Chapter 25. Special Education and Assessment.

§ 38–2501. Assessment and placement of special education students. [Repealed]

Repealed.

(Mar. 26, 1999, D.C. Law 12-175, § 602, 45 DCR 7193; Oct. 19, 2000, D.C. Law 13-172, § 2712, 47 DCR 6308; Nov. 13, 2003, D.C. Law 15-39, § 342, 50 DCR 5668; Mar. 14, 2007, D.C. Law 16-269, § 201, 54 DCR 841.)

Prior Codifications

1981 Ed., § 31-1861.

Section References

This section is referenced in § 4-204.52 and § 7-1811.03.

Emergency Legislation

For temporary amendment of section, see § 2 of the Assessment and Placement of Special Education Students Emergency Act of 1998 (D.C. Act 12-375, June 5, 1998, 45 DCR 4459).

For temporary (90-day) amendment of section, see § 2714 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 2712, 2722, and 2732 to 2735 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) amendment of section, see § 4(c) of the Redevelopment Land Agency Disposition Review Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-524, January 11, 2001, 48 DCR 624).

For temporary (90 day) amendment of section, see § 2(a) of the Redevelopment Land Agency Disposition Fiscal Year 2001 Budget Support Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-563, January 31, 2001, 48 DCR 1620).

For temporary (90 day) addition of provisions, see §§ 2 to 6 of Special Education Task Force Emergency Act of 2002 (D.C. Act 14-395, June 25, 2002, 49 DCR 6100).

For temporary (90 day) amendment of section, see § 2 of Special Education Task Force Expansion Emergency Amendment Act of 2002 (D.C. Act 14-541, December 3, 2002, 49 DCR 11660).

For temporary (90 day) provisions affecting this section, see §§ 3352-3356 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) provisions establishing a Special Education Task Force, see § 2 of Special Education Task Force Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-480, October 3, 2002, 49 DCR 9582).

For temporary (90 day) Special Education Task Force provisions, see §§ 2 to 6 of Special Education Task Force Establishment Emergency Act of 2003 (D.C. Act 15-85, May 19, 2003, 50 DCR 4110).

For temporary (90 day) amendment of section, see § 342 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) addition of §§ 38-2551 to 38-2555, see §§ 2 to 6 of Special Education Task Force Establishment Congressional Review Emergency Act of 2003 (D.C. Act 15-129, July 29, 2003, 50 DCR 6840).

For temporary (90 day) amendment of section, see § 342 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) repeal of section, see § 201 of Placement of Students with Disabilities in Nonpublic Schools Emergency Amendment Act of 2006 (D.C. Act 16-667, December 28, 2006, 54 DCR 1134).

Temporary Legislation

Section 2(c) and 3(c) of D.C. Law 13-197 added a sentence to provide, “Further, the District of Columbia Public Schools (DCPS) shall work with the Mayor and Council to resolve any concerns regarding attorney-related costs of special education.”

Section 5(b) of D.C. Laws 13-197 provided that the act shall expire after 225 days of its having taken effect.

Section 2 of D.C. Law 14-262 amended section 5(b) of D.C. Law 14-210 by making nonsubstantive changes in pars. (8) and (9); and adding par. (10) to read as follows:

“(10) Two parents of District of Columbia Special Education students.”

Section 4(b) of D.C. Law 14-262 provided that the act shall expire after 225 days of its having taken effect.

Sections 2 through 6 of D.C. Law 14-210 added provisions reading as follows:

“Sec. 2. Establishment.

“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.”

“Sec. 3. Functions.

“Specific functions of the Task Force shall include the following:

“(1) Within 60 days of the approval of the Board, adopt by a majority vote, the Special Education Reform Plan developed pursuant to section 4;

“(2) Convene monthly or more frequently as deemed necessary and appropriate by its members to report on the progress, identify obstacles, and recommend amendments to the Reform Plan;

“(3) Identify ways that better coordinate and improve special education service delivery;

“(4) Monitor the Special Education Reform Plan, developed by the Superintendent for the District of Columbia Public Schools and approved by the Board of Education for the District of Columbia, to determine whether its being executed in an appropriate and timely manner; and

“(5) Determine specific savings targets for Fiscal Year 2004 and beyond, including those associated with the Tobacco Settlement funds provided to the District of Columbia Public Schools in Fiscal Year 2003.”

“Sec. 4. Special Education Reform Plan.

“The Superintendent shall develop a Special Education Reform Plan (‘Reform Plan’) which shall include the following:

“(1) Measurable goals;

“(2) Time line for deliverables;

“(3) Roles and responsibilities of all District agencies that provide special education related services;

“(4) Proposed legislative amendments;

“(5) Targeted savings activities for fiscal years 2003-2005; and

“(6) Review and input from Task Force members.”

“Sec. 5. Composition of the Task Force.

“(a) The Task Force shall be comprised of the following 9 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 Committee of Finance and Revenue for the Council of the District of Columbia;

“(4) The President of the Board of Education;

“(5) The District of Columbia Public Schools Superintendent;

“(6) The State Education Officer of the District of Columbia;

“(7) The Deputy Mayor for Children, Youth, Families and Elders;

“(8) The Chief Financial Officer for the District of Columbia; and

“(9) The Chief Financial Officer for the District of Columbia Public Schools.

“(b) The following shall serve as advisory, nonvoting members of the Task Force:

“(1) All the members of the Council’s Committee on Education, Libraries and Recreation;

“(2) The department head or designee of the Office of Special Education;

“(3) The department head or designee of the Committee on Special Education and Student Services for the Board of Education;

“(4) The department head or designee of the Office of Corporation Counsel;

“(5) The department head or designee of the Department of Mental Health;

“(6) The department head or designee of the Child and Family Services Agency;

“(7) The department head or designee of the Medical Assistance Administration;

“(8) The department head or designee of the Office of Medicaid Public Provider Operation Reform; and

“(9) The representative of the State Advisory Panel on Special Education in the District of Columbia.

“(c) The Task Force shall be co-chaired by the Mayor and the Chair of the Committee on Education, Libraries and Recreation.

“(d) The Director of the State Education Office shall provide staffing for the Task Force.”

“Sec. 6. Memorandum of Understanding.

“The voting members of the Task Force shall adopt and sign a Memorandum of Understanding regarding the implementation of the Reform Plan.”

Section 8(b) of D.C. Law 14-210 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title of subtitle C of title XXXIV of Law 14-190: Section 3451 of D.C. Law 14-190 provided that subtitle C of title XXXIV of the act may be cited as the Special Education Multiyear Budget Plan Act of 2002.

Short title of subtitle E of title III of Law 15-39: Section 341 of D.C. Law 15-39 provided that subtitle E of title III of the act may be cited as the Special Education Student Assessment, Evaluation, and Placement Amendment Act of 2003.

Editor's Notes

Application of D.C. Law 12-175: Section 604 of D.C. Law 12-175 provided that the act shall apply upon enactment by the United States Congress of legislation authorizing 120 days for the Board of Education and the District of Columbia Public Schools to assess and place special education students.

Special Education Assessment and Placement Act of 1998: Section 601 of D.C. Law 12-175 provided that title VI of the act may be cited as the “Special Education Assessment and Placement Act of 1998.”

Section 141 of Public Law 106-113 provided: “Notwithstanding any other provision of law, not later than 120 days after the date that a District of Columbia Public Schools (DCPS) student is referred for evaluation or assessment—

“(1) the District of Columbia Board of Education, or its successor, and DCPS shall assess or evaluate a student who may have a disability and who may require special education services; and

“(2) if a student is classified as having a disability, as defined in section 101(a)(1) of the Individuals with Disabilities Education Act (84 Stat. 175; 20 U.S.C. 1401(a)(1)) or in section 7(8) of the Rehabilitation Act of 1973 (87 Stat. 359; 29 U.S.C. 706(8)), the Board and DCPS shall place that student in an appropriate program of special education services.”

Section 2722 of D.C. Law 13-172, as amended by D.C. Law 13-226, § 4(c) and D.C. Law 13-313, § 24, provided:

“It is District of Columbia policy that there shall be no limit on the fee payment for attorneys in special education matters in any way that is different than federal law applying to the 50 states, unless the Mayor, the Council, the Board of Education, and the District of Columbia Financial Responsibility and Management Assistance Authority concur in a Memorandum of Understanding setting forth a rate and amount of compensation; provided, that the District of Columbia Public Schools shall work with the Mayor and Council to resolve any concerns regarding attorney-related costs of special education.”

Establishment—State Advisory Panel on Special Education, see Mayor’s Order 2001-28, February 14, 2001 ( 48 DCR 2192). Placement in Special Education Services. Section 121 of Pub. L. 107-96 provided:

“Notwithstanding any other provision of law, not later than 120 days after the date that a District of Columbia Public Schools (DCPS) student is referred for evaluation or assessment—

“(1) the District of Columbia Board of Education, or its successor, and DCPS shall assess or evaluate a student who may have a disability and who may require special education services; and

Payment of Attorney Fees. Section 140(a) of Pub. L. 107-96 provided:

“(a) Notwithstanding 20 U.S.C. 1415, 42 U.S.C. 1988, 29 U.S.C 794a, or any other law, none of the funds appropriated under this Act, or in appropriations Acts for subsequent fiscal years, may be made available to pay attorneys’ fees accrued prior to the effective date of this Act that exceeds a cap imposed on attorneys’ fees by prior appropriations Acts that were in effect during the fiscal year when the work was performed, or when payment was requested for work previously performed, in an action or proceeding brought against the District of Columbia Public Schools under the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq.)”

Sections 3452 to 3456 of D.C. Law 14-190 provided:

“Sec. 3452. No later than December 31, 2002, Superintendent of the District of Columbia Public Schools shall submit to the Chief Financial Officer of the District of Columbia a multiyear financial plan which details the projected cost of services for the Special Education program for fiscal years 2003 through 2006, and shall be based on a performance plan for the same fiscal years. The multiyear financial plan shall specify reasonable assumptions for inflation, personal service levels, and wage increases, and identify all budgetary assumptions being used. The multiyear financial plan shall calculate and specify the cost per fiscal year to achieve the objectives and goals set forth in the performance plan.

“Sec. 3453. In developing the multiyear financial plan, the Superintendent of the District of Columbia Public Schools shall work as closely as possible with the Special Education Task Force established pursuant to section 2303(b)(5)(A)(ii) of the Tobacco Settlement Trust Fund Establishment Act of 1999, effective October 20, 1999 (D.C. Law 13-38; D.C. Official Code § 7-1811.03(b)(5)(A)(ii).

“Sec. 3454. The Chief Financial Officer shall have the authority to require greater specificity in the multiyear financial plan. When the Chief Financial Officer is satisfied with the quality and detail of the multiyear financial plan, but in any event no later than March 1, 2003, the Superintendent of the District of Columbia Public Schools shall submit the multiyear financial plan for special education to the Council.

“Sec. 3455. The multi-year financial plan shall include all funds, including local and federal funds.

“Sec. 3456. (a) For the purposes of this subtitle subtitle C of Title XXXIV,§§ 3451 to 3457, of D.C. Law 14-190, ‘performance plan’ is a detailed statement that includes:

“(1) A mission statement —a broad statement of central purpose;

“(2) Objectives —less broad statements of desired outcomes resulting from accomplishing the mission; and

“(3) Goals —target levels of performance expressed in tangible, measurable terms, against which actual achievement of objectives can be compared; a goal may be expressed as a population target, or as a quantitative standard, value, or rate.

“(b) The performance plan shall describe the strategy for how the mission (including its needs assessment goals and service delivery goals and objectives) will be accomplished. This description of strategy shall include all of the functions, activities, operations, and projects required for effective implementation of the performance plan. There shall be one or more measures of performance, that address both quantity and quality, for each goal. The performance plan shall state measurable or objective performance goals and objectives for all significant activities of the agency or program. The plan shall identify (describe and quantify) the classes of persons to be served and how (qualitatively and quantitatively) those classes will change as a result of the mission, objectives, and goals.

“(c) The performance plan shall also provide national norms, industry standards, typical benchmarks, performance measures from other cities, or other relevant comparative data.

“(d) The performance plan shall detail how the agency or program will provide improved service delivery that:

“(1) Fulfills its mission (including objectives and goals);

“(2) Reduces expenditures over the time frame of the plan, especially from local funds; and

“(3) Creates operational efficiencies to accomplish this.”