DC SPECIAL EDUCATION CO-OPERATIVE
PROMOTING STUDENT ACHIEVEMENT THROUGH INNOVATION AND COLLABORATION
SPECIAL EDUCATION POLICY BRIEF
Policy: IDEA Grant Hearing Policy
Issuing Agency: OSSE
Status: In Effect – January 2014
Policy Summary:
¨ The Federal Education Department’s General Administrative Regulations (EDGAR) mandates that the SEA (OSSE) develop and implement a hearing review process to address assertions made by an applicant or subgrantee (an LEA) that OSSE took one of the following actions in violation of federal statute or regulation during the administration of a grant:
a. Disapproved a subgrant application, in whole or in part;
b. Failed to provide funds in amounts in accordance with the requirements of District of
Columbia and IDEA statutes and regulations;
c. Temporarily withheld payment of grant funds under an approved subgrant award;
d. Disallowed all or part of the cost of an activity under an approved subgrant award;
e. Withheld further program awards;
f. Terminated or suspended, in whole or in part, the subgrant award;
g. Ordered, in accordance with a final State audit resolution determination, the repayment of misspent or misapplied Federal funds.
¨ If LEAs believe there to be a violation, they can request a hearing within thirty (30) calendar days of the date on which OSSE took the action being contested, either to disapprove a grant application, temporarily withhold payments, disallow a cost, withhold further program awards, terminate/suspend an award, or order the repayment of misspent or misapplied funds in accordance with a final audit.
¨ The DC Office of Administrative Hearings (OAH) will adjudicate all matters for which a formal hearing is required. All hearing requests should be filed with OAH at http://oah.dc.gov and will be held within thirty (30) calendar days after receipt of the hearing request. A written ruling will be issued no later than ten (10) calendar days after the hearing. The decision issued by OAH shall be deemed the final agency decision.
¨ LEAs can appeal the final decision. Appeals may be filed with the Secretary of the U.S. Department of
Education (see policy p.3 for process)
Impact on LEAs:
¨ LEAs now have recourse when they believe OSSE has violated its grant administration responsibility.
Action Items for LEAs:
¨ If an LEA believes there to be a violation file a complaint with the District of Columbia Office of Administrative Hearings (OAH) at http://oah.dc.gov.
DC Special Education Co-operative | 641 S Street, NW |
Washington, DC 20001 | | @Specialedcoop | www.specialedcoop.org