ENROLLED ORIGINAL
A RESOLUTION
25-169
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
June 6, 2023
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 2023”.
Sec. 2. (a) There is an immediate need to designate the Department of Corrections as the
District agency to provide a free appropriate public education (“FAPE”) under the Individuals
with Disabilities Education Act (“IDEA”) and District law to eligible individuals in its custody
and detained in its secure facilities.
(b) Under IDEA and District law, students aged 18 years old who are incarcerated in an
adult correctional facility are, through their eligibility for FAPE under the IDEA and District
law, 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.
(c) The Department of Corrections has in its custody individuals ages 18 years old
through their eligibility for FAPE under the IDEA and District law who are eligible for special
education and related services under IDEA.
(d) For school years 2021-2022 and 2022-2023, special education services for individuals
in the custody of the Department of Corrections have been provided by Maya Angelou Public
Charter School under a temporary charter authorization from the Public Charter School Board.
The temporary charter authorization expires at the end of school year 2022-2023.
(e) After the expiration of the temporary charter authorization, on August 4, 2023, the
District will be responsible for ensuring the delivery of special education and related services
under IDEA for eligible individuals in the custody of the Department of Corrections.
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(f) Therefore, it is necessary to designate a District agency that will be responsible for
ensuring the delivery of these special education and related services.
(g) It is critical to make the designation 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 the Department of Corrections.
Sec. 3. The Council 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 2023 be adopted
after a single reading.
Sec. 4. This resolution shall take effect immediately.
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