Office of Special Education and Rehabilitative Services; Assistance to States for the Education of Individuals With Disabilities

SUMMARY: Section 457 of the General Education Provisions Act (GEPA), 20

U.S.C. 1234f, authorizes the Secretary to enter into Compliance

Agreements with recipients that are failing to comply substantially

with Federal program requirements. In order to enter into a Compliance

Agreement, the Secretary must determine, in Written Findings and

Decision, that the recipient cannot comply, until a future date, with

the applicable program requirements, and that a Compliance Agreement is

a viable means of bringing about such compliance. On March 10, 1998,

the Secretary entered into a Compliance Agreement with the District of

Columbia Public Schools (DCPS) and issued Written Findings and Decision

on that matter. Under section 457(b)(2) of GEPA, 20 U.S.C. 1234f(b)(2),

the Written Findings and Decision and Compliance Agreement are to be

published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Dr. Gregory R. Corr, U.S. Department

of Education, Office of Special Education Programs, Mary E. Switzer

Building, 600 Independence Avenue S.W., Washington D.C., 20202-2722.

Telephone: (202) 205-9027. Individuals who use a telecommunications

device for the deaf (TDD) may call the TDD number at (202)260-5137.

Individual with disabilities may obtain this document in an

alternate format (e.g., Braille, large print, audiotape, or computer

diskette) on request to the contact person listed in the preceding

paragraph.

SUPPLEMENTARY INFORMATION: Section 454 of GEPA, 20 U.S.C. 1234c, sets

out the remedies available to the Department when it determines that a

recipient ``is failing to comply substantially with any requirement of

law applicable'' to the Federal program funds administered by this

agency. Specifically, the Department is authorized to:

(1) Withhold funds,

(2) Obtain compliance through a cease and desist order,

(3) Enter into a compliance agreement with the recipient, or,

(4) Take any other action authorized by law, 20 U.S.C. 1234c(a)(1)-

(4).

The Department's Office of Special Education Programs (OSEP) has

been working with DCPS over a number of years to address its serious

and on-going failure to comply with the requirements of Part B of the

Individuals with Disabilities Education Act (IDEA). On February 4 and

5, 1997, OSEP--as part of its regular monitoring program--conducted

public meetings at which parents, advocates, representatives of

professional groups, and concerned members of the community provided

testimony indicating that DCPS had failed to meet many of the

requirements of Part B. The testimony indicated that several of the

violations that had been identified in prior OSEP monitoring reports

had not been corrected. On February 10, 1997, OSEP met with General

Julius W. Becton, Jr., superintendent and chief executive officer for

DCPS, and members of his staff to discuss OSEP's serious concerns with

ongoing compliance issues in DCPS' special education programs. General

Becton and his staff acknowledged that the District's special education

programs did not comply with the requirements of Part B and informed

OSEP that DCPS was developing a strategic plan to address these

violations.

In a March 27, 1997 letter, General Becton informed OSEP that he

believed that developing a compliance agreement would be an appropriate

course of action which would be in the best interests of the children

of the District of Columbia. The purpose of a Compliance Agreement ``is

to bring the recipient into full compliance with the applicable

requirements of law as soon as feasible and not to excuse or remedy

past violations of such requirements.'' 20 U.S.C. 1234f(a). In order to

enter into a Compliance Agreement with a recipient, the Secretary must

determine that compliance until a future date is not genuinely feasible

and that a Compliance Agreement is a viable means for bringing about

such compliance.

On March 10, 1998, the Secretary issued Written Findings and

Decision which held that compliance by DCPS with the Part B

requirements to ensure that a free appropriate public education is made

available to all eligible children and youth with disabilities was

genuinely not feasible until a future date because of the ``magnitude

of the problem'' and the ``complex and long-term causes'' underlying

that problem, including an inadequate management system for its special

education program. The Secretary also determined that the Compliance

Agreement represents a viable means of bringing about compliance

because of the steps DCPS has already taken to address its

noncompliance, its commitment of resources and the plans it has

developed for further action. Moreover, the Agreement sets out a very

specific schedule that DCPS must meet in coming into compliance with

the Part B requirements. This schedule, coupled with specific data

collection and reporting requirements, will allow the Department to

monitor closely DCPS' progress in meeting the terms of the Compliance

Agreement. The Secretary signed the Compliance Agreement on March 10,

1998. The superintendent and chief executive officer for DCPS, General

Julius W. Becton, Jr. signed the Agreement on March 16, 1998.

As required by section 457(b)(2) of GEPA, 20 U.S.C. 1234f(b)(2),

the full text of the Secretary's Written Findings and Decision in the

Matter of the Request of the District of Columbia Public Schools to

Enter into a Compliance Agreement and the binding provisions of the

Compliance Agreement are set forth in this publication. The Action Plan

items mentioned in the introduction are not included in this Notice

because they were included in the Compliance Agreement for

informational purposes only, to demonstrate DCPS' commitment to coming

into full compliance with IDEA, and are not binding on DCPS. OSEP will

make copies of the Action Plan available to the public upon request.

Electronic Access to This Document

Anyone may view this document, as well as all other Department of

Education documents published in the Federal Register, in text or

portable document format (pdf) on the World Wide Web at either of the

following sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use the pdf you must have the Adobe Acrobat Reader Program with

Search, which is available free at either of the previous sites. If you

have questions about using the pdf, call the U.S. Government Printing

Office at (202) 512-1530 or, toll free at 1-888-293-6498.

Anyone may also view these documents in text copy only on an

electronic bulletin board of the Department. Telephone: (202) 219-1511

or, toll free, 1-800-222-4922. The documents are located under Option

G--Files/Announcements, Bulletins, and Press Releases.

[[Page 41371]]

Notes: The official version of a document is the document

published in the Federal Register.

(Authority: 20 U.S.C. 1234c and 1234f and 20 U.S.C. 1401, 1411-

1420.)

Dated: July 28, 1998.

Richard W. Riley,

Secretary of Education.

Text of the Secretary's Written Findings and Decision

I. Introduction

The United States Department of Education (the Department) has

determined, pursuant to 20 U.S.C. Secs. 1234c and 1234f, that the

District of Columbia Public Schools (DCPS) failed to comply

substantially with the requirements of Part B of the Individuals with

Disabilities Education Act (Part B), 20 U.S.C. Secs. 1401, 1411-1419,

and that it is not feasible for DCPS to achieve full compliance

immediately. The Department's Office of Special Education Programs

(OSEP) has been working with DCPS over a number of years to address its

serious and on-going failure to comply with the requirements of Part B.

On February 4 and 5, 1997, OSEP--as part of its regular monitoring

program--conducted public meetings at which parents, advocates,

representatives of professional groups, and concerned members of the

community provided testimony indicating that DCPS had failed to meet

many of the requirements of Part B. The testimony indicated that

several of the violations that had been identified in prior OSEP

monitoring reports had not been corrected. On February 10, 1997, OSEP

met with General Julius W. Becton, Jr., superintendent and chief

executive officer for DCPS, and members of his staff to discuss OSEP's

serious concerns with ongoing compliance issues in DCPS' special

education programs. General Becton and his staff acknowledged that the

District's special education programs did not comply with the

requirements of Part B and informed OSEP that DCPS was developing a

strategic plan to address these violations. In a March 27, 1997 letter,

General Becton informed OSEP that he believed that developing a

compliance agreement pursuant to 20 U.S.C. 1234f would be an

appropriate course of action which would be in the best interests of

the children of the District of Columbia.

The purpose of a Compliance Agreement is to bring a ``recipient

into full compliance with the applicable requirements of law as soon as

feasible and not to excuse or remedy past violations of such

requirements.'' 20 U.S.C. 1234f(a). In accordance with the requirements

of 20 U.S.C. 1234f(b)(1), a public hearing was conducted in the

District of Columbia by Department officials on June 18, 1997, at the

Logan Administration Building. Witnesses representing DCPS, affected

students and parents, and other concerned organizations testified at

this hearing on the question of whether the Department should grant

DCPS's request to enter into a Compliance Agreement. The Department has

reviewed this testimony, the proposed Compliance Agreement, and other

relevant materials.\1\ On the basis of this evidence, the Department

concludes, and hereby issues written findings in accordance with 20

U.S.C. Sec. 1234f(b)(2), that DCPS has met its burden of establishing

that:

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\1\ A copy of the Compliance Agreement, which was prepared by

DCPS in conjunction with representatives of this Department, is

appended to this decision as Attachment A.

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(1) DCPS compliance with the Part B requirements to ensure that a

free appropriate public education is made available to all eligible

children and youth with disabilities in the District of Columbia is not

feasible until a future date; and

(2) DCPS will be able to carry out the terms and conditions of the

Compliance Agreement and come into full compliance with the Part B

requirements within three years of the date of this decision.

During the effective period of the Compliance Agreement, which ends

three years from the date of this decision, DCPS will be eligible to

receive Part B funds as long as it complies with all the terms and

conditions of the Agreement. Any failure by DCPS to meet these

conditions will authorize the Department to consider the Compliance

Agreement no longer in effect. Under such circumstances, the Department

may take any enforcement action authorized by 20 U.S.C. Sec. 1234c. At

the end of the effective period of the Compliance Agreement, DCPS must

be in full compliance with Part B in order to maintain its eligibility

to receive funds under that program. 20 U.S.C. Sec. 1234c.

II. Relevant Statutory and Regulatory Provisions

A. Part B of the Individuals With Disabilities Education Act

Part B was passed in response to Congress' finding that a majority

of children with disabilities in the United States ``were either

totally excluded from schools or [were] sitting idly in regular

classrooms awaiting the time when they were old enough to drop out.''

H. Rep. No. 332, 94th Cong., 1st Sess. 2 (1975), quoted in Board of

Education v. Rowley, 458 U.S. 176, 181 (1982).2 Part B

provides Federal financial assistance to those State educational

agencies (SEAs) that demonstrate that they meet certain eligibility

requirements, including having in effect a policy to ensure that ``a

free appropriate public education [FAPE] is available to all children

with disabilities residing in the State between the ages of three and

twenty-one * * *'' 20 U.S.C. Sec. 1412(a)(1).3 FAPE is

defined as special education and related services that:

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\2\ Part B was recently amended by the Individuals with

Disabilities Education Act Amendments of 1997. (IDEA-97) This

decision and the attached agreement include citations to the current

statute as amended and the regulations currently in effect. On

October 22, 1997, the Department published proposed regulations to

implement IDEA-97. When these regulations are published in final,

the agreement will be amended to reflect any necessary changes to

the regulatory citations.

\3\ Part B defines ``child with a disability'' to mean a child

``with mental retardation, hearing impairments (including deafness),

speech or language impairments, visual impairments (including

blindness), serious emotional disturbance (hereinafter referred to

as `emotional disturbance'), orthopedic impairments, autism,

traumatic brain injury, other health impairments, or specific

learning disabilities and who, by reason thereof, needs special

education and related services.'' 20 U.S.C. Sec. 1401(3)(A). Under

sections 301(a)(1) and (a)(2)(H) of the Department of Education

Organization Act (DEOA), 20 U.S.C. Sec. 3441(a)(1) and (a)(2)(H),

Congress transferred the administration of Part B from the

Commissioner of Education to the Secretary of Education. Section

2078 of the DEOA, 20 U.S.C. Sec. 3417, in turn delegates

responsibility for Part B to the Assistant Secretary for Special

Education and Rehabilitative Services.

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(a) Have been provided at public expense, under public supervision

and direction, and without charge,

(b) Meet the standards of the State educational agency,

(c) Include an appropriate preschool, elementary, or secondary

school education in the State involved, and

(d) Are provided in conformity with the individualized education

program [IEP] required under section 614(d). [20 U.S.C. Sec. 1401(8)]

A State also must ensure that the Part B requirements regarding

evaluations, reevaluations, timeliness and implementation of due

process hearing decisions, child find, and the provision of an

education in the least restrictive environment are met. Part B requires

DCPS to ensure that:

sall children with disabilities residing in the [District of

Columbia] * * * including children with disabilities attending

private schools, regardless of the severity of their disabilities,

and who are in need of special education and related services are

identified,

[[Page 41372]]

located, and evaluated * * * [20 U.S.C. Sec. 1412(a)(3)(A)]

Moreover, a child with a disability cannot receive an initial special

education placement until an evaluation has been performed in

accordance with sections 614(a)(1), (b) and (c) of Part B.4

All children with disabilities must be placed in the least restrictive

environment appropriate to their individual needs, as required by

section 612(a)(5)(A) of Part B and 34 CFR Secs. 300.550-300.556. After

initial evaluation and placement, children with disabilities must be

reevaluated at least every three years in accordance with sections

614(a)(2), (b) and (c) of Part B.

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\4\ The current standard for conducting initial evaluations

within a reasonable period of time in DCPS was established by the

Federal district court's decree in Mills v. Board of Education of

the District of Columbia, 348 F. Supp. 866, 878-79 (D.DC 1972),

which requires that a student who has been referred for a special

education evaluation must be evaluated and placed within 50 days of

referral. Under Part B at 20 U.S.C. Sec. 1412(a)(11), States are

required to ensure compliance with State standards for the

implementation of programs for children with disabilities.

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As noted above, the provision of FAPE includes special education

and related services. ``Related services'' is defined to mean:

transportation and such developmental, corrective, and other

supportive services (including speech-language pathology and

audiology services, psychological services, physical and

occupational therapy, recreation, including therapeutic recreation,

social work services, counseling services, including rehabilitation

counseling, orientation and mobility services, and medical services,

except that such medical services shall be for diagnostic and

evaluation purposes only) as may be required to assist a child with

a disability to benefit from special education, and includes the

early identification and assessment of disabling conditions in

children. [20 U.S.C. Sec. 1401(22)]

The IEP for each child with a disability must specify the related

services which are to be provided. 34 CFR Sec. 300.346(a)(3). In order

to meet its obligation to make FAPE available, DCPS must be able to

identify, locate, and evaluate all children with disabilities who are

in need of special education and related services, provide timely

initial evaluations and reevaluations, place students in the least

restrictive environment appropriate to their individual needs and

provide the related services specified in each student's IEP.

DCPS must also ensure that its due process system, which is a

critical component of Part B designed to protect the rights of children

and their parents, meets the requirements of Part B. A final decision

must be issued no later than 45 days after receipt of a request for a

due process hearing as required by 34 CFR Sec. 300.512. Independent

hearing officer determinations must be implemented within the time

frame prescribed by the hearing determination as required by sections

615 (f) and (i) of Part B.

B. The General Education Provisions Act

The General Education Provisions Act (GEPA) provides the Department

with a number of options when it determines a recipient of Department

funds is ``failing to comply substantially with any requirements of law

applicable to such funds.'' 20 U.S.C. Sec. 1234c. In such cases, the

Department is authorized to:

(1) Withhold further payments under that program from the

recipient,

(2) Issue a complaint to compel compliance through a cease and

desist order,

(3) Enter into a compliance agreement with the recipient to bring

it into compliance; and

(4) Take any other action authorized by law. 20 U.S.C. Sec. 1234c.

In addition, under section 616(a) of Part B, if a State fails to

comply substantially with IDEA, the Department is authorized to

withhold, in whole or in part, any further payments to the State under

Part B or to refer the matter for appropriate enforcement action, which

may include referral to the Department of Justice.

Under section 457 of GEPA, the Department may enter into a

Compliance Agreement with a recipient that is failing to comply

substantially with specific program requirements. 20 U.S.C. Sec. 1234f.

The purpose of a Compliance Agreement is ``to bring the recipient into

full compliance with the applicable requirements of the law as soon as

feasible and not to excuse or remedy past violations of such

requirements.'' Before entering into a Compliance Agreement with a

recipient, the Department must hold a hearing at which the recipient,

affected students and parents or their representatives, and other

interested parties are invited to participate. In that hearing, the

recipient has the burden of persuading the Department that full

compliance with the applicable requirements of law is not feasible

until a future date and that a Compliance Agreement is a viable means

for bringing about such compliance. 20 U.S.C. Sec. 1234f(b)(1). If, on

the basis of all the available evidence, the Secretary determines that

compliance until a future date is genuinely not feasible and that a

Compliance Agreement is a viable means for bringing about such

compliance, he is to make written findings to that effect and publish

those findings, together with the substance of any Compliance

Agreement, in the Federal Register. 20 U.S.C. Sec. 1234f(b)(2).

A Compliance Agreement must set forth an expiration date, not later

than 3 years from the date of the Secretary's written findings, by

which time the recipient must be in full compliance with all program

requirements. 20 U.S.C. Sec. 1234f(c)(1). In addition, the Compliance

Agreement must contain the terms and conditions with which the

recipient must comply during the period that Agreement is in effect. 20

U.S.C. Sec. 1234f(c)(2). If the recipient fails to comply with any of

the terms and conditions of the Compliance Agreement, the Department

may consider the Agreement no longer in effect and may take any of the

compliance actions described previously. 20 U.S.C. Sec. 1234f(d).

III. Analysis

A. Overview of Issues To Be Resolved in Determining Whether a

Compliance Agreement Is Appropriate

In deciding whether a Compliance Agreement between the Department

and DCPS is appropriate, the Department must first determine whether

compliance by DCPS with the Part B requirements concerning evaluations,

reevaluations, related services, timeliness and implementation of due

process decisions, child find and least restrictive environment is not

feasible until a future date. 20 U.S.C. Sec. 1234f(b). The second issue

that must be resolved is whether DCPS will be able, within a period of

up to three years, to come into compliance with the Part B

requirements. Moreover, not only must DCPS come into full compliance by

the end of the effective period of the Compliance Agreement, it must

also make steady and measurable progress toward that objective while

the compliance agreement is in effect. If such an outcome is not

possible, then a Compliance Agreement between the Department and DCPS

would not be appropriate.

B. DCPS Has Failed To Comply Substantially With Part B

OSEP has been working with DCPS over a number of years to address

its serious and on-going failure to comply with the requirements of

Part B. In a monitoring report issued on February 8, 1994, OSEP found

that in several areas DCPS was not meeting its responsibility to ensure

that its educational programs for children with disabilities were being

[[Page 41373]]

administered in a manner consistent with the requirements of Part B and

its implementing regulations. OSEP found, among other things, that DCPS

did not provide the related services specified on a student's IEP,

place students in the least restrictive environment, conduct an

evaluation every three years or issue due process decisions within the

required 45 day timeline.

From March 1 through 6, 1995, OSEP conducted a follow-up review to

determine the extent to which DCPS was making progress towards

implementing selected corrective actions specified in the 1994

monitoring report. In a June 12, 1995 monitoring report, OSEP

determined that significant problems remained with regard to least

restrictive environment requirements and the provision of related

services. OSEP also determined that DCPS continued to have significant

problems with ensuring that students with disabilities are evaluated

every three years. In response to this report, DCPS submitted a

corrective action plan to ensure that these violations would be

corrected.

On February 4 and 5, 1997, in preparation for a monitoring visit

scheduled for the spring of 1997, OSEP conducted public meetings at

which parents, advocates, and representatives of professional groups

provided testimony indicating that DCPS has failed to meet many of the

requirements of Part B. Many people testified that DCPS was continuing

to have compliance problems in the same areas that had been identified

in the February 8, 1994 and June 12, 1995 monitoring reports. On

February 10, 1997, OSEP met with General Becton and members of his

staff to discuss OSEP's serious concerns with DCPS' ongoing

noncompliance with IDEA. There was substantial agreement between DCPS

and OSEP regarding DCPS' current noncompliance with Part B and the need

to develop a comprehensive corrective action plan. The Department

agreed to consider the possibility of entering into a compliance

agreement. In a March 27, 1997 letter, General Becton informed OSEP

that he believed that developing a compliance agreement would be an

appropriate course of action which is in the best interest of the

children of the District of Columbia.

C. The Noncompliance of DCPS With the Part B Requirements Identified in

the Compliance Agreement Cannot Be Corrected Immediately.

On June 18, 1997, pursuant to 20 U.S.C. 1234f(b)(1), the Department

conducted a public hearing to determine whether a compliance agreement

with DCPS is appropriate to address system-wide problems in the

provision of special education for students with disabilities residing

in the District of Columbia. As at the February hearings, parents,

advocates, service providers, and other interested parties testified

that DCPS was continuing to have compliance problems in the same areas

that had been identified in previous reports. Many commenters supported

the Department entering into a compliance agreement with DCPS but urged

the Department to make the agreement as specific as possible.

On January 26, 1998, DCPS reported that on January 5, 1998, 2,331

students who had been referred for a special education evaluation

awaited completion of an initial assessment and placement for longer

than 50 days. As of January 5, 1998, of the 655 hearing requests that

had been received, a final decision had not been issued within 45 days

of the request in 482 cases as required by 34 CFR Sec. 300.512. As of

January 5, 1998, 332 final decisions had not been fully implemented

within the time frame prescribed by the hearing determination. These

numbers are evidence of the magnitude of the problems faced by DCPS.

Through the monitoring process and the public hearing, the

Department has learned that DCPS's difficulties in complying with the

requirements of Part B are the outgrowth of a number of complex and

long-term causes including an inadequate management system for its

special education program. At the public hearing, DCPS itself

identified inadequate management and several other reasons why

compliance cannot be achieved until a future date. These reasons

include poor information management systems, lack of staff training,

inappropriate staff allocation and lack of appropriate programs.

All parties who testified at the public hearing, including DCPS,

agreed that DCPS must implement an effective system of managing its

special education program. The sheer magnitude of the problem faced by

DCPS leads the Department to conclude that DCPS will not be able to

come into compliance with the Part B requirements until a future date.

This conclusion is consistent with the testimony of all of the

witnesses at the public hearing.

D. DCPS Can Meet the Terms and Conditions of a Compliance Agreement and

Come Into Full Compliance With the Requirements of Part B Within Three

Years

The Chief Executive Officer, General Julius W. Becton, Jr., pledged

to rebuild the special education division of DCPS. Already, specific

steps have been taken, or are in the process of being planned, to

realize this goal. DCPS has developed a strategic plan designed to

reorganize its special education division and address the Part B

requirements for which DCPS is currently not in compliance. DCPS has

budgeted a total increase in resources dedicated to special education

of $20 million for the 1998-99 school year.

DCPS's special education division is currently undergoing a

reorganization and is planning to hire a team of three specialists to

coordinate special education. In the fall of 1997, DCPS completed new

position descriptions with performance expectations and standards for

all staff designed to improve accountability and assure quality. In

addition, DCPS has reallocated its staff to ensure more effective use

of its current personnel. A Child Find Liaison has been assigned and a

child find hotline has been established.

DCPS issued a request for proposals (RFP) in June 1997 for special

education assessment services. DCPS is in the process of recruiting

additional related service providers. DCPS has allocated additional

resources to ensure that due process hearings can be conducted within

the 45 day timeline. DCPS is planning to hire five additional

administrative law judges to conduct due process hearings and four

additional lawyers to represent DCPS at hearings. A mediation process

to meet the requirement of section 615(e) of Part B is being developed.

DCPS is conducting additional staff development training so that

they can serve students more inclusively at local schools. DCPS has

expanded its early childhood program to serve an additional 40

preschool children and under the terms of the agreement must continue

to expand its preschool programs. New programs have been developed for

high school age students with learning disabilities and elementary

school aged students who have emotional disturbance and DCPS' strategic

plan includes continuing to build up its program capabilities. The

steps DCPS has already taken, its commitment of resources, and the

plans it has developed for further action, demonstrate that DCPS has

the capacity to meet the terms and conditions of the Compliance

Agreement.

Finally, the Compliance Agreement sets out a very specific

schedule, that DCPS must meet during the next three years, for

attaining compliance with the many requirements of Part B. Therefore,

DCPS is committed not only to being in

[[Page 41374]]

full compliance with Part B within three years, but to meeting a

stringent, but reasonable, schedule for reducing the number of children

with disabilities in the District who have not received the

evaluations, reevaluations, and related services to which they are

entitled and for reducing the number of hearing decisions that have not

been issued within the 45 day timeline and the number of decisions that

have not been implemented. The Compliance Agreement also sets out data

collection and reporting procedures that DCPS must follow. These

provisions will allow the Department to ascertain promptly whether or

not DCPS is meeting each of its commitments under the Compliance

Agreement. The Compliance Agreement, because of the obligations it

imposes on DCPS, will provide the Department with the information and

authority it needs to protect the Part B rights of the District of

Columbia's children.

The task of ensuring that all children with disabilities receive

the rights and protections to which they are entitled under IDEA is

difficult given the long-standing problems in DCPS' special education

program. However, the Department has determined that with the

commitment of the new leadership to meet the terms and conditions of

this agreement, the process of improving special education services for

all students with disabilities residing in the District of Columbia can

begin immediately. For these reasons, the Department concludes that

DCPS can meet all the terms and conditions of the Compliance Agreement

and come into full compliance with Part B within three years.

IV. Conclusion

For the foregoing reasons, the Department finds the following: (1)

That full compliance by DCPS with the requirements of Part B is not

feasible until a future date, and (2) that DCPS can meet the terms and

conditions of the attached Compliance Agreement and come into full

compliance with the requirements of Part B within three years of the

date of this decision. Therefore, the Department determines that it is

appropriate for this agency to enter into a Compliance Agreement with

DCPS. Under the terms of 20 U.S.C. Sec. 1234f, that Compliance

Agreement becomes effective on the date of this decision.

Dated: March 10, 1998.

Richard W. Riley,

Secretary of Education.

Text of the Binding Provisions of the Compliance Agreement--

Compliance Agreement Under Part B of the Individuals With

Disabilities Education Act Between the United States Department of

Education and the District of Columbia Public Schools

Introduction

The Office of Special Education Programs of the United States

Department of Education (OSEP) conducted public hearings during the

week of February 3, 1997 regarding the District of Columbia Public

Schools (DCPS') implementation of Part B of the Individuals with

Disabilities Education Act (Part B of IDEA).1 Those

hearings, and input from representatives of DCPS, lead OSEP to raise

the possibility of the development of a compliance agreement to bring

DCPS into full compliance with applicable portions of the law as soon

as feasible. In a letter dated March 27, 1997, General Julius Becton,

Jr., DCPS' Chief Executive Officer, confirmed DCPS' interest in

developing a compliance agreement, believing that the execution of such

an agreement would be in the best interests of the children of the

District of Columbia.

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\1\ This agreement references the regulations in effect on the

date that this agreement took effect. On October 22, 1997, the

Department published proposed regulations to implement the

Individuals with Disabilities Education Act Amendments of 1997. When

these regulations are published in final, the agreement will be

amended to reflect any necessary changes to the regulatory

citations. These amendments will not, however, alter the effective

period of this agreement.

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Pursuant to this Compliance Agreement under 20 U.S.C. Sec. 1234f,

DCPS must be in full compliance with the requirements of Part B no

later than three years from the date of the Department's written

findings, a copy of which is attached to, and incorporated by reference

into, this Agreement. Specifically, DCPS must ensure and document that

no later than three years after the effective date of this Agreement,

the following compliance goals are achieved:

1. An initial evaluation that meets the requirements of sections

614(a)(1), (b), and (c) of Part B of IDEA is completed for all children

with disabilities, and an appropriate placement is made within the

maximum number of days established by DCPS' policy, and a reevaluation

that meets the requirements of sections 614(a)(2), (b), and (c) of Part

B of IDEA, is completed for all children with disabilities no later

than 36 months after the date on which the most recent previous

evaluation or reevaluation was completed;

2. All children with disabilities receive the related services

specified in their individualized education program as required by

section 602(8) of Part B of IDEA and 34 CFR Sec. 300.350;

3. A final decision is issued not later than 45 calendar days after

the receipt of a request for a due process hearing as required by 34

CFR 300.512, except in cases where the requester voluntarily withdraws

the request (e.g., in favor of mediation, because the issues motivating

the request were addressed, and/or a settlement has been reached);

4. Independent hearing officer determinations are implemented

within the time-frame prescribed by the hearing determination as

required by sections 615(f) and (i) of Part B of IDEA;

5. A Child-Find system is established which identifies and locates

all children with disabilities, including those transitioning from Part

H programs, who are in need of special education and related services

as required by section 612(a)(3) of Part B of IDEA;

6. All children with disabilities are placed in the least

restrictive environment appropriate to their individual needs, as

required by section 612(a)(5)(A) of Part B of IDEA and 34 CFR 300.550-

300.556;

7. State complaint procedures which meet the requirements of 34 CFR

300.660-300.662 are implemented;

8. Beginning no later than age 16, and at a younger age, if

determined appropriate, a statement of needed transition services is

included in each student's individualized education plan (IEP) as

required by 34 CFR 300.346(b) and if a purpose of the IEP meeting is

consideration of transition services, that all required participants

have been invited and participate as required by 34 CFR 300.344(c) and

that a notice containing all required content is issued as required by

34 CFR 300.345(b)(2);

9. A State Advisory Panel is established which meets the

requirements of section 612(a)(21) of Part B of IDEA;

[[Page 41375]]

10. Procedures that meet the requirements of section 615(b)(2) of

Part B of IDEA are implemented to protect the rights of the child

whenever the parents of the child are not known, the agency cannot,

after reasonable efforts, locate the parents, or the child is a ward of

the State; and

11. Sufficient numbers of personnel are available to meet the needs

of students with disabilities who are limited English proficient.

During the period that this Compliance Agreement is in effect, DCPS

is eligible to receive Part B funds if it complies with the terms and

conditions of this Agreement, including the provisions of Part B of

IDEA, as amended by the IDEA Amendments of 1997 (IDEA-97) and other

applicable Federal statutory and regulatory requirements.

Specifically, the Compliance Agreement sets forth commitments and

timetables for DCPS to meet in coming into compliance with its Part B

obligations. In addition, DCPS is required to submit documentation

concerning its compliance with these goals and timetables. Any failure

by DCPS to comply with the goals, timetables, documentation, or other

provisions of the Compliance Agreement, including the reporting

requirements, will authorize the Department to consider the agreement

no longer in effect. Under such circumstances, the Department may take

any action authorized by 20 U.S.C. Sec. 1234c, including the

withholding of Part B funds from DCPS. This Agreement will take effect

on the day the Department issues its written findings of fact, pursuant

to the requirements of 20 U.S.C. Sec. 1234f, and will expire three

years from that date.

The following pages of this compliance agreement address topic

areas of DCPS' non-compliance, and include goals, verifiable outcomes,

schedules for levels of compliance over the three year agreement, and

DCPS' ``Action Plan'' for achieving compliance. Since several of the

compliance goal areas are inter-related, some ``Action Plan'' items are

duplicated between topic areas. Please note that ``Action Plan'' items

for each goal are provided by DCPS for informational purposes only, to

demonstrate DCPS' commitment to coming into full compliance with IDEA.

DCPS and the Department agree that ``Action Plan'' items (activities,

time line/status, responsibility, milestone/verification, and special

resources) shall not be construed to bind DCPS legally or otherwise.

DCPS, however, is bound to comply with all other aspects of this

Agreement.

Topic 1.0: Initial Evaluations and Re-evaluations

Current Status: DCPS' current policy, as set forth in the Mill's

decree, is that a student who has been referred for a special education

evaluation must be evaluated and placed within 50 days of the referral.

On January 5, 1998, 2,331 students who had been referred for a special

education evaluation awaited completion of an initial assessment and

placement for longer than 50 days. Additionally, on March 31, 1998,

2,529 (data received March 31, 1998) students with disabilities will

not have been re-evaluated for more than 36 months following their

initial or most recent previous re-evaluation. Goals are:

Goal 1.0

(a) To ensure that an initial evaluation that meets the

requirements of sections 614(a)(1), (b) and (c) of Part B of IDEA is

completed for all children with disabilities and an appropriate

placement is made within 50 days after the child is referred

2; and,

---------------------------------------------------------------------------

\2\ DCPS and the Department agree that if the time line for

initial evaluation and placement is modified by the Court, the

Compliance Agreement will be amended to incorporate the revised time

line.

---------------------------------------------------------------------------

(b) To ensure that a re-evaluation that meets the requirements of

sections 614(a)(2), (b) and (c) of Part B of IDEA is completed for all

children with disabilities no later than 36 months after the date on

which the most recent previous evaluation or re-evaluation was

completed.

DCPS will gather baseline data regarding the number of students

(yy) for the re-evaluation goal, and provide that data to the

Department by March 31, 1998 (data received March 31, 1998 and included

in Table B, below).

Overall Measurable Outcomes and Verification for Goal 1.0 (a): Initial

Evaluations

(a) Every week, DCPS will prepare an internal report which includes

the name of each child referred for initial evaluation, and the number

of calendar days since the referral, the status of that referral

(complete or incomplete), and the component assessments remaining if

the evaluation is incomplete and/or placement has not been made.

(b) DCPS shall make these internal reports available to OSEP if

requested by that office.

(c) On a periodic basis, beginning with the period ending June 30,

1998, DCPS will submit to the Department--at the times and in the

manner specified in Table A--a summary of the internal reports for the

relevant reporting period. The summary will include:

The number of children referred for initial evaluation, as

of the start of the reporting period, whose initial evaluation and

placement have not been completed within the required time period;

The number of children referred for initial evaluations

during the reporting period;

The number of children for whom an initial evaluation and

placement was completed during the reporting period;

The number of referred children who did not receive an

initial evaluation and placement within the required time period at the

conclusion of the reporting period.

(d) Table A sets out, on a periodic basis, DCPS' commitment for

incremental reduction to zero of the number of children waiting for

initial evaluations and placements for longer than 50 days after

referral. For children referred prior to January 5, 1998, this number

will be reduced to zero by March 31, 1999. For children referred on or

after January 5, 1998, this number will be reduced to zero by March 31,

2000. DCPS is obligated not only to meeting these final commitments to

reduce the number of children awaiting timely initial evaluations and

placements to zero, but also to meeting all of the periodic commitments

for reducing that number set out in Table A.

(e) DCPS shall provide OSEP, by April 30, 1998, its policies and

procedures for ensuring that evaluations and reevaluations are

conducted in conformity with the evaluation procedures required in

section 614(b) and (c) of Part B of IDEA.

[[Page 41376]]

Table A.--DCPS Periodic Reports to the Department: Required Levels and Timelines for Achieving and Documenting

Progress Toward Full Compliance (Initial Evaluations and Placements)

----------------------------------------------------------------------------------------------------------------

Number of children awaiting completion of initial evaluation and placements for more than 50 days

-----------------------------------------------------------------------------------------------------------------

Referrals Date report

Date of reporting period prior to 1/5/ Referrals 1/5/98 and after submitted to

98 department

----------------------------------------------------------------------------------------------------------------

1/5 to 6/30/98.............. 1,748 85% of referrals.................................. 7/15/98

7/1 to 9/30/98.............. 932 75% of referrals.................................. 10/15/98

10/1 to 12/31/98............ 233 60% of referrals.................................. 1/15/98

1/1 to 3/31/99.............. 0 45% of referrals.................................. 4/15/99

4/1 to 6/30/99.............. 0 30% of referrals.................................. 7/15/99

7/1 to 9/30/99.............. 0 15% of referrals.................................. 10/15/99

10/1 to 12/31/99............ 0 5% of referrals................................... 1/15/00

1/1 to 3/31/00.............. 0 0................................................. 4/15/00

4/1 to 6/30/00.............. 0 0................................................. 7/15/00

7/1 to 9/30/00.............. 0 0................................................. 10/15/00

10/1 to 12/31/00............ 0 0................................................. 1/15/01

1/1 to 3/31/01.............. 0 0................................................. 4/15/01

----------------------------------------------------------------------------------------------------------------

Overall Measurable Outcomes and Verification for Goal 1.0 (b)

Reevaluations

(a) Within the first week of each month, DCPS will prepare an

internal report of the name of each child for whom an initial

evaluation, or the most recent re-evaluation, was completed. Children

for whom the initial evaluation or re-evaluation was completed more

than 36 months prior will be highlighted in the report.

(b) Appended to the above report, DCPS will note which children

from the previous month's report have been re-evaluated during that

month, as well as those cases which are still pending.

(c) DCPS shall make these internal reports available to OSEP if

requested by that office.

(d) Within fifteen (15) calendar days following the end of each

reporting period commencing with the reporting period ending June 30,

1998, DCPS will submit to the Department a summary of the monthly

reports for the period, including:

The number of children who have not received re-

evaluations within 36 months at the start of the reporting period;

The number of children who, during the reporting period,

have been identified as not receiving re-evaluations within 36 months;

The number of students for whom a re-evaluation was

completed during the reporting period;

The number of students whose re-evaluation is still

pending for more than 36 months at the end of the reporting period.

(e) Table B sets out, on a periodic basis, DCPS'' commitment for

incremental reduction to zero of the number of children who have not

received timely re-evaluations. For children whose re-evaluations was

due on or before January 5, 1998, this number will be reduced to zero

by March 31, 1999. For children whose re-evaluations will be due after

January 5, 1998, this number will be reduced to zero by March 31, 2000.

DCPS is obligated not only to meeting these final commitments to reduce

the number of children awaiting timely re-evaluations to zero, but also

to meeting all of the periodic commitments for reducing that number set

out in Table B.

Table B.--DCPS Periodic Reports to the Department: Required Levels and Timelines for Achieving and Documenting

Progress Toward Full Compliance (Re-Evaluations)

----------------------------------------------------------------------------------------------------------------

Students awaiting re-evaluation more than 36 months after initial evaluation or last re-evaluation

-----------------------------------------------------------------------------------------------------------------

Date report

Date of reporting period Re-evaluation due 1/5/98 or Re-evaluation due after 1/5/ submitted to

before 98 department

----------------------------------------------------------------------------------------------------------------

1/5 to 6/30/98...................... 1,897 (data rec'd 3/31/98).. 85% of Re-Evaluations due... 7/15/98

7/1 to 9/30/98...................... 1,012 (data rec'd 3/31/98).. 75% of Re-Evaluations due... 10/15/98

10/1 to 12/31/98.................... 253 (data rec'd 3/31/98).... 60% of Re-Evaluations due... 1/15/99

1/1 to 3/31/99...................... 0........................... 45% of Re-Evaluations due... 4/15/99

4/1 to 6/30/99...................... 0........................... 30% of Re-Evaluations due... 7/15/99

7/1 to 9/30/99...................... 0........................... 15% of Re-Evaluations due... 10/15/99

10/1 to 12/31/99.................... 0........................... 5% of Re-Evaluations due.... 1/15/00

1/1 to 3/31/00...................... 0........................... 0........................... 4/15/00

4/1 to 6/30/00...................... 0........................... 0........................... 7/15/00

7/1 to 9/30/00...................... 0........................... 0........................... 10/15/00

10/1 to 12/31/00.................... 0........................... 0........................... 1/15/01

1/1 to 3/31/01...................... 0........................... 0........................... 4/15/01

----------------------------------------------------------------------------------------------------------------

Topic 2.0: Related Services

Current Status: As of January 5, 1998, DCPS has not provided

related service in accordance with students' IEP to 1,055 (data

received March 31,1998) students.

DCPS currently lacks a special education student information

system, and consequently can not provide adequate baseline data

regarding the total number of students (zz) who do not receive all of

the related services called for within their IEPs. DCPS will capture

[[Page 41377]]

this baseline data, and provide it to the Department of Education no

later than March 31, 1998, using the following methods.

DCPS' related service (``Intervention'') staff members

will, with assistance from school principals, identify the list of all

students entitled to receive a related service, and record all of those

students' names in a format which the Special Education Division

provides (the format is included as Attachment P to this Compliance

Agreement).

Twice each month, intervention staff will record, on the

provided format, the names of those students to whom they have provided

service/therapy, the names of students who missed service/therapy due

to absences, and the names of students (if any) who could not be

scheduled to receive related service/therapy due to inadequate

schedule/time.

Each related service (``Intervention'') staff member will

total the number of such students who do not receive service/therapy

due to inadequate schedule/time, and report the result to their Special

Education Division supervisor. Each supervisor will summarize the

reports for all intervention staff, and the Deputy Director for Service

Delivery will summarize the data for DCPS as a whole.

When a new student is placed in a school's special

education program, that student shall be added to the list of students

entitled to receive related services at that school, consistent with

the services called for in the student's IEP. Similarly, when a student

transfers, graduates or withdraws, the student's name shall be deleted

from the list. Such additions and deletions shall be summarized in each

report by each Intervention staff member.

The number of students who could not be scheduled to receive

related service/therapy due to inadequate related service provider

schedule/time shall be reported initially to the Department of

Education, and shall form the source of data from which will be used

for the reports described below. An initial report of all students who

are not receiving all related services specified within their IEPs will

be made prior to March 31, 1998, and those students will make up the

initial count of students shown as ``zz'' in Table C below.

Goal 2.0

To ensure that all children with disabilities receive the related

services specified in their individual education program as required by

section 602(8) of Part B of IDEA and 34 CFR 300.350.

Overall Measurable Outcomes and Verification for Goal 2.0 (Related

Services)

(a) Within the first week of each month, DCPS will prepare an

internal report for each type of related service with the following

content:

i. Children, by name, whose IEPs call for a related service, but

who are not yet assigned to the schedule of a specific DCPS provider of

that service (a child whose IEP calls for two different related

services, but who is not receiving either service, will appear

separately on the reports for each of those related services). These

children will be listed in order of the date on which their original or

updated IEP calling for the service was signed.

ii. Children, by name, who, for whatever reason, have been removed

from the schedule of a DCPS related service provider (for example,

because of the resignation of the service provider, or because of the

transfer of the student away from the school where that provider works,

etc.), and who have not immediately been reassigned to the schedule of

another service provider.

iii. Children, by name, who within the previous month have been

assigned to the schedule of a specific DCPS service provider (and who

consequently have been removed from the above listing of unassigned

children).

iv. DCPS related service providers who are scheduled to serve

children for fewer hours per week than is provided for by DCPS policy

for that service, and who consequently may be available to serve

additional children.

(b) DCPS shall make these internal reports available to OSEP if

requested by that office.

(c) Within fifteen calendar days following the end of each

reporting period, DCPS will provide to the Department a report with the

following content:

i. The number of children who are not receiving all the related

services specified in their IEP as of the start of the reporting

period;

ii. The number of children identified during the reporting period

as not receiving all the related services specified in their IEPs;

iii. The number of children that, during the reporting period,

began receiving all the related services specified in their IEPs; and

iv. The number of children not receiving all related services

specified in their IEPs at the end of the reporting period.

(d) Table C sets out, on a periodic basis, DCPS'' commitment for

incremental reduction to zero of the number of children not receiving

all the related services specified in their IEPs. For the number of

children who were determined eligible for special education prior to

January 5, 1998, but not receiving all of the related services

specified within their IEPs, this number will be reduced to zero by

December 31, 1999. For the number of students who were determined

eligible for special education on or after January 5, 1998, but not

receiving all of the related services specified within their IEPs, this

number will be reduced to zero by March 31, 2000. DCPS is obligated not

only to meeting this final commitment to reduce the number of children

not receiving required related services to zero, but also to meeting

all of the periodic commitments for reducing the number set out in

Table C.

(e) By April 30, 1998, DCPS must establish, and submit to OSEP for

approval, a method to verify that those children who have been assigned

to the schedule of a specific DCPS service provider are in fact

receiving the required services.

Table C.--DCPS Periodic Reports to the Department Required Levels and Time Lines for Achieving and Documenting

Progress Toward Full Compliance (Related Services)

----------------------------------------------------------------------------------------------------------------

Number of children not Number of children not

receiving related services receiving related services Date report

Date of reporting period provided for in their IEP provided for in their IEP submitted to

(students eligible prior to program (students eligible department

1/5/98) on or after 1/5/98)

----------------------------------------------------------------------------------------------------------------

1/5 to 6/30/98...................... 950 (data rec'd 3/31/98).... 95% of newly eligible 7/15/98

students.

7/1 to 9/30/98...................... 791 (data rec'd 3/31/98).... 85% of newly eligible 10/15/98

students.

10/1 to 12/31/98.................... 580 (data rec'd 3/31/98).... 70% of newly eligible 1/15/99

students.

1/1 to 3/31/99...................... 369 (data rec'd 3/31/98).... 55% of newly eligible 4/15/99

students.

4/1 to 6/30/99...................... 211 (data rec'd 3/31/98).... 40% of newly eligible 7/15/99

students.

[[Page 41378]]

7/1 to 9/30/99...................... 106 (data rec'd 3/31/98).... 25% of newly eligible 10/15/99

students.

10/1 to 12/31/99.................... 0........................... 10% of newly eligible 1/15/00

students.

1/1 to 3/31/00...................... 0........................... 0........................... 4/15/00

4/1 to 6/30/00...................... 0........................... 0........................... 7/15/00

7/1 to 9/30/00...................... 0........................... 0........................... 10/15/00

10/1 to 12/31/00.................... 0........................... 0........................... 1/15/01

1/1 to 3/31/01...................... 0........................... 0........................... 4/15/01

----------------------------------------------------------------------------------------------------------------

Topic 3.0: Due Process Hearing Timeliness

Current Status: For a significant portion of due process hearing

requests received by DCPS on behalf of students with disabilities, a

final decision is not issued within 45 days after receipt of the

request. As of January 5, 1998, of the 655 hearing requests that had

been received, a final decision had not been issued within 45 days of

the request in 482 cases.

Goal 3.0

To ensure that a final decision is issued, not later than 45

calendar days after the receipt of a request for a due process hearing

as required by 34 CFR 300.512, except in cases where the requester

voluntarily withdraws the request (including, but not limited to,

instances of withdrawal in favor of mediation, because the issues

motivating the request were addressed, and/or where a settlement has

been reached) and/or where a hearing officer grants a request for an

extension by a party.

Overall Measurable Outcomes and Verifications for Goal 3.0

(a) Within the first week of each month, DCPS will prepare an

internal report with the following content:

i. Name of each child for whom a due process hearing has been

requested, and the date that the request was received in writing.

ii. Name of each child for whom a due process hearing was held and

a final decision was issued, and the date of the final decision.

iii. Name of each child for whom a request for a due process

hearing was withdrawn, the date of the withdrawal, and a brief note as

to disposition.

(b) DCPS shall make these internal reports available to OSEP if

requested by that office.

(c) Within fifteen calendar days following the end of each

reporting period, DCPS will prepare and submit a report to the

Department which includes:

i. The number of pending hearing requests, as of the start of the

reporting period, for which a final decision has not been issued within

45 days of the request;

ii. The number of pending hearing requests which, during the course

of the reporting period, are added to the list of hearing requests for

which a final decision has not been issued within 45 days of the

request;

iii. The number of final decisions issued during the reporting

period for hearing requests that have been pending for more than 45

days;

iv. The number of pending hearings requests, at the conclusion of

the reporting period, for which a final decision has not been issued

within 45 days of the request.

(d) Table D sets out, on a periodic basis, DCPS' commitment for

incremental reduction to zero of the number of due process hearing

requests which have been pending for more than 45 days, which have not

been withdrawn, and for which a final decision has not been issued.

DCPS is committed to reducing this number to zero by December 31, 1998.

DCPS is not only committed to meeting this final commitment, but also

to meeting all of the periodic commitments for reducing that number set

out in Table D.

(e) DCPS must submit to the Department, by March 31, 1998, the

mediation procedures that it has developed under Section VII.F of its

Strategic Plan to meet the requirements of section 615(e) of Part B of

IDEA.

Table D.--DCPS Periodic Reports to the Department: Required Levels and

Time Lines for Achieving and Documenting Progress Toward Full Compliance

(Due Process Hearing Timeliness)

------------------------------------------------------------------------

Number of

hearing

requests which

have been

pending for 45

days or more, Date report

Date of reporting period have not been submitted to

withdrawn, and department

for which a

final decision

has not been

issued

------------------------------------------------------------------------

1/5 to 6/30/98.......................... 361 7/15/98

7/1 to 9/30/98.......................... 217 10/15/98

10/1 to 12/31/98........................ 0 1/15/99

1/1 to 3/31/99.......................... 0 4/15/99

4/1 to 6/30/99.......................... 0 7/15/99

7/1 to 9/30/99.......................... 0 10/15/99

[[Page 41379]]

10/1 to 12/31/99........................ 0 1/15/00

1/1 to 3/31/00.......................... 0 4/15/00

4/1 to 6/30/00.......................... 0 7/15/00

7/1 to 9/30/00.......................... 0 10/15/00

10/1 to 12/31/00........................ 0 1/15/01

1/1 to 3/31/01.......................... 0 4/15/01

------------------------------------------------------------------------

Objectives for Goal 3.0: Due Process Hearing Time Line

3.1 Reduce the need for hearings by developing new programs,

improving evaluations and improving related service delivery.

3.2 Reduce demand for hearing requests by establishing a new

mediation process.

3.3 Increase accountability for hearing time lines by

computerizing records and providing ongoing information to DCPS'' Legal

and Special Education Division.

Topic 4.0: Hearing Determination Implementation

Current Status: As of January 5, 1998, 332 student hearing

determinations remained outstanding without having been fully

implemented within the time frame set out by the hearing determination.

Goal 4.0

To ensure that independent hearing officer determinations are

implemented within the time-frame prescribed by the hearing

determination, or the different time-frame agreed to in writing by the

parent or guardian and submitted to the hearing officer as required by

sections 615 (f) and (i) of Part B of IDEA.

Overall Measurable Outcomes and Verification for Goal 4.0

(a) Within the first week of each month, DCPS will prepare an

internal report:

i. Date each due process hearing decision was filed, and the case

number.

ii. Type of hearing (e.g., denial, appropriateness, etc.).

iii. Actions required and Time lines set out by the determination.

iv. Date each action was completed, or a notation that the action

remains incompleted. Actions which remain uncompleted beyond the date

required within the order will be highlighted within the report.

v. Date the hearing order was fully implemented (i.e., all actions

completed). Note that all hearing cases will continue to be reported

until it has been reported that the hearing order was fully

implemented.

vi. The number of cases in which a different time-frame is agreed

to in writing by the parent or guardian and submitted to the hearing

officer and DCPS'' basis for requesting a different time-frame.

(b) DCPS shall make these internal reports available to OSEP if

requested by that office.

(c) Within fifteen calendar days following the end of each

reporting period, DCPS will prepare and submit a report to the

Department that includes:

i. The number of hearing officer determinations, as of the start of

the reporting period, that have not been fully implemented;

ii. The number of hearing officer determinations which, during the

course of the reporting period, are identified as not having been fully

implemented;

iii. The number of hearing officer determinations which, during the

course of the reporting period, have been fully implemented;

iv. The number of hearing officer determinations which, as of the

conclusion of the reporting period, have not been fully implemented.

(d) Table E sets out, on a periodic basis, DCPS'' commitment for

incremental reduction to zero of the number of hearing officer

determinations that have not been fully implemented consistent with the

hearing decision. DCPS is committed to reducing this number to zero by

December 31, 1998. DCPS is obligated not only to meeting this final

commitment, but also to meeting all of the periodic commitments for

reducing the numbers set out in Table E.

Table E.--DCPS Periodic Reports to the Department: Required Levels and

Time Lines for Achieving and Documenting Progress Toward Full Compliance

(Hearing Determination Implementation)

------------------------------------------------------------------------

Number of

hearing Date report

officer period

Date of reporting determinations submitted to

not fully department

implemented

------------------------------------------------------------------------

1/5 to 6/30/98.......................... 266 7/15/98

7/1 to 9/30/98.......................... 199 10/15/98

10/1 to 12/31/98........................ 0 1/15/99

1/1 to 3/31/99.......................... 0 4/15/99

4/1 to 6/30/99.......................... 0 7/15/99

[[Page 41380]]

7/1 to 9/30/99.......................... 0 10/15/99

10/1 to 12/31/99........................ 0 1/15/00

1/1 to 3/31/00.......................... 0 4/15/00

4/1 to 6/30/00.......................... 0 7/15/00

7/1 to 9/30/00.......................... 0 10/15/00

10/1 to 12/31/00........................ 0 1/15/01

1/1 to 3/31/01.......................... 0 4/15/01

------------------------------------------------------------------------

Objectives for Goal 4.0: Hearing Order Determination Implementation

4.1 Reduce the need for hearings (and thus the need for

implementing hearing determinations) by developing new programs and

initiatives and by implementing a mediation process.

4.2 Improve implementation of assessment-related hearing order

determinations (HODs) by prioritizing evaluations, reorganizing staff

and supervision, and establishing a central assessment scheduling/

tracking method.

4.3 Increase accountability for implementing order determinations

by computerizing tracking and by summarizing status in a monthly

report.

Topic 5.0: Child Find

Current Status: DCPS is not complying with its obligation to

identify and locate all children with disabilities residing in the

District of Columbia, including children with disabilities attending

private schools, regardless of severity of their disabilities, who are

in need of special education and related services.

Goal 5.0

To establish a Child-Find system which successfully identifies and

locates all children with disabilities, including those transitioning

from Part H programs, who are in need of special education and related

services as required by section 612(a)(3) of Part B of IDEA.

Overall Measurable Outcomes and Verification for Goal 5.0: Child Find

(a) Within fifteen calendar days following the end of each

reporting period as set out in Table A above, DCPS will provide to the

Department a report that includes:

i. A listing of the inquires received through DCPS' Child Find

hotline, and a summary of the other contacts made by Child Find staff,

including the Child Find Liaison, and the screening aides; and

ii. Data on the number of preschool students identified and served.

(b) DCPS shall submit a report to OSEP every six months, from the

effective date of this Compliance Agreement, on the activities it has

carried out during the reporting period to implement the objectives of

Goal 5.0. The report must include:

(i) For the city wide screening event, identified in section III.C

of the Strategic Plan, the number and location of screening sites, the

kinds of screening tools that were used, and the number and ages of

children screened; and

(ii) For the training provided under section VII.G of the Strategic

Plan, the dates and locations of the training sessions, the number of

participants, and curriculum for the training.

Please see Attachment Q for the District of Columbia's Policy and

Procedure for transition form Part H to Part B programs, and form for

recording child-find inquires.

Objective for Goal 5.0: Child Find

5.1 Build DCPS' network and capability for identifying children

who may need special education services by:

a. Implementing the initiatives outlined in DCPS' State Plan for

IDEA; and

b. Assigning a Child Find Liaison, Early Childhood Coordinator,

Transition Facilitator and screening aides.

5.2 Increase school staff understanding of responsibilities and

understanding of available resources for child find/outreach, screening

and assessment procedures by developing and disseminating a concise

flowchart and description.

5.3 Increase sensitivity and familiarity of instructional support

staff regarding students with disabilities and their instructional

needs through training.

5.4 Continue to expand early childhood program to serve additional

preschool children.

5.5 Increase awareness of parents of all children over the age of

2.0 years who are enrolled in DHS Early Intervention Programs about

their options and rights to receive services from DCPS under IDEA Part

B.

5.6 Develop policies and procedures to ensure a smooth transition

for those individuals participating in the early intervention program

under Part H of the IDEA who will participate in preschool programs,

including a method for ensuring that when a child turns three, an IEP

or IFSP has been developed and implemented by the child's third

birthday as required by section 612(a)(9) of Part B of IDEA.

Topic 6.0: Restrictiveness of Placements

Current Status: Currently, DCPS is not complying with its

obligation to provide children with disabilities with the least

restrictive placement appropriate to their individual needs.

Specifically, Board of Education rules have been interpreted to require

that the restrictiveness of a students' placement is determined by the

number of hours of special education services required by the student.

For example, a student who needs 32 hours of service each week is

typically served only in a separate school.

Goal 6.0

To ensure that children with disabilities are placed in the least

restrictive environment appropriate to their individual needs as

required by section 612(a)(5)(A) of Part B of IDEA and 34 CFR 300.550-

300.556 and that the restrictiveness of a student's placement (such as

a self-contained class or a separate school placement) is not

determined solely by the number of hours of service each week which is

called for in the student's individualized education program.

[[Page 41381]]

Overall Measurable Outcomes and Verification for Goal 6.0:

Restrictiveness of Placements

(a) DCPS will provide the Department with a draft copy of its

revised Board of Education Rules by no later than April 1, 1998 and its

final rule by no later than June 30, 1998.

(b) DCPS will, on October 1 of each year of this agreement,

identify for the Department schools which have been identified as

inclusion initiative schools, and those which serve as local school

``satellites'' for program and services which had previously been

offered in more restrictive, ``city-wide'' settings.

(c) DCPS will, on June 1 of each year of this agreement, provide

the Department with a list of placements that are available and that

represent each type of placement on the continuum as required by 34 CFR

300.551. DCPS must identify sufficient existing accessible locations to

provide a continuum of appropriate placements for all children with

disabilities. If DCPS is unable to identify sufficient existing

accessible locations to provide a continuum, it must develop and submit

a plan, on June 1, of each year of the agreement, to ensure accessible

locations by September 1 for each type of placement on the continuum.

(d) DCPS will submit data on the number of students in each type of

placement on the continuum on November 20, 1998, November 20, 1999, and

November 20, 2000.

(e) DCPS will submit a report to OSEP every six months, from the

effective date of this Compliance Agreement, on the activities it has

carried out during the reporting period to implement Goal 6.0.

Objectives for 6.0: Restrictiveness of Placements

6.1 Review and revise, if necessary, DCPS' continuum of services

in accordance with applicable regulations

6.2 Increase schools' abilities to serve students in less

restrictive setting by:

a. Implementing DCPS' inclusion initiative;

b. Developing and expanding ``regional schools'' abilities to serve

high school age students with learning disabilities and elementary age

students with emotional disturbance; and

c. Developing and expanding other programs to serve under-served

students.

6.3 Increase school system personnel sensitivity to children with

disabilities by providing broad training/exposure for all school system

staff.

6.4 At IEP meetings, DCPS will review the appropriateness of each

student's placement and staff will be trained on the proper methods for

determination of the least restrictive environment consistent with OSEP

memorandum 95-9.

Topic 7.0: State Complaint Procedures

Current Status: DCPS is not implementing its written procedures for

receiving and resolving any complaint that DCPS or a public agency is

violating Part B or its regulations within 60 days.

Goal 7.0

To implement state complaint procedures for receiving and resolving

any complaint that DCPS or a public agency is violating Part B or its

regulations as required by 34 CFR 300.660-300.662.

Overall Measurable Outcomes and Verification for Goal 7.0: State

Complaint Procedures

(a) DCPS must submit verification of implementation of its state

complaint procedures by March 31, 1998.

(b) DCPS must develop a plan to ensure that all parents and other

interested individuals are informed regarding complaint management

procedures. The plan must include how frequently parents and other

individuals will be informed and the materials to be used. DCPS must

submit the material to be used to inform parents and other interested

individuals about its complaint management procedures by March 31,

1998.

(c) DCPS must submit quarterly reports to OSEP that include a copy

of its complaint log verifying that complaints are resolved within 60

days except where there has been an extension due to an exceptional

circumstance related to that complaint. For each complaint for which

DCPS has determined that an exceptional circumstance exists, DCPS must

submit to OSEP an explanation of the exceptional circumstance. Where

DCPS finds that the allegations contained in a complaint are true, and

that noncompliance with regard to an IDEA requirement exists, it must

ensure that appropriate corrective action is taken in a timely manner.

These quarterly reports are due on June 30, 1998, September 30, 1998,

December 31, 1998 and March 31, 1999.

(d) On a quarterly basis, DCPS must submit to OSEP a sample of

complaint files for review. OSEP will select the files to be reviewed

based on the log of complaints submitted above. These files must be

submitted on July 15, 1998, October 15, 1998, January 15, 1999 and

April 15, 1999. DCPS is responsible for ensuring that each file

contains a written decision to the complainant that addresses each

allegation in the complaint. DCPS must also maintain and make available

for OSEP review documentation demonstrating that required corrective

actions have been implemented in a timely manner.

Topic 8.0: Transition

Current Status: DCPS is not complying with its obligation to ensure

that no later than age 16, and at a younger age, if determined

appropriate, a statement of needed transition services is included in

each student's IEP and if the purpose of the IEP meeting is

consideration of transition services that all required participants

have been invited and participate and that a notice containing all

required content is issued.

Goal: 8.0

Beginning no later than age 16, and at a younger age, if determined

appropriate, a statement of needed transition services is included in

each student's IEP as required by 34 CFR 300.346(b) and if the purpose

of the IEP meeting is consideration of transition services, that all

required participants have been invited and participate as required by

34 CFR 300.344(c) and that a notice containing all required content is

issued as required by 34 CFR 300.345(b)(2).3

---------------------------------------------------------------------------

\3\ Implementation of the procedure to include a statement of

transition service needs beginning at age 14 is required for IEPs

beginning July 1, 1998.

---------------------------------------------------------------------------

Overall Measurable Outcomes and Verification for Goal 8.0: Transition

(a) DCPS must develop effective procedures to ensure that (1)

beginning at age 14, and younger if appropriate, a statement of

transition service needs or beginning at age 16 (or younger, if

determined appropriate by the IEP team) a statement of needed

transition services is included in each student's IEP as required by

section 614(d)(1)(A)(vii) of Part B of IDEA; (2) the student will be

invited to the IEP meeting, and if the student does not attend, the

student's preferences and interests will be considered; (3) an

individual determination will be made as to participating agency(ies)

likely to be responsible for providing or paying for transition

services and a representative of each participating agency(ies) will be

invited to the IEP meeting. If the agency representative does not

attend, other steps will be taken to ensure the participation of the

agency in the planning of any transition services; and (4) the notice

utilized by public agencies

[[Page 41382]]

to inform parents and other individuals (e.g., students and

participating agencies) contains all required content.

(b) DCPS must submit quarterly reports to OSEP describing the

progress it has made in ensuring compliance with the Part B transition

requirements. These quarterly reports must be submitted on June 30,

1998, September 30, 1998, December 31, 1998, and March 31, 1999.

(c) On a quarterly basis, DCPS must submit a sample of IEPs and

accompanying notices for students age 16 and older. OSEP will select

the IEPs to be reviewed. These IEPs must be submitted on July 15, 1998,

October 15,1998, January 15, 1999, and April 15, 1999.

Topic 9.0: State Advisory Panel

Current Status: DCPS has not established a State advisory panel

which meets the requirements of section 612(a)(21) of Part B of IDEA.

Goal 9.0

Establish a State advisory panel which meets the requirements of

section 612(a)(21) of Part B of IDEA.

Overall Measurable Outcomes and Verification for Goal 9.0: State

Advisory Panel

(a) DCPS must establish a State Advisory Panel which meets the

requirements of section 612(a)(21) of Part B of IDEA. DCPS must submit

by May 1, 1998 documentation that a properly constituted Advisory Panel

has been established and is meeting to carry out the duties described

in 612(a)(21)(D). Please see Attachment T for a description of the

membership and appointing authority for the State Advisory Panel.

Topic 10.0: Surrogate Parent Procedures

Current Status: DCPS is not implementing its procedures to protect

the rights of the child whenever the parents of the child are not

known, the agency cannot, after reasonable efforts, locate the parents,

or the child is a ward of the State.

Goal 10.0

To implement procedures that meet the requirements of section

615(b)(2) of Part B of IDEA to protect the rights of the child whenever

the parents of the child are not known, the agency cannot, after

reasonable efforts, locate the parents, or the child is a ward of the

State.

Overall Measurable Outcomes and Verification for Goal 10.0: Surrogate

Parent Procedures

(a) DCPS must implement its procedures to protect the rights of the

child whenever the parents of the child are not known, the agency

cannot, after reasonable efforts, locate the parents, or the child is a

ward of the State, including the assignment of a individual (who is not

an employee of the State education agency, or any other agency that is

involved in the education or care of the child) to act as a surrogate

for the parents. DCPS must submit verification of implementation of its

surrogate parent procedures by May 1, 1998.

DCPS has engaged a contractor to recruit, train, and support

surrogate parents. Please see Attachment U for DCPS' work plan for

recruiting and training surrogate parents. As required, DCPS will have

final procedures for assignment of surrogate parents, and will submit

verification of their implementation by May 1, 1998.

Topic 11.0: Provision of Special Education to Limited English

Proficient Students

Current Status: DCPS does not have sufficient numbers of personnel

available to meet the needs of students with disabilities who are

limited English proficient.

Goal 11.0

DCPS must ensure that sufficient numbers of personnel are available

to meet the needs of limited English proficient students.

Overall Measurable Outcomes and Verification for Goal 11.0: Provision

of Special Education to Limited English Proficient Students

(a) DCPS must ensure that sufficient numbers of personnel are

available to meet the needs of students with disabilities who are

limited English proficient (LEP). Such personnel must include special

education teachers, psychologists, related service providers, and other

staff needed to provide special education and related services and to

conduct evaluations and reevaluations for these students. By April 30,

1998, DCPS must submit a status report of its efforts to ensure

sufficient numbers of staff to meet the needs of LEP students. To the

extent that the report shows that DCPS does not have sufficient numbers

of personnel, a plan to meet this goal must accompany the report. In

the event that such a plan is necessary, the plan must be fully

implemented no later than September 30, 1998.

Other Conditions

In addition to all of the terms and conditions set forth above,

DCPS agrees that its continued eligibility to receive Part B funds is

predicated upon compliance with statutory and regulatory requirements

of that program, that have not been addressed by this Agreement,

including the IDEA Amendments of 1997. If DCPS fails to comply with any

of the terms and conditions of the Compliance Agreement, the Department

may consider the Agreement no longer in effect and may take any action

authorized by law, including the withholding of funds or the issuance

of a cease and desist order. 20 U.S.C. Sec. 1234f(d).

For the District of Columbia Public Schools:

Dated: March 16, 1998.

General Julius W. Becton, Jr.,

Chief Executive Officer.

For the United States Department of Education:

Dated: March 10, 1998.

Honorable Richard W. Riley,

Secretary of Education.

Date this Compliance Agreement becomes effective (Date of

Secretary Riley's Written Decision and Findings): March 10, 1998.

Expiration Date of this Agreement: March 10, 2001.

[FR Doc. 98-20655 Filed 7-31-98; 8:45 am]

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