D.C. Mun. Regs. tit. 5-A, § 3048
State Complaints
Effective Jul 1, 2022Published May 27, 202269 DCR 005902Authority: Sections 3(b)(8), 3(b)(9), 3(b)(10), 3(b)(11), and 3(b)(15) of the State Education Office Establishment Act of 2000, effective October 21, 2000, (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(8), (b)(9), (b)(10), (b)(11) and (b)(15) (2018 Repl.)); Sections 102(b) and 202(b) of the Enhanced Special Education Services Amendment Act of 2014, effective March 10, 2015 (D.C. Law 20-195; D.C. Official Code §§ 38-2614(a)(1) & (b) and 38-2561.02(a)(2018 Repl.)); Section 115 of the Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code § 38-2561.15) (2018 Repl.)); Mayor’s Order 2007-149, dated June 28, 2007; Part B and Part C of the Individuals with Disabilities Education Act, approved December 3, 2004 (Pub. L. 108-446; 118 Stat. 2647; 20 U.S.C. § 1400 et seq.) (“IDEA”) and regulations promulgated thereunder at 34 C.F.R. Parts 300 and 303; and Title I, Subpart A and Title III, Subpart A of the Elementary and Secondary Education Act of 1965, approved April 11, 1965 (Pub. L. 89-10, 79 Stat. 27), as amended by the Every Student Succeeds Act, approved December 10, 2015 (Pub. L. 114-95, 129 Stat. 1802; 20 U.S.C. §§ 6311-6339 and §§ 6811-6861) and Section 204(f) of the Equal Educational Opportunities Act of 1974, approved August 21, 1974 (Pub. L. 93-380; 88 Stat. 514; 20 U.S.C. § 1703(f)). Source: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).District of Columbia, Office of the Secretary
3048.1 The SEA, through the State Complaint Office (SCO), shall maintain written procedures for the investigation and resolution of any complaint alleging that a public agency has violated a requirement of IDEA or the District's laws and regulations regarding special education and shall, absent exceptional circumstances with respect to a particular complaint, issue a final written decision within sixty (60) days.
3048.2 Any individual or organization may submit to the SCO a signed, written complaint that alleges that any District of Columbia public agency has violated a requirement of Part B of IDEA or the District's laws and regulations regarding special education. The complaint must allege a violation that occurred not more than one (1) year prior to the date the complaint is received by the SCO.
3048.3 The SCO shall investigate and resolve complaints that allege the following:
- (a) A violation of Part B of IDEA or the District of Columbia's laws and regulations regarding special education;
- (b) A public agency has failed to implement a special education due process hearing officer decision resolving a due process hearing request; or
- (c) A failure to implement a settlement agreement (SA) resolving a due process hearing request, however no such review shall delay or deny a party the right to seek enforcement of the settlement agreement in a court of competent jurisdiction.
3048.4 If the SCO receives a written complaint that is also the subject of a due process hearing under Section 3053, or contains multiple issues of which one (1) or more are part of that hearing, the SCO shall set aside any part of the complaint that is being addressed in the due process hearing until the conclusion of the hearing, except that:
- (a) Any issue in the complaint that is not a part of the due process action shall be resolved using the time limit and procedures described in the SEA's written state complaint procedures; and
- (b) If an issue raised in a complaint filed under this section has previously been decided in a due process hearing involving the same parties:
- (1) The due process hearing decision is binding on that issue; and
- (2) The SEA shall inform the complainant to that effect.
3048.5 The complainant and public agency may agree to extend the sixty (60) day investigation timeline to engage in mediation.
3048.6 The letter of decision issued by the SCO after completing an investigation is final and unappealable to the SEA. However, if an issue is still in dispute, the parent or public agency may, to the extent permitted under IDEA, request mediation under Section 3047 or file a due process complaint under Section 3053.
SOURCE: Final Rulemaking published at 69 DCR 005902 (May 27, 2022).