COUNCIL OF THE DISTRICT OF COLUMBIA
The John A. Wilson Building
1350 Pennsylvania Avenue, nw
Washington, D.C. 20004
Christina Henderson Committee Member
Councilmember, At-Large Hospitals and Health Equity
Chairperson, Committee on Health Judiciary and Public Safety
Transportation and the Environment
Statement of Introduction for the
Out of School Time Special Education Inclusion and Standards Amendment Act of 2023
January 13, 2023
Today, I am introducing the Out of School Time Special Education Inclusion and Standards
Amendment Act of 2023, along with Councilmembers Robert C. White, Jr., Janeese Lewis George,
Charles Allen, Vincent C. Gray, Brianne K. Nadeau, Brooke Pinto, and Matthew Frumin.
This bill would require the Office of Out of School Time Grants and Youth Outcomes (“Office”)
to coordinate with the Office of the State Superintendent of Education (“OSSE”) to develop
standards to train or recruit Out of School Time (“OST”) providers for students with individualized
education programs (“IEPs”).
The Individuals with Disabilities Education Act requires public schools to provide a free and
appropriate education and related services to students with disabilities. OSSE data reveals that 1 out
of 5 students in the District had a disability in 2019. This statistic includes students with specific
learning disabilities, a speech or language impairment, a traumatic brain injury, or a visual
impairment. Many disabled students have IEPs that ensure their educational needs are met.
However, students with disabilities do not receive universal access to OST programs, which are
more accessible to their peers. OST programming enriches children’s’ lives, opening doors to
learning in new ways and exploring the world around them.
Many urban jurisdictions, including the District, have worked to ensure more inclusive access to out-
of-school programming for students with disabilities. The Department of Parks and Recreation
created the Therapeutic Recreation Center in Ward 7, where children and adults with disabilities can
participate in programming including swimming, crafting, and putt-putt golf. However, the District
can and should build on these offerings throughout the city by partnering with amazing OST
providers who want to serve students with disabilities. There are currently real impediments to
broader access, including the need to proactively address logistical difficulties, training existing and
new OST staff to provide care to students with disabilities, recruiting staff who are qualified to
provide programming and medical care to students, and setting a pay standard that permits OST
providers to recruit and retain capable staff. This bill would require OSSE and the Office to work
together to develop these standards so that our amazing OST program providers can serve a group
of students that have been underserved for so long.
Disability is a natural part of life, and expanding opportunities for children with disabilities to learn
and play outside of school is essential to foster strong communities, ensure students’ full
participation in public life, and make the District a leader in accessible OST programming access. I
look forward to working with my colleagues to advance this legislation during this Council Period.
 1 ___________________________ ___________________________
2 Councilmember Robert C. White, Jr. Councilmember Christina Henderson
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6 Councilmember Janeese Lewis George Councilmember Charles Allen
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9 ___________________________ ___________________________
10 Councilmember Vincent C. Gray Councilmember Matthew Frumin
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13 ___________________________
14 Councilmember Brooke Pinto Councilmember Brianne K. Nadeau
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17 A BILL
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19 _______________
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22 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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24 _______________________
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26 To amend the Office of Out of School Time Grants and Youth Outcomes Establishment Act of
27 2016 to require the Office of Out of School Time Grants and Youth Outcomes, in
28 coordination with the Office of the State Superintendent of Education, to develop
29 standards to train or recruit Out of School Time providers for students with
30 Individualized Education Programs.
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32 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
33 act may be cited as the “Out of School Time Special Education Inclusion and Standards
34 Amendment Act of 2023”.
35 Sec. 2. The Office of Out of School Time Grants and Youth Outcomes Establishment Act
36 of 2016, effective April 7, 2017 (D.C. Law 21-261; D.C. Official Code § 2-1555.01 et seq.), is
37 amended as follows:
38 (a) Section 2(a) (D.C. Official Code § 2-1555.01(a)) is amended by adding a new
39 paragraph (2A) to read as follows:
40 “(2A) “Individualized Education Program” or “IEP” shall have the same meaning
41 as provided in section 1414(d)(1)(A)(i) of the Individuals with Disabilities Education Act,
42 approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § (614)(d)(1)(A)(i)).”.
43 (b) Section 4(a) (D.C. Official Code § 2-1555.03(a)) is amended as follows:
44 (1) Paragraph (9) is amended by striking the phrase “; and” and inserting a
45 semicolon in its place.
46 (2) Paragraph (10) is amended by striking the period and inserting the phrase “;
47 and” in its place.
48 (3) A new paragraph (11) is added to read as follows:
49 “(11) Implement the duties outlined in section 4a.”.
50 (c) A new section 4a is added to read as follows:
51 “Sec. 4a. Special education inclusion and standards.
52 “(a)(1) By March 31, 2024, in consultation with the Office of the State Superintendent of
53 Education (“OSSE”), the Office shall develop standards to train or recruit out-of-school-time
54 program providers to accommodate students with IEPs.
55 “(2) The Office shall submit the standards developed pursuant to subsection (a) of
56 this section to the Council committee with oversight of OSSE and the Office by March 31, 2024.
57 “(3) In addition to the standards developed pursuant to subsection (a) of this
58 section, the Office shall undertake a study to determine financial standards that will enable the
59 Office and out-of-school-time program providers to attract and retain providers qualified to
60 provide Out of School Time programming to students with IEPs; and
61 “(b) Beginning January 1, 2025, OST shall provide out-of-school-time programming to
62 students with IEPs in accordance with the standards developed pursuant to subsection (a) of this
63 section.”.
64 Sec. 3. Fiscal impact statement.
65 The Council adopts the fiscal impact statement in the committee report statement
66 required by section 602(c)(3) of the District of Columbia Home Rule Act, approved 1 December
67 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
68 Sec. 4. Effective date.
69 This act shall take effect following approval by the Mayor (or in the event of veto by the
70 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
71 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
72 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1), and publication in the District of
73 Columbia Register.