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Comment: Special Education Transfer of Rights Second Rulemaking

Senior Policy Attorney Renee Murphy submitted comments on second proposed rulemaking regarding Special Education and the transfer of decision-making rights to students at age 18. In her comments, she expressed gratitude to the Office of the State Superintendent (OSSE) for incorporating many comments from the first rulemaking, such as aligning these regulations with existing DC law about incapacitated individuals, including a strong descriptive definition of supported decision-making, and strengthening the provision about powers of attorney.

To improve implementation of these sections of the regulations, Renee recommended OSSE create and distribute sample supported decision-making forms and powers of attorney. Additionally, Renee offers two revisions to the regulations in order to 1) clarify that a student without close family could have multiple other adults help with their educational decisions and 2) recognize powers of attorney as an additional alternative to an appointed decision-maker.

Click below to read her full comments.