Superintendent Says Proposed Law Unneeded

Poor Record-Keeping Cited for Past Inefficiencies

The D.C. state superintendent of education said yesterday that her office and the mayor's administration can improve special education -- a $200 million-a-year operation -- without proposed legislation that would require her to create a plan to improve the services for students with special needs.

At a public hearing on the legislation, Deborah A. Gist told D.C. Council members that the proposed Special Education Reform Act would mirror federal laws already in place and new initiatives her office recently started.

She said she commended the legislation that Council member Carol Schwartz (R-At Large) introduced last year, but the goals outlined "can be achieved without additional legislative authority."

But Schwartz said a law is needed because special education in public and charter schools is being driven by "court orders and consent decrees."

"Why do we always have to do things because of people going to court?" she asked.

Last month, Gist, Mayor Adrian M. Fenty (D) and school officials announced a new written agreement to settle a class-action lawsuit filed by parents upset with the system's delay in decisions on student placement in special education.

The agreement is aimed at helping the city comply with a 2006 consent order in that case to reduce the backlog of more than 1,000 requests for hearing officers who make placement decisions.

"The District receives an average of 260 due process hearing requests per month, which causes our student hearing office to more closely resemble a small-claims court than most state student hearing offices," Gist said.

She added that her office will probably choose a vendor to oversee the office within 60 days. "Poor record-keeping and filing is a major reason why cases have been dealt with inefficiently in the past," Gist said.

Her office can implement the policies, she said, because the schools takeover plan gives the office authority over special education.

But some council members argued that a law is needed. They questioned the city's expenditures, especially for transportation.

In an interview, Gist said there are 11,105 students in special education, 2,231 of whom receive education outside the school district and charter schools. That adds up to about $72 million in transportation costs annually, she told council members.

Schwartz's bill would require Gist to submit a detailed analysis of the cost of educating students in private settings. "We need a law about this issue, but I'm sure we can work together to fashion something that will be helpful," Schwartz said.