Section 5-A1107. CORRECTIVE ACTION AND PENALTIES

 

1107.1 If a public school fails to comply with this chapter or the Act, OSSE may issue an order (referred to hereinafter as a “corrective action order”) requiring the public school to take such action as is necessary to ensure compliance with this chapter or the Act or, after providing the public school with written notice of intent and a reasonable opportunity to respond, may issue an order revoking or limit the eligibility of the public school to compete for funding distributed by OSSE for the following school year pursuant to the Healthy Schools Act (“HSA”). In the absence of extenuating circumstances, a reasonable opportunity to respond shall be no less than thirty (30) calendar days.

 

1107.2 OSSE shall provide to each public school written notice of the decision to prohibit eligibility to receive HSA funding distributed by OSSE for the following school year,  and, if applicable, required remedial action.  The notice shall state with specificity the reasons, the specific remedial action required of the public school, the effective date of the enforcement action, and an opportunity to respond within thirty (30) calendar days from the date of the notice.

 

1107.3 The public school’s written response shall include the following:

 

(a) Each basis for the school’s contesting the decision and, for each such basis, a complete statement of facts and associated legal support;

 

(b) The specific relief requested; and

 

(c) Two (2) copies of all documentary evidence supporting the recipient’s positions.

 

1107.4 An OSSE employee designated by the State Superintendent of Education shall review the public school’s request. The OSSE employee shall not have participated in the monitoring or inspection of the public school for compliance with the Act or this chapter, or the decision to revoke or prohibit eligibility to receive funding distributed by OSSE pursuant to the HSA.  The decision of the OSSE employee shall be final.

 

 

authority

Sections 3(b), (15) and (24) 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)(15) and (24) (2012 Repl. & 2016 Supp.)) and the Student Access to Treatment Act of 2007, effective February 2, 2008 (D.C. Law 17-107; D.C. Official Code §§ 38-651.01 et seq.) (2012 Repl. & 2016 Supp.)).

source

Final Rulemaking published at 64 DCR 2247 (February 24, 2017).