MURIEL BOWSER
MAYOR
June 1, 2023
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and enactment by the Council of the District of Columbia is the "Special
Education for Young Adults in the Custody of the Department of Corrections Emergency Declaration
Resolution of2023", the "Special Education for Young Adults in the Custody of the Department of
Corrections Emergency Amendment Act of 2023", the "Special Education for Young Adults in the
Custody of the Department of Corrections Temporary Amendment Act of 2023", and the "Special
Education for Young Adults in the Custody of the Department of Corrections Amendment of2023".
The legislation will designate the Department of Corrections ("DOC") as the District agency
responsible for the provision of a free appropriate education ("F APE") under the Individuals with
Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.)
("IDEA") and District law, to individuals with disabilities who are in its custody and detained in its
secure facilities from the age of 18 through the end of the individual's eligibility for FAPE under the
IDEA and District law.
Currently, Maya Angelou Public Charter Schools ("MAPCS") is providing special education and
related services to individuals eligible for those services who are in the custody of DOC. MAPCS has
been providing these services under a temporary charter authorization from the Public Charter School
Board. This temporary charter authorization has been in place for school years 2021-2022 and 2022-
2023 and expires on August 4, 2023. There is an urgent need for a District agency to assume the role
of the public agency responsible for ensuring the delivery of special education and related services
under IDEA after the expiration ofMAPCS' temporary emergency charter authorization on August 4,
2023. The legislation would allow for the DOC to assume this role and oversee the management and
delivery of special education and related services for eligible students in their custody and detained in
its secure facilities through a contract with a qualified education provider.
Sincerely,
 1
2
~~~ Chairman Phil Mendelson
3 at the request of the Mayor
4
5
6 A BILL
7
8
9
10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11
12
13
14
15 To amend An Act To create a Department of Corrections in the District of Columbia to designate
16 the Department of Corrections as the District agency to provide a free appropriate public
17 education under the Individuals with Disabilities Education Act and District law to
18 certain individuals in its custody and detained in its secure facilities .
19
20 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
21 act may be cited as the "Special Education for Young Adults in the Custody of the Department of
22 Corrections Amendment Act of 2023".
23 Sec. 2. Section 2(b) of An Act To create a Department of Corrections in the District of
24 Columbia, approved June 27, 1946 (60 Stat. 320; D.C. Official Code§ 24-211.02(b)), is
25 amended as follows:
26 (a) Paragraph (9) is amended by striking the phrase " ; and" and inserting a semicolon in
27 its place.
28 (b) The second paragraph designated as (10), as added by section 4(a) of the Restore the
29 Vote Amendment Act of 2020, effective April 27, 2021 (D.C. Law 23-27767; 67 DCR 13867), is
30 redesignated as paragraph (11).
31 (c) The newly designated paragraph ( 11) is amended by striking the period at the end and
32 inserting the phrase "; and" in its place.
33 (d) A new paragraph (12) is added to read as follows:
34 "(12) During school year 2023-2024, provide a free appropriate public education
35 ("FAPE") under the Individuals with Disabilities Education Act, approved April 13, 1970 (84
36 Stat. 175; 20 U.S.C. § 1400 et seq.) ("IDEA") and District law, to individuals with disabilities
37 who are in its custody and detained in its secure facilities from the age of 18 through the end of
38 the individual's eligibility for FAPE under the IDEA and District law.".
39 Sec. 3. Amendatory section 2 of section 10(a) of the Corrections Oversight Improvement
40 Omnibus Amendment Act of 2022, effective April 21, 2023 (D.C. Law 24-344; 70 DCR 635), is
41 amended as follows:
42 (a) Paragraph (12) is amended by striking the phrase"; and" and inserting a semicolon in its
43 place.
44 (b) Paragraph (13) is amended by striking the period at the end and inserting the phrase";
45 and" in its place.
46 (c) A new paragraph (14) is added to read as follows:
47 "(14) During school year 2023-2024, provide a free appropriate public education
48 ("F APE") under the Individuals with Disabilities Education Act, approved April 13, 1970 (84
49 Stat. 175; 20 U.S.C. § 1400 et seq.) ("IDEA") and District law, to individuals with disabilities
50 who are in its custody and detained in its secure facilities from the age of 18 through the end of
51 the individual's eligibility for FAPE under the IDEA and District law.".
52 Sec. 4. Fiscal impact statement.
53 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal
54 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
55 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code§ 1-301.47a), and section 602(c)(3)
2
56 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C.
57 Official Code§ l-206.02(c)(3).
58 Sec. 5. Effective date.
59 This act shall take effect following approval by the Mayor (or in the event of veto by the
60 Mayor, action by the Council to override the veto), a 30-day period of Congressional review as
61 provided in section 602( c)( 1) of the District of Columbia Home Rule Act, approved December
62 24, 1973 (87 Stat. 813; D.C. Official Code§ 1-206.02(c)(l)), and publication in the District of
63 Columbia Register.
3
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
Legal Counsel Division
--
***
MEMORANDUM
TO: Tommy Wells
Director
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: May 26, 2023
RE: Legal Sufficiency Certification of Draft Legislation, the "Special Education for Young
Adults in the Custody of the Department of Corrections Amendment Act of 2023,"
and Emergency and Temporary Versions
{AE-23-136)
This is to Certify that this Office has reviewed the above-referenced draft
legislation and found it to be legally sufficient. If you have any questions, please do not hesitate to
call me at (202) 724-5524.
tr(_o/,,tlf!Je
Megan D. Browder
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone (202) 724-5524 Emai l: megan.browder@dc.gov
 Government of the District of Columbia
Office of the Chief Financial Officer
* * *
Glen Lee
Chief Financial Officer
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee ... /} /} /}
Chief Financial O f f i c e ~ IA e__
DATE: June 1, 2023
SUBJECT: Fiscal Impact Statement - Special Education for Young Adults in the
Custody of the Department of Corrections Amendment Act of 2023 (and
accompanying emergency and temporary versions)
REFERENCE: Draft Introduction as provided to the Office of Revenue Analysis on
May 26, 2023
Conclusion
Funds are sufficient in the fiscal year 2023 budget and proposed fiscal year 2024 through fiscal year
2027 budget and financial plan to implement the bill.
Background
Special education services at the Department of Corrections (DOC) are provided by the Maya Angelou
Public Charter Schools under an emergency charter authorization that will expire on August 4, 2023
and this emergency charter authorization will not be renewed. Prior to school year 2021-2022, the
District of Columbia Public Schools (DCPS) provided special education services for eligible students
under the Individuals with Disabilities Education Act. 1
The bill (along with the accompanying emergency and temporary versions) designates 2 DOC as the
agency responsible for providing free appropriate public education (FAPE) under IDEA to individuals
in its custody and detained in its secure facilities during the 2023-2024 school year. This designation
gives DOC the legal authority to contract with an educational services provider for school year 2023-
2024.
1Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.).
2By amending Section 2(b) of An Act To create a Department of Corrections in the District of Columbia,
approved June 27, 1946 (60 Stat. 320; D.C. Official Code§ 24-211.02(b)).
1350 Pennsylvania Avenu e, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
The Honorable Phil Mendelson
FIS: Special Education for Young Adults in the Custody of the Department of Corrections Amendment Act of
2023 (and accompanying emergency and temporary versions) , Draft Committee Print as provided to the
Office of Revenue Analysis on May 26, 2023
Financial Plan Impact
Funds are sufficient in the fiscal year 2023 budget and proposed fiscal year 2024 through fiscal year
2027 budget and financial plan to implement the bill.
The fiscal year 2024 DOC budget includes $4 million to contract with a special education provider
that will provide services to up to 45 individuals during the 2023-2024 school year. The bill allows
DOC to contract with a provider to offer special education to eligible students.
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