§ 38–251.06. Delivery of home or hospital instruction.

(a) An LEA shall begin delivering home or hospital instruction no later than 5 school days following an approval of an application for home or hospital instruction.

(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.

(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, 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:

(A) During a public health emergency;

(B) When the student has been diagnosed with a communicable disease;

(C) When a household member has been diagnosed with a communicable Disease, if the student is to receive instruction at home; or

(D) When the LEA determines safety concerns prevent the delivery of in-person services.

(c) An LEA shall develop a home and hospital instruction program that provides content aligned to that being provided in the student's classroom.

(d) To satisfy the provisions of this section, an LEA may:

(1) Employ staff to provide instructional services to a student;

(2) Contract with private providers to deliver instructional services;

(3) Contract with other LEAs to provide instructional services; or

(4) Combine any of the delivery options described in paragraphs (1) through (3) of this subsection.