COUNCIL OF THE DISTRICT OF COLUMBIA
The John A. Wilson Building
1350 Pennsylvania Avenue, nw
Washington, D.C. 20004
Christina
Christina Henderson
Henderson Committee Member
Committee Member
Councilmember, At-Large Hospital and Health Equity
Chairperson, Committee
Councilmember, on Health
At-Large Judiciary andHealth
Hospital and Public Equity
Safety
Transportation and the Environment
Chairperson, Committee on Health Judiciary and Public Safety
Statement of Introduction Transportation and the Environment
Advancing Equity in Special Education Protocols Amendment Act of 2024
June 10, 2024
Today, I am proud to introduce the Advancing Equity in Special Education Protocols Amendment Act
of 2024, along with Councilmembers Robert C. White, Jr., Brooke Pinto, Janeese Lewis George, and
Zachary Parker. This legislation would give a student with special needs who has an individualized
education program (IEP) the right to remain in their initial placement feeder pattern, unless the
programs available in their feeder pattern cannot support their needs. In the event that a student with
an IEP is moved to a school outside of their feeder pattern, the student’s IEP team would be informed
in writing of the rationale for the move. Additionally, this bill would require the Executive to
promulgate rules that establish staff-to-student ratio standards for self-contained special education
classrooms. In the event that the number of students in a self-contained special education classroom
increases and the classroom does not conform with the staff-to-student ratio standard, a local education
agency (LEA) would provide a written explanation within 5 days to teachers in an affected self-
contained special education classroom, parents of students in an impacted self-contained special
education classroom, and school administrators describing the additional resources and personnel that
will be allocated to meet each student’s needs as defined by their IEP.
Ensuring that a student with special education needs remains in their initial feeder pattern is crucial for
their educational and social development. Stability in school placement is critical for students with
special needs, providing them with a consistent environment where they can build relationships,
receive continuous support, and achieve their academic goals. Students with special needs benefit
significantly from stable educational environments and disruptions in school placements can lead to
gaps in their education, increased anxiety, and declines in both academic performance and social well-
being.
Furthermore, establishing clear staff-to-student ratio standards and abiding by these standards is critical
for teacher well-being and effectiveness. It also ensures a learning environment that can meet the needs
of each student. Maintaining appropriate staff-to-student ratios in special education classrooms
improves student engagement, academic achievement, and reduces behavioral issues. When staff-to-
student ratios are exceeded, the LEA should provide an explanation to teachers, administrators, and
parents to ensure that adequate resources and supports are in place to meet each student’s needs.
I look forward to working with my colleagues on the Council to pass this legislation, which will
support dedicated special education teachers, improve educational outcomes, and expand the overall
well-being of students in self-contained classrooms.
 1 _____________________________ _____________________________
2 Councilmember Robert C. White, Jr. Councilmember Christina Henderson
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5 _____________________________ _____________________________
6 Councilmember Janeese Lewis George Councilmember Brooke Pinto
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9 _____________________________
10 Councilmember Zachary Parker
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15 A BILL
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17 _______________
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20 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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22 _______________________
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24 To amend the Special Education Procedural Protections Expansion Act of 2014 to give a child
25 with a disability with an individualized education program the right to remain in their
26 initial placement feeder pattern unless there is no program available in their feeder
27 pattern, to require that an LEA consult with the IEP team of a child with a disability prior
28 to any change in the child’s service location, to require that an LEA provide a written
29 explanation to the parent of a child with a disability before any change in service location
30 for the child is made and explain why the special education services in the current feeder
31 pattern cannot meet the child’s needs if the action removes the child from their current
32 placement’s feeder pattern, and to require that an LEA provide a written explanation to
33 the special education teacher in an affected self-contained special education program
34 classroom, the parents of students in an affected self-contained special education
35 classroom, and school administrators, describing the additional resources and personnel
36 that will be allocated to a classroom when the student-to-staff ratio exceeds those ratios
37 set by regulation.
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39 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
40 act may be cited as the “Advancing Equity in Special Education Protocols Amendment Act of
41 2024”.
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42 Sec. 2. The Special Education Procedural Protections Expansion Act of 2014, effective
43 March 10, 2015 (D.C. Law 20-194; D.C. Official Code § 38-2571.01 et seq), is amended as
44 follows:
45 (a) Section 101 (D.C. Official Code § 38-2571.01), is amended by adding a new
46 paragraph (4A) to read as follows:
47 “(4A) “Self-contained special education classroom” means a full-time, outside of
48 general-education classroom that provides instruction for students in accordance with their
49 IEPs.”.
50 (b) Section 103 (D.C. Official Code § 38-2571.03) is amended as follows:
51 (1) The existing language is redesignated as subsection (b).
52 (2) A new subsection (a) is added to read as follows:
53 “(a) A child with a disability has the right to continue with their initial placement’s feeder
54 pattern as that term is defined in section 1102a(2A) of the School Based Budgeting and
55 Accountability Act of 1998, effective June 21, 2014 (D.C. Law 20-114; D.C. Official Code § 38-
56 2801.01(2A)), unless the new service location within the feeder pattern does not have special
57 education services available that would support the child’s IEP.”.
58 (3) Subsection (b)(1) is amended to read as follows:
59 “(b)(1) Before any change in service location for a child with a disability is made,
60 the LEA shall consult with the child’s IEP team as defined by 20 USC § 1414 (d)(1) and shall
61 provide the IEP team with written notice of the proposed change, which shall at minimum
62 include:”.
63 (4) Subsection (b)(1)(B) is amended to read as follows:
64 “(B) An explanation of the following:
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65 (i) Why the LEA proposes to take the action; and
66 (ii) Why the special education services in the current feeder
67 pattern cannot meet the student’s needs, if the action removes the child from their current
68 placement’s feeder pattern;”.
69 (c) New sections 105 and 106 are added to read as follows:
70 “Sec. 105. Self-contained classroom size.
71 “If the student to staff ratio in a self-contained special education classroom exceeds the
72 ratio set by the rules promulgated pursuant to section 106, an LEA shall provide a written
73 explanation to the special education teacher in an affected self-contained special education
74 classroom, the parents of the students in an affected self-contained special education classroom,
75 and school administrators, describing the additional resources or personnel that will be allocated
76 to a self-contained special education classroom to meet each student’s needs as defined by their
77 IEP, within 5 business days.”.
78 “Sec. 106. Rulemaking.
79 “The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure
80 Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall
81 promulgate rules to implement the provisions of this title no later than 120 days after the
82 effective date of this section.”.
83 Sec. 3. Fiscal impact statement.
84 The Council adopts the fiscal impact statement in the committee report as the fiscal
85 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
86 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
87 Sec. 4. Effective date.
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88 This act shall take effect following approval by the Mayor (or in the event of veto by the
89 Mayor, action by the Council to override the veto) and a 30-day period of congressional review
90 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
91 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
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