Title 38 — Educational Institutions.

Nothing in this chapter shall be construed to diminish the oversight activities of the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives with respect to any agreement entered into between the Secretary of…

Effective with new admissions for academic year 1993-1994 and each succeeding academic year, the University (including preparatory, undergraduate, and graduate students) and NTID shall limit the enrollment of international students to approximately 10 percent of the total postsec…

There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 1993 through 1997 to carry out the provisions of this chapter, relating to: (1) Gallaudet University; (2) Kendall Demonstration Elementary School; and (3) The model secondary school…

Repealed Repealed.

Repealed Repealed.

Repealed Repealed.

Repealed Repealed.

Repealed Repealed.

Repealed Repealed.

Repealed Repealed.

(a) American Sign Language (“ASL”) is one of the top 4 widely used languages in the United States and Canada. (b) The District of Columbia has over 20,000 deaf and hard of hearing residents, many of whom use ASL as their primary language. (c) ASL has met the accepted linguistic c…

For the purposes of this chapter, the term: (1) “American Sign Language” or “ASL” means a visual language that is separate and distinct from English and other languages, and uses the hands, arms, facial markers, and body movements to convey grammatical information. (2) “ASLTA” me…

(a) American Sign Language may be offered in elementary and secondary public schools, community colleges, and 4-year universities and colleges, as a modern foreign language for which credit may be given. In secondary public schools, where offered for credit, ASL courses may be ta…

Repealed Repealed.

There is established a Special Education Task Force (“Task Force”) with the purpose of serving as a collaborative body of District agencies that will monitor, support, and implement special education reform within the District of Columbia Public Schools.

Specific functions of the Task Force shall include the following: (1) Within 60 days of the approval of the Board of Education, adopt, by a majority vote, the Special Education Reform Plan developed pursuant to § 38-2553; (2) Convene monthly, or more frequently as deemed necessar…

The Superintendent of Schools shall develop a Special Education Reform Plan (“Reform Plan”) which shall include the following: (1) Measurable goals; (2) Timelines for deliverables; (3) Roles and responsibilities of all District agencies that provide special education related serv…

(a) The Task Force shall be comprised of the following 9 voting members, or designees thereof: (1) The Mayor of the District of Columbia; (2) The Chair of the Committee on Education, Libraries and Recreation for the Council of the District of Columbia; (3) The Chair of the Commit…

(a) The voting members of the Task Force shall adopt and sign a Memorandum of Understanding regarding the implementation of the Reform Plan, which shall be submitted to the Council. (b) This chapter shall expire upon the submission of the Memorandum of Understanding to the Counci…

For the purposes of this chapter, the term: (1) “Aversive intervention” means specific strategies for behavioral-treatment intervention, including: (A) Noxious, painful, intrusive stimuli or activities that result in pain; (B) Any form of noxious, painful, or intrusive spray or i…

(a)(1) Before paragraph (2)(A) of this subsection taking [sic] effect, an LEA shall assess or evaluate a student who may have a disability and who ma y require special education services within 120 days from the date that the student was referred for an evaluation or assessment. …

(a) If an LEA anticipates that it may be unable to implement a student’s IEP or provide a student with an appropriate special education placement in accordance with the IDEA and other applicable laws or regulations, the LEA shall notify the SEA. The SEA shall cooperate with the L…

(a) If another District of Columbia government agency places a student with a disability in a nonpublic special education school or program, the SEA shall fund the placement unless and until the other agency agrees to fund the placement. (b) The District of Columbia shall comply …

(a) The due process procedures set forth in Chapter 25C of this title [§ 38-2571.01 et seq.], Chapter 30 of Title 5 of the District of Columbia Municipal Regulations, and IDEA shall govern any disputes between a student’s parent or guardian and the LEA or SEA regarding the assess…

When a student is receiving education and related services from a nonpublic special education school or program that is approved by the SEA under § 38-2561.07 and receives funding from the District of Columbia government, the LEA shall participate in the initial meeting to develo…

(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 to the Council 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…

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) 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…