Jonathan Herring Case
DCPS Press Release on investigation
August 21, 2003

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District of Columbia Public Schools
NEWS Release
Dr Paul L. Vance, Superintendent

District of Columbia Public Schools • Office of Communications and Public Information
825 North Capitol Street, NE 7th Floor- Washington, DC 20002 - Tel: (202) 442-5635 - Fax: (202) 442-5418 • www.k12.dc.us

INDEPENDENT AGENCIES BEGIN INVESTIGATION OF PROBLEMS SURROUNDING ACQUISITION AND DELIVERY OF LEARNING EQUIPMENT FOR SPECIAL EDUCATION STUDENT

"Investigators Will Determine the Facts and Circumstances Surrounding Failure to Comply; Report Findings Due to Vance In 45 Days"

Washington, DC - Two independent agencies who agreed to investigate delays in the acquisition and delivery of learning equipment for a DCPS special education student began work this week. Representatives from DC Appleseed requested and received documents related to the Jonathan Herring case. DC Appleseed, along with Piper Rudnick LLP, has been engaged by Superintendent Dr. Paul L. Vance to investigate the Herring case as well as problems and challenges in the Special Education program. Documents pertinent to the investigation were sent to Piper Rudnick, said Dr. Ray Bryant, DCPS Chief of Special Education Reform.

Herring is a visually impaired special education student, who was to have received a computer and other assistive technology to enhance his school learning. While Jonathan received the equipment and software, it was delivered months after the hearing officer and judge's decision.

After learning of problems in the Herring case, Superintendent Dr. Paul L. Vance asked the public advocacy agency and the law firm to conduct a joint investigation into the circumstances surrounding the failure of DCPS' Office of Special Education to provide Herring with services ordered by an Independent Hearing Officer and a Federal District Court judge in a timely manner. In a memorandum of understanding signed on August 14, the independent agencies agreed to begin work within a week of signing the agreement and also said they would work to produce a report within 45 days.

"No one is more aware of the acute problems the Special Education program faces than I," Vance said. "That's why I decided to take this step. I am confident that DC Appleseed and Piper Rudnick - with the stellar reputations they have - will do an exemplary job in getting to the root of the problems that impact our ability to implement hearing decisions in a timely manner. They will also be offering us sound solutions that we can build into the system so that we can resolve outstanding issues and offer the quality special education programs that can meet the needs of our special needs students."

DC Appleseed and Piper Rudnick have agreed to participate in the investigation under the stipulation that they conduct the investigations independently and not as agents of the Superintendent or DCPS. Among the issues under scrutiny are the implications of the specific failures in the Herring case as they relate to the need for systematic reform of the entire Special Education program. Prior to Vance's request, both DC Appleseed and Piper Rudnick were already engaged in a system-wide review of special education due process issues in DCPS.

The stipulations in the memorandum of understanding signed by Vance, DC Appleseed Center and Piper Rudnick include:

• DC Appleseed and Piper Rudnick will conduct the investigation on a pro-bono basis
• DC Appleseed and Piper Rudnick will use their best efforts to initiate the investigation within seven days of the signing of the agreement and complete the investigation within 45 days of the execution of the memorandum of understanding and will, upon request, provide interim findings and recommendations to 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
• DCPS will make all employees pertinent to this investigation available for interviews at a time and place mutually agreed to by DCPS, 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 agencies and offices within the District of Columbia government
• 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

Superintendent Vance suspended four special education officials for their failure to comply with the court order to provide the needed learning equipment designed to meet Jonathan Herring's educational needs. The suspended personnel include an Assistant Superintendent, the Director of the Office of Mediation and Compliance, an IT Specialist and a Supervisory Computer Specialist. All four employees have been placed on administrative leave pending the outcome of an investigation and internal review of the facts and circumstances related to the compliance failure. The results of the investigation will determine what, if any, further action will be necessary.

DC Appleseed is a public advocacy organization that brings together volunteer teams of lawyers and other experts to conduct studies of issues of local importance. They will research and analyze the issues, develop and publish recommendations for systemic reform and advocate for the solutions. Some of the issues the group has tackled include education reform, healthcare, DC voting rights and environmental issues.

Piper Rudnick is a business law firm with more than 925 lawyers located in a dozen offices around the United States. The law firm was ranked 1511 in the United States in Spring 2003 by Chambers USA: America's Leading Business Lawyers 2003. The firm's practice is focused on business and technology, real estate, litigation, government affairs, and international commerce and litigation, international dispute resolution and public international law.