Section 5-E5208. COMPLIANCE, REVIEW, AND FINAL RESOLUTION

 

5208.1If upon review of the home instruction portfolio, the OSSE determines that a student is not receiving thorough, regular education consistent with the requirements set forth in this chapter, the OSSE shall provide a written Notification of Deficiencies to the parent or legal guardian, within 30 days of the review, not including Saturdays, Sundays, or District holidays.

 

5208.2A parent or legal guardian must respond in writing to the written Notification of Deficiencies no later than 30 days, not including Saturdays, Sundays, or District holidays, after the date of the written Notification of Deficiencies; and provide the OSSE with a Corrective Action Plan with evidence that each deficiency has been or is being corrected. The parent or legal guardian may request a meeting with the OSSE before the Corrective Action Plan is due, to present evidence of compliance or otherwise discuss the deficiencies identified by the OSSE.

 

5208.3The OSSE shall notify the parent or legal guardian in writing of the acceptance of the Corrective Action Plan with evidence that a deficiency has been corrected, or the need for further modification consistent with this chapter:

 

aThe OSSE shall respond within 15 days of the date of the Plan, not including Saturdays, Sundays, or District holidays;

 

bThe parent or legal guardian may request and the OSSE shall grant a meeting to discuss the OSSE response to the Plan; and

 

cThe parent or legal guardian shall implement the Plan as approved by the OSSE.

 

5208.4In the event the Corrective Action Plan fails to correct deficiencies, and the home schooling program therefore does not conform to the requirements of this chapter, the OSSE shall issue a Letter of Non-Compliance, which shall state the basis for its determination of non-compliance. Each Letter shall include a statement about the parent’s or legal guardian’s ability to seek review of the Letter with an appeal in writing to the State Superintendent of Education and the right to judicial review of a final decision by the State Superintendent of Education.

 

5208.5An appeal to the State Superintendent of Education involving the Letter of Non-Compliance must be filed with the OSSE within 15 calendar days of the date of the Letter.

 

5208.6A final decision issued by the State Superintendent of Education shall include a statement that the final decision may be appealed by the parent or legal guardian, to the Superior Court of the District of Columbia pursuant to D.C. Official. Code §11-921 (a) (6).

 

5208.7Within 45 days of the date of a final decision issued by the State Superintendent of Education, requiring the parent or legal guardian to enroll the child or children in a public or non public school, the parent or legal guardian shall enroll the child or children in a public or non public school, unless the action is stayed by court order.

 

source

Final Rulemaking published at 55 DCR 007990 (July 25, 2008).