DCPS / OSSE Regulatory Stack — What's Binding, What's Guidance, Where to Look
Generated: 2026-05-10. Sources: OSSE publications +
5-A DCMR + OSEP letters. Local copies of OSSE PDFs in
source-pdfs/.
The hierarchy (top to bottom = most binding to least)
| Layer | Source | Binding? | Where |
|---|---|---|---|
| Federal statute | IDEA Part B (20 U.S.C. §§1400 et seq.) | YES — federal law | Congress |
| Federal regulations | 34 CFR Part 300 | YES — federal regs | https://sites.ed.gov/idea/regs |
| DC regulations | 5-A DCMR Chapter 30 "Special Education" (effective July 1, 2022) | YES — DC law | source-pdfs/5-A-DCMR-Chapter-30.pdf |
| OSSE policy bulletins | Topic-specific OSSE bulletins (ESY, Initial Eval, etc.) | Non-binding guidance — but interpret regs and define expectations | https://osse.dc.gov/page/osse-special-education-regulations-policies-and-guidance |
| OSSE Process Handbook (SY25-26) | Annual operational reference | Non-binding but the canonical operational reference | source-pdfs/OSSE-Process-Handbook-SY25-26.pdf |
| OSEP letters (federal) | E.g., Letter to Boswell, Letter to Anonymous | Non-binding but persuasive | https://sites.ed.gov/idea/idea-files/ |
| DCPS internal guidance / Shannon's emails | Bancroft / DCPS team-level | Operational, not legal | This directory's parent (../) |
5-A DCMR Chapter 30 — DC's Binding Special Ed Regulations
Effective July 1, 2022. Local copy:
source-pdfs/5-A-DCMR-Chapter-30.pdf +
.txt.
Key sections to know:
| Section | Topic |
|---|---|
| §3001 | General provisions; FAPE; transfer-student obligations |
| §3003 | Child Find — LEA obligations to identify, locate, evaluate |
| §3004 | Referrals for initial evaluation; required referral sources |
| §3005 | Evaluation timelines (60 days from parental consent) |
| §3015 | ESY — eligibility framework, regression/recoupment, certification |
| §3029 | Parent Acknowledgement Letter |
| §3032 | Prior Written Notice (PWN) — when required, content |
| §3033 | Procedural Safeguards Notice |
| §3099 | Definitions |
When in doubt about a DC-specific procedural requirement, read the DCMR section before relying on memory or summary docs. The full text is in the local PDF.
OSSE Special Education Process Handbook SY25-26
The operational bible for DC SpEd. 2,173 lines
(199KB plain text). Local copy:
source-pdfs/OSSE-Process-Handbook-SY25-26.pdf +
.txt.
Updated annually for each school year. This is what OSSE expects LEAs to consult as the day-to-day operational reference. Non-binding but treated as authoritative — if there's a conflict between Shannon's email and the Process Handbook, the Handbook wins.
Read it cover-to-cover at least once per year, and
grep the .txt version for specific topics (e.g.,
grep -A 20 -i "PWN" OSSE-Process-Handbook-SY25-26.txt).
OSSE Policy Bulletins (current)
Local copies in source-pdfs/. Verbatim excerpts of the
most-relevant ones below.
ESY Services — August 2023
source-pdfs/OSSE-ESY-Bulletin-Aug2023.txt
"The IEP team must use at least three months of progress monitoring data from the current school year, or any relevant current data or information if three months of progress monitoring data from the current school year is not available, to consider and document:
- the impact of a break in service on previously attained or emerging critical skills,
- the likelihood and degree of regression related to previously attained or emerging critical skills,
- and the time required for recoupment of previously attained or emerging critical skills. (5A DCMR § 3015.2)"
Other key rules from this bulletin:
- For students transferring between LEAs between school years, the prior LEA is responsible for ESY. (5A DCMR §3015.6)
- For Part C → Part B transitions, ESY must be considered as part of the IEP development process.
- Closing-charter students: new LEA responsible for comparable ESY services; cannot arbitrarily decrease.
- Special Programs records access during summer: student must be stage-4 enrolled in the LEA after the last day of school and before July 10.
Referral for Initial Evaluation — October 2024
source-pdfs/OSSE-Initial-Eval-Bulletin-Oct2024.txt
The most-cited binding rules:
- Verbal referrals must be documented in writing within 3 business days of receipt.
- LEAs must NOT delay or deny a referral to gather data, conduct screenings, implement pre-referral interventions, or because of limited English proficiency.
- LEAs may NOT require referrals to be in writing or on a specific form, or use specific phrasing.
- LEAs may NOT require a medical diagnosis.
- Pre-referral interventions may run concurrently with the initial evaluation — they are not a gate.
- Required referral-acceptance sources include: parent, student (if rights transferred), LEA employee with knowledge, public-agency employee with knowledge. For under age 6: also pediatricians/medical, child care/early childhood, IDEA Part C, community/civic, advocacy.
- LEA must complete a Parent Acknowledgement Letter in Special Programs and provide it to the parent along with a copy of the procedural safeguards notice upon receipt of any referral.
- Within 60 calendar days of receipt of parental consent, eligibility determination must be complete.
Strengthening Connections (Communication) — July 2025
source-pdfs/OSSE-Strengthening-Connections-July2025.txt
OSSE's 11-tip framework for effective family communication. The headlines (full text in the PDF):
- Prepare thoroughly — never present new information for the first time at the meeting; pre-share all docs
- Choose appropriate time and setting — multiple options including after-school, virtual, with childcare
- Start positively — "sandwich approach" (strength → concern → positive recap)
- Active listening, respect, empathy — paraphrase to confirm understanding; honor cultural differences
- Use clear and accessible language — translation services + parent-friendly explanations + avoid jargon
- Stay focused on solutions — bring potential solutions but stay open
- Teamwork and IEP decision-making — "All members of the IEP team hold equal decision-making power"
- Establish a plan for ongoing monitoring — schedule follow-ups proactively
- Document agreements and next steps — clearly capture in PWN; document disagreements respectfully in IEP
- Follow up promptly on agreed actions
- Provide support and resources — DC SpEd Hub, AJE, Office of the Ombudsman, Office of the Student Advocate
Key OSEP Letters Worth Knowing
- Letter to Boswell (49 IDELR 196, 2007) — establishes the purpose of PWN: "to ensure that a parent understands the special education and related services which an LEA has proposed or refused to provide." If a parent can't understand, they can't consent. Anchor rationale for why boilerplate fails.
- Letter to Anonymous (Aug 2, 2018) — addresses evaluation data review and adequate documentation of basis for agency decisions.
- OSEP Policy Support 22-02 (Nov 10, 2022) — procedural safeguards in FAPE decisions for highly mobile students.
- OSEP Memo 11-07 — Response to Intervention (RTI) cannot be used to delay or deny an evaluation.
"Where do I look for X?" cheat sheet
| Question | First place to look |
|---|---|
| Can I delay an eval to do MTSS first? | OSSE Initial Eval Bulletin (Oct 2024) → "no" |
| What's the legal evaluation timeline in DC? | 5-A DCMR §3005; OSSE Process Handbook |
| What data does an ESY decision require? | OSSE ESY Bulletin (Aug 2023) → 3 months progress monitoring |
| Required PWN content? | 34 CFR §300.503 (federal); 5-A DCMR §3032 (DC) |
| Translation requirements? | 34 CFR §300.503(c) + DC Language Access Act + DCPS Language Access page |
| What if parent doesn't show? | OSSE Process Handbook §IEP Meetings; document due-diligence outreach |
| Parent Acknowledgement Letter — when? | OSSE Initial Eval Bulletin Oct 2024 — upon receipt of any referral |
| Re-eval order of operations | Shannon's procedure doc + 5-A DCMR §3032 |
OSSE contact
For interpretation of any policy: OSSE.DSEPolicy@dc.gov (Office of Special Education policy team).
Resources hub
https://osse.dc.gov/page/osse-special-education-regulations-policies-and-guidance — three-part portal: regulations, local policies, non-regulatory guidance. The canonical starting point for any DC-level authority lookup.