Title 38, Educational Institutions.

(a) The SEA shall develop and administer a Certificate of Approval process for nonpublic special education schools or programs that serve District of Columbia students with disabilities with funding from the District of Columbia government by January 1, 2009. The Certificate of A…

(a) All nonpublic special education schools or programs serving students with disabilities with funding provided by the District of Columbia government shall come into full compliance with this chapter by August 15, 2007, for the 2007-2008 academic school year. (b) To continue re…

(a) The SEA shall schedule periodic monitoring visits to each nonpublic special education school or program at least once every 3 years. The employees of the SEA may make unannounced visits to a school or program during the 3-year period. (b) A nonpublic special education school …

(a) Nonpublic schools and programs for special education students may have their Certificates of Approval renewed for a period not to exceed 3 years. (b) If a Certificate of Approval has not been renewed by the SEA on or before the renewal anniversary date, the Certificate of App…

(a) The SEA may deny, revoke, refuse to renew, or suspend a Certificate of Approval for any one or combination of the following causes: (1) Violating any provision of this chapter, applicable rules of the SEA, or applicable federal laws or regulations, except that noncompliance w…

(a) The Mayor, or his or her designee, shall administer and implement a rate-setting process for the payment of tuition and related services to nonpublic special education schools and programs that provide special education and related services to students with disabilities funde…

(a) A nonpublic special education school or program may request reconsideration of a rate approved by the Mayor, or his or her designee, by the Rate Reconsideration Panel established by § 38-2561.14. A rate is eligible for reconsideration only for matters that relate to the abili…

(a) A Rate Reconsideration Panel shall be established to review requests for rate reconsideration. The Panel shall be comprised of the following individuals: (1) One individual designated by the State Superintendent of Education; (2) Repealed; (3) One individual designated by the…

(a) Not later than 90 days after March 14, 2007, the Mayor shall issue regulations to implement the powers and duties assigned to the Mayor by this chapter. (b) Not later than 90 days after March 14, 2007, DCPS shall issue regulations to implement its powers and duties pursuant t…

(a) The SEA shall report annually, on or before the 1st day of the school year, for each nonpublic special education school or program: (1) The name and location of each nonpublic special education school or program issued or denied a Certificate of Approval by the SEA, including…

This subchapter may be cited as the “Special Education Procedural Protections Expansion Act of 2014”.

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. § …

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…

(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…

This subchapter may be cited as the “Special Education Due Process Hearing Independence and Transparency Act of 2014”.

(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…

(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…

(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…

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.

(a)(1) "Dyslexia" means a specific learning disability that: (A) Is neurobiological in origin; (B) Is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities, which typically result from a deficiency in the phonological c…

(a) Beginning with School Year 2022-2023, OSSE shall provide an array of supports, informed by best practices such as the knowledge and practice standards of an international association of dyslexia, to assist LEAs and public schools to achieve the requirements and goals set fort…

(a) Repealed. (b) Beginning with School Year 2024-25, and annually thereafter, each educator employed by an LEA by October 5 of a given school year shall complete awareness training on reading difficulties as provided or approved by OSSE.

(a) Beginning with School Year 2023-2024, using the guidance provided by OSSE pursuant to § 38-2581.02(a)(3), an LEA shall ensure that all students in kindergarten through second grade are screened for reading difficulties. (b) If an LEA chooses to use a screening instrument that…

(a) Beginning with School Year 2023-2024, if the screening results from the universal screening performed pursuant to § 38-2581.04 indicate that a student is at risk of having a reading difficulty, an LEA shall: (1) Provide remediation and intervention instruction that will expli…

(a) Beginning October 31, 2024, and by October 31 of each year thereafter, District of Columbia Public Schools ("DCPS") and each public charter LEA shall send a letter to OSSE reporting whether each school under the LEA's authority has complied with the requirements set forth in …

Beginning with School Year 2024-2025, each LEA shall adopt a science-based reading program.

(a) There is established, under the Office of the Mayor, an Office of the State Superintendent of Education. (b) The OSSE shall be headed by a State Superintendent of Education, who shall be appointed by the Mayor with the advice and consent of the Council in accordance with § 1-…

The Office of the State Superintendent of Education shall serve as the state education agency and perform the functions of a state education agency for the District of Columbia under applicable federal law, including grant-making, oversight, and state educational agency functions…

For the purposes of this chapter, the term: (a)(1) "Child with a disability" shall have the same meaning as provided in section 602(3) of the Individuals with Disabilities Education Act, approved April 13, 1970, (84 Stat. 175; 20 U.S.C. § 1401(3)). (1A) "CTE grant program" is the…

(a) Within one year of the Officer’s appointment, but not later than October 2001, and except as provided in § 38-2604, the OSSE shall assume the responsibilities listed in subsection (b) of this section. The transfer and assumption of responsibilities shall take place in accorda…

(a) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the District of Columbia Board of Education that support state-level functions related to state education agency responsib…

The short-term SEO plan shall: (1) Be formulated in consultation with the Board of Education, the Superintendent of Schools, the Public Charter School Board, District agencies with responsibilities for functions specified in § 38-2602, the District of Columbia Financial Responsib…

(a) Subject to the SEO’s determination that adequate funds and staffing are available to ensure a successful transfer, and that the assumption of authority conforms with all pertinent requirements of federal law, the short-term plan shall include the following timelines: (1) With…

(a)(1) Not later than July 1, 2001, the SEO shall submit recommendations to the Mayor and the Council, based on a study of the additional responsibilities that should be assumed by the SEO, and a transitional plan for each responsibility. (2) The study, recommendations, and trans…

(a) Within 90 days of June 12, 2007, the Office of the State Superintendent of Education shall submit to the Mayor for approval a detailed transition plan, in accordance with § 38-2606, for implementation of the transfers set forth in §§ 7-863.03a, 38-2601(d), 38-2602.01, and 38-…

All District agencies, including the District of Columbia Public School system, currently performing state-level functions related to public education shall continue to perform such functions until such date as those functions are transferred away from them pursuant to approved t…

(a) There is established a lapsing fund to be designated as the Higher Education Licensure Commission Site Evaluation Fund (“Fund”), which shall be a segregated account within the General Fund of the District of Columbia, administered by the Office of the State Superintendent of …

(a) The OSSE shall be the state agency responsible for supervision of adult education and adult literacy. (b) All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the University o…

(a) The OSSE, in coordination with the Office of the Chief Technology Officer, shall develop and implement a longitudinal educational data warehouse system (“EDW system”) to be used by: (1) The OSSE; (2) The University of the District of Columbia; (3) Public schools; (4) Public c…

(a)(1) OSSE shall develop and administer all student tests and evaluations required by federal law or as a condition of a federal grant including the yearly student academic assessments that are required for the purposes of determining adequate yearly progress under Title I, Part…

(a) There is established the career and technical education grant program, which shall be administered by OSSE, that, beginning in the 2015-2016 school year, shall provide supplemental funds to DCPS and to public charter schools to support and enhance career and technical educati…

(a)(1) There is established the CTE Grant Program Fund, which shall be administered by OSSE in accordance with subsections (c) and (d) of this section. (b) The Fund shall consist of the revenue from the following sources: (1) Annual appropriations, if any; and (2) Grants, gifts, …

(a) Beginning with School Year 2024-2025 and annually by March 1 thereafter, OSSE shall publish on its website the following information concerning CTE programs for the previous school year: (1) The total number of students enrolled in CTE courses; (2) The total number of CTE stu…

(a) There is established as a special fund the Advanced Technical Centers Fund ("ATC Fund"), which shall be administered by OSSE in accordance with subsection (c) of this section. (b) There shall be deposited into the ATC Fund money paid to the District by private entities for th…

(a)(1) There is established as a special fund the Special Education Enhancement Fund (“Enhancement Fund”), which shall be administered by OSSE in accordance with subsections (c) and (d) of this section. (b) Revenue from the following sources shall be deposited into the Enhancemen…

(a)(1) Beginning July 1, 2018, the first IEP in effect after a child with a disability reaches 14 years of age shall include transition assessments and services, including: (A) Appropriate measurable postsecondary goals based upon age- appropriate transition assessments related t…