Special Education for Young Adults in the Custody of the Department of Corrections Emergency Declaration Resolution of 2025

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A RESOLUTION

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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

April 1, 2025

To declare the existence of an emergency with respect to the need to amend An Act To create a
Department of Corrections in the District of Columbia and the Corrections Oversight
Improvement Omnibus Amendment Act of 2022 to designate the Department of Corrections
as the District agency to provide a free appropriate public education under the Individuals
with Disabilities Education Act and District law to certain individuals in its custody and
detained in its secure facilities.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the “Special Education for Young Adults in the Custody of the
Department of Corrections Emergency Declaration Resolution of 2025”.

Sec. 2. (a) There is an immediate need to designate the Department of Corrections (“DOC”)
as the District agency responsible for providing a free appropriate public education (“FAPE”) under
the federal Individuals with Disabilities Education Act (“IDEA”) and District law to eligible
individuals in its custody and detained in its secure facilities.
(b) Under the IDEA and District law, individuals aged 18 years old through the end of their
eligibility for FAPE under the IDEA and District law (hereinafter “eligible individuals”) who are
incarcerated in an adult correctional facility are entitled to receive a free appropriate public
education through the delivery of special education and related services if they were previously
identified or found eligible as a student with a disability or had an individualized education program.
DOC has eligible individuals in its custody.
(c) For school year 2021-2022 and schools year 2022-2023, special education services for
eligible individuals in DOC’s custody were provided by Maya Angelou Public Charter Schools
under a temporary charter authorization from the Public Charter School Board. The temporary
charter authorization expired at the end of school year 2022-2023.
(d) In order to ensure the continuation of appropriate special education services at DOC in
school year 2023-2024, the Council passed emergency and temporary legislation in April 2024 to
designate DOC as the District agency responsible for providing a FAPE to eligible individuals in
DOC’s custody, with the understanding that DOC would contract with Maya Angelou Public Charter
Schools to provide the services.
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(e) The temporary legislation adopted by the Council expires on April 12, 2025, prior to the
end of school year 2024-2025.
(f) Therefore, emergency legislation is necessary to extend the designation of DOC as the
District agency responsible for providing a FAPE to eligible individuals in DOC’s custody during
school year 2024-2025, to ensure that DOC can continue its contract with Maya Angelou Public
Charter Schools for the remainder of the school year.
(g) It is critical to pass emergency legislation immediately so that there is no disruption in the
delivery of required special education and related services under IDEA for eligible individuals in the
custody of DOC.

Sec. 3. The Council of the District of Columbia determines that the circumstances
enumerated in section 2 constitute emergency circumstances making it necessary that the Special
Education for Young Adults in the Custody of the Department of Corrections Emergency
Amendment Act of 2025 be adopted after a single reading.

Sec. 4. This resolution shall take effect immediately.