unable to attend in-school instruction, on a continuous, partial, or intermittent basis, at the student’s school of enrollment or attendance for ten (10) or more consecutive or cumulative school days during a school year;
- Contains a recommendation that the student receive HHI, to the extent permitted by the student’s health condition;
- States whether there is a maximum number of direct instructional hours that the student may receive per week based on the student’s health condition;
- States the anticipated duration and frequency of the student’s health condition, and the needed start date of services; and
- States whether the student’s health condition is anticipated to cause continuous, partial, or intermittent absence from school.
A medical recertification of need is a written statement, either on a form provided by OSSE or any other form containing this information, signed by a licensed physician, licensed nurse practitioner, licensed clinical psychologist, licensed mental health counselor or therapist, or physician assistant that:
- States the signatory’s license number;
- Verifies the continued need for HHI and whether the student requires instruction in a home or hospital;
- States whether there is a maximum number of direct instructional hours that the student may receive per week based on the student’s health condition; and
- States the anticipated duration and frequency of the student’s health condition.
HHI Delivery and Attendance
Briya will design a HHI program that promotes participating students’ academic progress, allows the student to stay current with classroom instruction in core subjects to the greatest extent possible, fosters coordination between the student’s classroom teachers and the HHI instructors, and facilitates the rapid reintegration into classroom instruction when the student returns to school. HHI instructors will provide content aligned to that being provided in the student’s classroom at Briya.
Briya will begin delivering HHI to a student whose application has been approved no later than five (5) school days after Briya approved the application.
Briya will identify and provide a minimum number of hours per week of direct instruction for an approved student based on the medical certification or recertification of need.
Briya 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.
Direct instruction will be provided in-person by a home or hospital instructor, except that with the consent of the parent, direct instruction may be provided by a home or hospital instructor via real-time videotelephony or asynchronous learning. Briya may provide direct instruction via videotelephone in real-time or asynchronous learning without a parent’s consent in the following circumstances:
- During a public emergency, including a public health emergency, declared by the Mayor of the District of Columbia;
- When the student has been diagnosed with a communicable disease as defined in 22-B DCMR Chapter 2, or any superseding regulation;
- When a household member has been diagnosed with a communicable disease as defined in 22-B DCMR Chapter 2, or any superseding regulation, if the student is to receive instruction at home;
- When Briya determines that safety concerns prevent in-person instruction; or
- When the student is receiving medical treatment outside of the District of Columbia.
Briya may satisfy the provisions of this section through employing staff to provide instructional services to a student, contracting with private providers to deliver instructional services, contracting with other LEAs to provide instructional services, or combining any of the foregoing delivery options.
Briya will maintain a student receiving HHI on the regular attendance roll and count the student as medically excused, except when a student is not available for HHI, in which event the student may be counted absent.
Briya will ensure due deference to the medical opinions set forth in the medical certification of need, including any medical opinions regarding the return of the student to in-school instruction when medically feasible, including the use of accommodations or supports recommended by the medical professional.
Upon return of the student to in-school instruction, Briya may propose accommodations to allow the student to remain in school. Such accommodations must be agreed upon in writing by the medical professional signing the medical certification of need who agrees that such accommodations meet the medical needs of the student and permit in-school instruction.
Students with Disabilities
For students with individual education plans (IEPs), Briya will continue to deliver instruction in accordance with each individual student’s IEP. Content delivered during HHI will continue to align with the content being covered in the student’s class for the duration of their time away from school.
When a parent makes a request for HHI for a student who is suspected of being or is eligible for special education services under the IDEA, Briya will:
- Provide the parent with notice of the procedural safeguards under the IDEA defined by 34 CFR § 300.504; and
- Consider whether the request for HHI could impact the student’s educational placement in the least restrictive environment, and if so, convene a placement determination team to review and revise the educational placement of the student, as appropriate, and to review and revise the student’s IEP, as appropriate.
If Briya convenes a placement determination team to review whether the educational placement of a student with a disability should be changed, the determination and eligibility for HHI will be governed by the IDEA and any applicable District law or regulation governing IDEA rather than the standards in this chapter.
If a student with a disability is placed in HHI in accordance with the IDEA, the provision and duration of services will be governed by the IDEA and any applicable District law or regulation governing IDEA rather than the standards in this chapter.
Mediation and Appeals
Should a parent or adult learner wish to appeal the decision made by Briya about their right to HHI, they can submit an appeal to the Office of the State Superintendent of Education. The appeals form can be found here.
A parent may appeal Briya’s decision to approve or deny a request for HHI by submitting a written request for an appeal to OSSE. An appeal to OSSE will be submitted within ten (10) calendar days of receipt by the parent of the Briya’s written decision. The written request for an appeal will:
- Include the student’s name, date of birth, universal student identification number (USI), and the name of the LEA of enrollment (Briya) and school of attendance at the time of the appeal request;
- Describe how the denial or approval decision made by the LEA was not made in accordance with this chapter;
- Include a copy of the medical certification or recertification of need in support of the request for HHI; and
- Include a copy of the written decision of Briya.
If a parent appeals a decision by Briya to approve a request for HHI, the appeal will be limited to Briya’s decision to approve and will not include an appeal of Briya’s written plan for implementation of HHI.
Upon receipt of the parent’s request for appeal, OSSE will provide mediation between the parent and Briya. OSSE will provide the parent notice of the proposed mediation date and an opportunity to request an alternative date for mediation.
Policy Posting
This policy will be included in Briya’s Student Handbook beginning in the 2023-2024 school year and will be posted on the school’s website. It will also be provided to any student or parent who has made a request for HHI so that they are informed of the school’s process. This policy will also be provided to any applicant for HHI at the time of their application and at any point of recertification of the request.
Contact
Briya staff responsible for oversight of this policy are Elizabeth Bowman, Chief Academic Officer (ebowman@briya.org) and Lena Johnson, Director of Early Childhood Education (ljohnson@briya.org).
Reference
Home and Hospital Instruction Legislation
Home and Hospital Instruction Regulations
