Section 5-A7005. TERMINATION OR REMEDIAL PROCEDURES

 

7005.1If a grantee fails to comply with the terms of the grant award or applicable federal or District of Columbia laws or regulations, OSSE may, after giving reasonable written notice to the grantee, terminate the grant in whole or in part and/or, in its discretion, require the grantee to take remedial action to ensure compliance.  In the absence of extenuating circumstances, reasonable notice shall be no less than thirty (30) calendar days.

 

7005.2OSSE shall provide to grantee written notice of termination and, if applicable, required remedial action.  The notice shall state with specificity the reasons for the termination or required remedial action, the specific remedial action required of the grantee, and the effective date of the termination or implementation of the remedial action.

 

7005.3 OSSE may in its discretion make the termination effective in less than thirty (30) days, if a delayed effective date would be unreasonable under the circumstances, taking into consideration the responsibility to protect the District government’s interest.

 

7005.4A grant that has been terminated may be reinstated if the grantee has taken all required corrective action satisfactory to OSSE by the effective date provided in the written notice of termination, or given satisfactory evidence that all required corrective action will be taken.

 

7005.5A grantee may request review of a decision by OSSE to terminate the grant or to require remedial action. A request for review must be submitted in writing to OSSE at any time before the effective date of the termination or required remedial action, or within thirty (30) calendar days of the date the grantee received notice of termination, whichever is longer.  The written request for review shall include the following:

 

(a)A concise statement of facts regarding each specified reason for the termination or required remedial action;

 

(b)The specific basis for contesting each reason;

 

(c)The specific relief requested; and

 

(d)Two (2) copies of all documentary evidence supporting the grantee’s positions.

 

7005.6Review of the grantee’s request shall be performed by an OSSE employee selected by the State Superintendent of Education and such person shall not have participated in the award of the grant or the decision to terminate the grant.  The decision of the reviewer shall be final.

 

 

authority

Section 3(b) of the District of Columbia State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(11) (2012 Repl. & 2014 Supp.)); and the Fair Student Funding and School-Based Budgeting Amendment Act of 2013, effective February 22, 2014 (D.C. Law 20-87; D.C. Official Code §§ 38-2611 and 38-2612 (2014 Supp.)).

source

Final rulemaking published at 61 DCR 12775 (December 19, 2014).