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D.C. Letter 9: The Osse State Complaint Shell for Hod Enforcement

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Correspondence. District of Columbia. Cross references: DC-Tool 34; DC-6, DC-11.

When to Use It

Use this shell when a favorable hearing officer determination has not been implemented. In the D.C. Circuit, a prevailing parent cannot sue under the IDEA to enforce a favorable HOD (B.D. v. District of Columbia, 817 F.3d 792 (D.C. Cir. 2016)). The designated route is the OSSE state complaint, which reaches HOD non-implementation as an expressly enumerated subject, must ordinarily be decided within 60 days absent exceptional circumstances, and must be filed within one year of the alleged non-implementation (34 C.F.R. 300.152(a), (c)(3), 300.153(c); 5-A DCMR 3048.1-.3, checked August 13, 2026).

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