Title 38 — Educational Institutions.
65 chapters · 836 sections in this title.
D.C. Code § 38-2571.01 Short title
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This subchapter may be cited as the “Special Education Procedural Protections Expansion Act of 2014”.
D.C. Code § 38-2571.02 Definitions
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For the purposes of this chapter, the term: (1) “Child with a disability” shall have the same meaning as provided in section 602(3) of IDEA (20 U.S.C. § 1401(3)). (2) “IDEA” means the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § …
D.C. Code § 38-2571.03 Procedural safeguards; due process requirements
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In addition to any procedural safeguards and due process requirements required by IDEA: (1) Before any change in service location for a child with a disability is made, the LEA shall provide the parent with written notice of the proposed change, which shall at minimum include: (A…
D.C. Code § 38-2571.04 Transfer of rights
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(a) A child with a disability who has reached 18 years of age shall be presumed to be competent, and all rights under IDEA shall transfer to the student, unless: (1) The student has been adjudged incompetent under law; (2) Pursuant to a procedure established by OSSE pursuant to 2…
D.C. Code § 38-2572.01 Short title
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This subchapter may be cited as the “Special Education Due Process Hearing Independence and Transparency Act of 2014”.
D.C. Code § 38-2572.02 Hearing officer selection
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(a) OSSE shall administer impartial due process hearings as required by IDEA (20 U.S.C. § 1415(f) and 20 U.S.C. § 1439(a)(1)) and may issue regulations necessary for this purpose. (b) In selecting hearing officers for administering special education due process hearings, OSSE sha…
D.C. Code § 38-2572.03 Evaluation and termination of hearing officers
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(a) The State Superintendent of Education may establish a process for submitting the records of individual hearing officers to the community review panel for evaluation before exercising a contract option year. (b) The contract of a hearing officer may only be terminated for good…
D.C. Code § 38-2572.04 Attorney abuses
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(a) Subject to IDEA and other applicable law, the chief hearing officer in the office for administering special education due process hearings (“office”) may enter an order restricting the practice of any attorney before the office after a showing that the attorney has engaged in…
D.C. Code § 38-2573.01 Rules
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Pursuant to the authority granted in § 38-2602(b)(11), the State Superintendent of Education may issue rules to implement the provisions of this chapter; provided, that the State Superintendent of Education shall issue rules to implement § 38-2571.04(a) by July 1, 2016.