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_______________________ 3
Councilmember Brooke Pinto 4
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A PROPOSED RESOLUTION 7
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 11
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To declare the existence of an emergency with respect to the need to amend An Act To 15
create a Department of Corrections in the District of Columbia and the Corrections 16
Oversight Improvement Omnibus Amendment Act of 2022 to designate the 17
Department of Corrections as the District agency to provide a free appropriate 18
public education under the Individuals with Disabilities Education Act and 19
District law to certain individuals in its custody and detained in its secure 20
facilities. 21
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RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That 23
this resolution may be cited as the “Special Education for Young Adults in the Custody 24
of the Department of Corrections Emergency Declaration Resolution of 2026”. 25
Sec. 2. (a) There is an immediate need to designate the Department of Corrections 26
as the District agency responsible for providing a free appropriate public education 27
(“FAPE”) under the federal Individuals with Disabilities Education Act (“IDEA”) and 28
District law to eligible individuals in its custody and detained in its secure facilities. 29
(b) Under the IDEA and District law, individuals aged 18 years old through the 30
end of their eligibility for FAPE under the IDEA and District law (hereinafter “eligible 31
individuals”) who are incarcerated in an adult correctional facility are entitled to receive a 32
free appropriate public education through the delivery of special education and related 33
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services if they were previously identified or found eligible as a student with a disability 34
or had an individualized education program. DOC has eligible individuals in its custody. 35
(c) For school year 2021-2022 and schools year 2022-2023, special education 36
services for eligible individuals in DOC’s custody were provided by Maya Angelou 37
Public Charter Schools under a temporary charter authorization from the Public Charter 38
School Board. The temporary charter authorization expired at the end of school year 39
2022-2023. 40
(d) In order to ensure the continuation of appropriate special education services at 41
DOC in school year 2023-2024 and beyond, the Council passed emergency and 42
temporary legislation to designate DOC as the District agency responsible for providing a 43
FAPE to eligible individuals in DOC’s custody, with the understanding that DOC would 44
contract with Maya Angelou Public Charter Schools to provide the services. 45
(e) A permanent version of this legislation is included in the Leading Education 46
Access for Reentry and Necessary Success (“LEARNS”) Amendment Act of 2026, 47
enacted on July 2, 2026 (D.C. Act 26-368; XX DCR XXX), which still must undergo 48
congressional review. 49
(f) Emergency legislation is necessary to extend the designation of DOC as the 50
District agency responsible for providing a FAPE to eligible individuals in DOC’s 51
custody during school years 2025-2026 and 2026-2027, to ensure that DOC can continue 52
its contract with Maya Angelou Public Charter Schools for the current school year. 53
(g) It is critical to pass this legislation immediately so that there is no disruption in 54
the delivery of required special education and related services under IDEA for eligible 55
individuals in the custody of the Department of Corrections. 56
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Sec. 3. The Council of the District of Columbia determines that the circumstances 57
enumerated in section 2 constitute emergency circumstances making it necessary that the 58
Special Education for Young Adults in the Custody of the Department of Corrections 59
Emergency Amendment Act of 2026 be adopted after a single reading. 60
Sec. 4. This resolution shall take effect immediately. 61