MEMORANDUM OF UNDERSTANDING
BETWEEN DCPS AND
DC APPLESEED CENTER AND PIPER RUDNICK
WHEREAS, the District of Columbia Public Schools
("DCPS") and its Superintendent, Paul L. Vance, have requested
that the DC Appleseed Center ("DC Appleseed") and the law firm
of Piper Rudnick LLP ("Piper Rudnick") conduct a joint
investigation both of the facts and circumstances surrounding the
failure of DCPS to provide a DCPS student, Jonathan Herring, with
services ordered by a Special Education Hearing Officer and a Federal
District Court, as well as of the implications of that failure as they
relate to the need for systemic reform; and
WHEREAS, DC Appleseed and Piper Rudnick believe that the
requested investigation will require review of a sample of additional
Hearing Officer Decisions and Preliminary Injunction Orders to determine
whether the facts and circumstances surrounding the Herring matter are
unique or represent a pattern of conduct or practice; and
WHEREAS, DC Appleseed and Piper Rudnick have been
engaging in a systematic review of special education matters in the
District of Columbia, will soon be releasing their findings and
recommendations related to that review, and are committed to assisting
DCPS in improving the provision of special education services to
children in need of them; and
WHEREAS, as a part of their commitment to improving
special education services to children in the District, DC Appleseed and
Piper Rudnick are willing to conduct the requested investigation on the
terms described below; and
WHEREAS, DCPS and the Superintendent agree with such
terms,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Neither DCPS nor the Superintendent
shall be treated as a client of DC Appleseed or Piper Rudnick for
purposes of the investigation; nor will DC Appleseed or Piper Rudnick
conduct the investigation as agents for DCPS or the Superintendent.
DCPS will promptly and on a
continuing basis provide DC Appleseed and Piper Rudnick with access to
all documents that are pertinent to the investigation.
DC Appleseed and Piper Rudnick will
execute confidentiality agreements with DCPS if it is determined that
such agreements will be necessary to comply with District of Columbia
and federal law.
DCPS will make all employees who are
pertinent to this investigation available for interviews at a time and
place mutually agreed to by DCPS and DC Appleseed and Piper Rudnick.
DCPS will use its best efforts to
assist DC Appleseed and Piper Rudnick in obtaining pertinent information
from former employees, consultants, and contractors and from other
agencies and offices within the District of Columbia government.
DCPS will notify DCPS employees that
DC Appleseed and Piper Rudnick will be conducting this investigation at
the behest of DCPS and the Superintendent, and the Superintendent will
specifically request the employees that will be interviewed to cooperate
fully in the investigation.
DC Appleseed and Piper Rudnick will
conduct this investigation on a pro bono basis.
DC Appleseed and Piper Rudnick will
show a copy of the Memorandum of Understanding to all employees and
others who are interviewed and will inform them that they are conducting
the investigation at the request of DCPS and the Superintendent; that
the investigation is being conducted independently of DCPS; that DC
Appleseed and Piper Rudnick will be reporting their findings and
recommendations to the Superintendent in writing at the conclusion of
the investigation, and will, upon request, provide interim reports to
the Superintendent.
DC Appleseed and Piper Rudnick will
use their best efforts to initiate the investigation within seven days
and complete the investigation within 45 days of the execution of this
Memorandum of Understanding and will, upon request, provide interim
findings and recommendations to the Superintendent.
DC Appleseed and Piper Rudnick will
submit their final findings and recommendations to the Superintendent in
the form of a written report, and the report will address both the facts
and circumstances of the Herring matter as well as any broader findings
and recommendations they choose to make related to systemic reform.
DC Appleseed and Piper Rudnick
retain the right to release publicly all or portions of their final
written report and to do so without obtaining the prior approval of the
Superintendent and DCPS.
Dated: August ___, 2003
DISTRICT OF COLUMBIA PUBLIC SCHOOL SYSTEM
Paul L. Vance
Superintendent
PIPER RUDNICK LLP
Sheldon Krantz
Pro Bono Partner
DC APPLESEED CENTER
Walter Smith
Executive Director
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