D.C. Mun. Regs. tit. 5, r. 5-A3507

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-A3507 - FAILURE TO MAINTAIN HIGH QUALITY PRE-K PROGRAM
3507.1

If a high quality pre-K program that receives pre-K enhancement and expansion funding fails to comply with the terms of the distribution or applicable federal or District of Columbia laws or regulations, OSSE may, after giving reasonable written notice to the recipient, terminate the funding in whole or in part and/or, in its discretion, place the high quality pre-K program that received pre-K enhancement and expansion funding on probation to ensure compliance. In the absence of extenuating circumstances, reasonable notice shall be no less than thirty (30) calendar days

3507.2

OSSE shall provide to the high quality pre-K program that received pre-K enhancement and expansion funding written notice of termination or probation, and, if applicable, required remedial action. The notice shall state with specificity the reasons for the termination or probation, the specific remedial action required of the high quality pre-K program, and the effective date of the termination or placement on probation.

3507.3

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 public interest.

3507.4

A high quality pre-K program placed on probation status shall be required to complete a corrective action plan and may have its funding withheld until all identified noncompliance is corrected.

3507.5

A corrective action plan shall include strategies to regain compliance. OSSE may provide technical assistance during the preparation of the corrective action plan. Failure to correct all areas of noncompliance may result in a recommendation to terminate funding to the program.

3507.6

A high quality pre-K program may request review of a decision by OSSE to terminate the funding or probation. A request for review shall be submitted in writing to OSSE at any time before the effective date of the termination or probation, or within thirty (30) calendar days of the date the recipient 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 recipient's positions.
3507.7

Review of the high quality pre-K program's request shall be performed by an OSSE employee designated by the State Superintendent of Education and such person shall not have participated in the decision to designate the CBO as a high quality pre-k program, the allocation or award of pre-K enhancement and expansion funding, or the decision to terminate the funding. The decision of the reviewer shall be final.

D.C. Mun. Regs. tit. 5, r. 5-A3507

Final Rulemaking published at 63 DCR 1251 (2/5/2016)