Council Special Education Program Investigation Special Committee Establishment Emergency Resolution of 1999
PR 13-113

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A RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Passed April 13. 1999

To establish, on an emergency basis, a special committee to investigate systematic flaws in the delivery of special education services, spending patterns, allegations of mismanagement, structural inadequacies, and the failure to timely assess and place students in the District of Columbia Special Education Program.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Council Special Education Program Investigation Special Committee Establishment Emergency Resolution of 1999".

Sec. 2. Findings.

(a) The District of Columbia Public Schools ("DCPS") Special Education Program has an enrollment of approximately 8,000 students, which is approximately 10% of the DCPS enrollment.

(b) The DCPS Special Education Program has a budget of approximately $167 million, approximately 30% of the DCPS budget.

(c) The Committee on Education, Libraries and Recreation conducted hearings in 1997, 1998 and in February 1999. At these hearings, witnesses offered testimony alleging serious disrepair in the special education system. An investigation and report should be used to help prevent any further damage to the Special Education Program, the students it serves and the budget of DCPS.

(d) Currently, there are approximately 2,000 students awaiting completion of the Special Education Program's initial assessment and placement process. According to public hearing testimony, many students do not receive their triennial assessments.

(e) Currently, there are over 900 students awaiting special education hearings.

(f) The average per pupil cost for a DCPS special education student is $21,097.

(g) The average per pupil transportation cost for a DCPS special education student is $9,379.

(h) The ultimate purpose of the Council Special Education Program Investigation Special Committee is to investigate systematic flaws in the delivery of special education services, spending patterns, and any pervasive mismanagement of funds and programs, structural inadequacies and wrongdoing, real or perceived, the failure to timely assess and place students, and to restore the Special Education Program to a level of proper effectiveness.

Sec. 3. Establishment of the Council Special Education Program Investigation Special Committee.

(a) There is established a Council Special Education Program Investigation Special Committee ("Special Committee").

(b) The budget for the Special Committee shall not exceed $250,000.00. In FY99 the budget for the special committee shall not exceed $ 100,000 from the Council's budget.

Sec. 4. Council Special Committee membership.

(a) The Special Committee shall consist of all members of the Council of the District of Columbia.

(b) The Special Committee shall be co-chaired by Councilmember Kevin P. Chavous, Chairperson of the Committee on Education, Libraries and Recreation and Councilmember Vincent Orange.

Sec. 5. Rules of procedure.

The Rules of the Council Committee on Education, Libraries and Recreation shall govern the Special Committee. The Special Committee is authorized, pursuant to Rule 226 of the Council Rules, to adopt additional rules which are not inconsistent with Council rules or other applicable laws.

Sec. 6. Duties; reporting requirements.

(a) The Special Committee shall:

(1) Conduct a comprehensive audit and public hearing on special education federal and operating funds for the 1996-97, 1997-98 and 1998-99 school years;

(2) Examine the salaries of teachers, classroom aides, administrators, school bus drivers, therapists, residential placements, private placements, legal fees, assessments and other areas of the Special Education Program;

(3) Determine if Medicaid and other federal funds that support the Special Education Program are applied for and received;

(4) Determine, for every dollar spent, the expectations and outcomes for student success;

(5) Assess the effect of lowering the mandatory age for public school attendance to 3 years of age for the entire pre-school population, as a way to reach special needs children earlier;

(6) Determine what DCPS must do to comply with court rulings and the U.S. Department of Education's requirements;

(7) Determine whether DCPS can provide appropriate and effective special education services at a lower cost;

(8) Investigate the operations of the DCPS special education programs, specifically, during the 1996-97, 1997-98 and 1998-99 school years to identify fraud, abuse, obstacles and any practices that impede DCPS special needs students from receiving appropriate, mandated services at a reasonable cost and within the time frame mandated by statute and court order;

(9) Determine the steps necessary to increase the transparency of the operations of the DCPS special education programs to enable the Council to exercise oversight over the delivery of educational services to District special needs students;

(10) Evaluate the ability of DCPS to track, monitor and be accountable for, and control the costs of its special education services;

(11) Consider any proposals that might be made to affirmatively affect the management of the Special Education division within DCPS, and to act on these proposals, if appropriate, at any time prior to conclusion of the Special Committee's other work; and

(12) Examine any other areas of the special education program that may be necessary to accomplish its duties.

(b) The Special Committee shall present a report to the full Council within 90 days of the conclusion of its investigation which shall include the following:

(1) All spending by the Special Education Program for the 1996-97, 1997-98 and 1998-99 school years;

(2) Areas of concerns and how these concerns can be resolved in less than 5 years;

(3) A recommendation of cost effective, appropriate alternatives for providing special education services to DCPS students which would enable DCPS to better manage, plan and budget to deliver quality services at a reasonable cost;

(4) Recommendations for any changes in statute, regulation, or DCPS procedure proven advisable through the course of the investigation; and

(5) Any allegations of criminal wrongdoing referred for action to the appropriate authorities.

(c) Notwithstanding Council Rule 308, the Special Committee may file its report during a period of Council recess.

Sec. 7. Hearings.

(a) The Special Committee may hold public hearings on matters including:

(1) Legislative and other proposals regarding the DCPS Special Education Program; and

(2) Oversight of the DCPS Special Education Program.

(b) The Special Committee may hold hearings for the purpose of receiving testimony, comments, documents, computer records (hard copy or diskette), emails, recordings, notes, photographs, facsimile transmissions, or other information or materials from witnesses called before the Special Committee and from members of the public.

(c) All testimony given by witnesses before the Special Committee shall be made under oath. The Chairpersons of the Special Committee are authorized to issue an oath or affirmation to each witness. The Special Committee may authorize a member, committee staff, or counsel advising the Special Committee to take testimony of witnesses by oral, written, or videotaped depositions.

(d) The Special Committee shall coordinate its efforts with any other investigation of the DCPS Special Education Program conducted by officers or employees of the federal or District government.

Sec. 8. Staff.

The Special Committee may hire staff and may appoint legal counsel, within the constraints of its budget, to advise the Chairpersons of the Special Committee. The Special Committee shall utilize the services of the D.C. Inspector General to help reduce the overall cost of the investigation.

Sec. 9. Subpoena authorization.

The Council authorizes the Special Committee to use subpoenas to compel the attendance of witnesses, to obtain testimony, or to produce documents, other information or tangible items. The Special Committee shall not be required to submit a report to the Secretary prior to issuing a subpoena.

Sec. 10. Filing of records.

The special committee shall submit its official records to the Secretary within 30 days of the filing of the report to the Council.

Sec. 11. Fiscal impact statement.

The fiscal impact is consistent with the amount proposed for its budget. Additionally, the Special Committee expects to avail itself of existing funds within the Council's FY 1999 and 2000 budget with assistance from the D.C. Inspector General's office, DCPS, the Financial Responsibility and Management Assistance Authority, and other funding sources.

Sec. 11. Effective date; sunset provisions.

(a) This resolution shall take effect immediately.

(b) This resolution shall expire on April 13, 2000.