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
of 2023", 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 of2023", and the "Special
Education for Young Adults in the Custody
of the Department of Corrections Amendment of 2023".
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 F APE 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
of MAPCS' 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, 2
3
4
5
6
7
8
9
A BILL
#~~
,
Chairman Phil Mendelson
at the request
of the Mayor
10 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
11
12
13
14
15 To amend, on a temporary basis, An Act To create a Department of Corrections in the District of
16 Columbia to designate the Department of Corrections as the District agency to provide a
17 free appropriate public
education under the Individuals with Disabilities Education Act
18 and District law to 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 Temporary 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 ("F APE") 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
3 7 who are in its custody and detained in its secure facilities from the age
of 18 through the end of
38 the individual's e ligibility for FAPE under the IDEA and District law.".
39 Sec.
3. Amendatory section 2 of section l0(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 ("FAPE") 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§ 1-206.02(c)(3).
58 Sec. 5. Effective date.
59 (a) This act shall take effect following approval by the Mayor (or in the event
of veto by
60 the Mayor, action by the Council to override the veto), a 30-day period of Congressional review
61 as provided in section 602( c )( 1) of the District of Columbia Home Rule Act, approved
62 December 24, 1973 (87 Stat. 813; D.C. Official
Code§ 1-206.02(c)(l)), and publication in the
63 District of Columbia Register.
64 (b) This act shall expire after 225 days
of its having taken effect.
3 GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of the Attorney General
***
--
Legal Counsel Division
MEMORANDUM
TO:
FROM:
DATE:
RE:
Tommy Wells
Director
Office of Policy and Legislative Affairs
Megan D. Browder
Deputy Attorney General
Legal Counsel Division
May 26, 2023
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.
11l eriWr!Je
Megan D. Browder
1350 Pennsylvania Avenu e, N.W., Suite 409, W ashington, D .C. 20004 Phone (202) 724-5524 Email: megan.browder@dc.gov Glen Lee
Chief Financial Officer
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REFERENCE:
Conclusion
Government of the District of Columbia
Office
of the Chief Financial Officer
* * *
The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
Glen Lee ...
I} /) /)
Chief Financial Office~
June 1, 2023
µ£__
Fiscal Impact Statement -Special Education for Young Adults in the
Custody of the Department of Corrections Amendment Act of2023 (and
accompanying emergency and temporary versions)
Draft Introduction as provided to the Office of Revenue Analysis on
May
26, 2023
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.
1 Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.).
2 By 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 Avenue,
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.
Page 2 of 2 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
of 2023", 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 of 2023".
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 PAPE 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
of MAPCS' 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,