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ENROLLED ORIGINAL
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A RESOLUTION
26-190
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
September 17, 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 Second 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 school 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.
ENROLLED ORIGINAL
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(e) Permanent versions of the Special Education for Young Adults in the Custody of the
Department of Corrections Amendment Act of 2023, as introduced on June 1, 2023 (Bill 25-
309), as well as the Leading Education Access for Reentry and Necessary Success Amendment
Act of 2023, as introduced on September 18, 2023 (Bill 25-461)—both of which would resolve
the issue this legislation is aimed at addressing—were introduced in Council Period 25, and a
public hearing on the bills was held in January 2024. However, the agencies at issue are still in
discussions about the permanent home for this responsibility.
(f) 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
years 2024-2025 and 2025-2026, to ensure that DOC can continue its contract with Maya
Angelou Public Charter Schools for the current 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 Second Emergency
Amendment Act of 2025 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.