On December 4, 2009, Office of the State Superintendent of Education (OSSE) published final rules for Charter Schools in Title 5, Subtitle E, Chapter 30 of the District of Columbia Municipal Regulations (DCMR). These regulations clarify the roles and responsibilities of LEA Charters, OSSE, and the District of Columbia Public Schools (DCPS) regarding children enrolled in charter schools who are eligible for special education services. The regulations were created to ensure alignment between DC law and regulations with the intent of Individuals with Disabilities Education Act (ACT) 2004 and related 2006 regulations that specify requirements of LEAs. Consistent with IDEA, the regulations establish clear expectations for LEA Charters and District charters. Specifically, the regulations clarify:
- Least Restrictive Environment (LRE) requirements;
- Annual reporting requirements related to section 300.640 through 300.645;
- Responsibilities for due process, settlement agreements and mediation requirements; and
- Student placement from an LEA Charter into a nonpublic school
The State Board of Education and the State Superintendent of Education recognize the necessity for support in order to come into full compliance with these regulations. To assist with this effort, OSSE’s Department of Special Education will be providing additional guidance and is available for ongoing technical assistance and training. It is important to note that these regulations are effective immediately. If you have any questions or concerns please contact Grace Chien, LEA Charter Policy and Implementation Specialist with the Department of Special Education at [email protected] or (202) 741-5089.