COUNCIL OF THE DISTRICT OF COLUMBIA
OFFICE OF COUNCILMEMBER BROOKE PINTO
THE JOHN A. WILSON BUILDING
1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
WASHINGTON, D.C. 20004
September 18, 2023
Nyasha Smith, Secretary
Council of the District of Columbia
1350 Pennsylvania Avenue, NW
Washington, DC 20004
Dear Secretary Smith,
Today, I, along with Councilmembers Robert White, Charles Allen, Vincent Gray, Matt Frumin,
Janeese Lewis George, Anita Bonds, and Trayon White, am introducing the “Leading Education
Access for Reentry and Necessary Success (“LEARNS”) Amendment Act of 2023.” This
legislation would make several critical changes to operations at the Department of Corrections
(“DOC”) to enhance both the provision of special education services for residents and the agency
grievance processes. Please find enclosed a signed copy of the legislation.
For school years 2021-2022 and 2022-2023, special education services at the DOC were provided
by Maya Angelou Public Charter Schools pursuant to an emergency charter authorization that was
set to expire on August 4, 2023. Prior to school year 2021-2022, DCPS provided special education
services for students at the DC Jail who were eligible for special education services under the
Individuals with Disabilities Education Act (“IDEA”) and District law but relinquished that role
at the end of that school year.
In preparation for school year 2022-2023, the Executive worked to identify the best-fit agency to
administer education services to residents in DOC custody. The Executive ultimately determined
that DOC was that agency; however, rather than hiring teachers and other staff to directly provide
those services, DOC was directed to enter into a contract with a private educational institution for
those services. The Council passed emergency legislation on June 30, 2023, approving that
approach. With the necessary authority to do so, over the summer, DOC entered into a contract
with Maya Angelou Public Charter Schools to provide special education services at the DC Jail
for the upcoming school year.
Although responsibility to provide special education services at the DC Jail formally shifted to
DOC under the emergency legislation, that legislation will expire in early summer 2024. The
Council must move permanent legislation to effectuate those changes. The Council is also in a
position now to consider how the District can best provide education services to eligible students—
in terms of determining the agency with responsibility to provide these services, delineating the
contracting process, and, more broadly, considering when and how DOC residents may access
special education services. This legislation aims to address each of those issues. 2
First, the legislation would mandate that DOC evaluate students for special education services who
were not evaluated prior to entering into DOC custody. Currently, the District is mandated under
federal law to evaluate students enrolled at a public school, including public charters, for special
education services when those students are referred by a parent or guardian, teacher, or school staff
member; there is no such requirement, however, for students in the custody of DOC. Because of
this, although a student who enters DOC custody having been previously determined eligible for
special education services will continue to receive those services while residing at the DC Jail,
there is no route for student-age residents who were not assessed prior to their incarceration to be
evaluated and, if determined eligible, access appropriate education services. This policy means
that, during their incarceration, some students will be effectively denied access to appropriate
special education services because they have no avenue to seek evaluation—an evaluation they
would be legally entitled to if they were attending a DCPS or public charter school. Given the
critically important role education, including attaining a high school diploma or equivalency, can
play in a resident’s successful reentry, it is essential that we do all we can to provide residents at
the DC Jail with the opportunity to be evaluated and receive special education services if found
eligible. This bill would ensure that all students, regardless of whether they were evaluated prior
to their incarceration, are eligible to be evaluated for special education services.
Second, the legislation would more specifically delineate the responsibilities and qualifications of
entities seeking the contract to deliver special education services to students at the DC Jail. These
requirements are tailored to ensure that the selected contractor is appropriately qualified to provide
eligible students with a free appropriate education, including providing evidence of their
experience providing these services and managing such a program in the District, and competency
in serving not only the education needs of incarcerated students, but their social and emotional
needs, as well. This language will provide needed guidance to DOC and the Office of Contracting
and Procurement as they bid out this contract for school year 2024-2025 and for future school
years, ensuring the selected contractor is a best fit for students in DOC custody.
Finally, the legislation endeavors to address concerns raised to the Committee by residents at the
DC Jail, their family members, and advocates, by requiring that the Department of Corrections
enhance its current grievance processes by establishing and maintaining a publicly accessible and
searchable online tracking system for resident service requests and complaints. This system would
allow residents in DOC custody to:
• Track service requests and complaints submitted to the Department.
• Access information, including contact information, for DOC leadership, the Corrections
Information Council, and the Council Committee with oversight of DOC; and
• Access a list of the resident’s rights of each individual residing in the correctional facility.
The legislation would also prescribe how requests are to be tracked in the system, including
tracking information on the nature of the request, date of submission, and request status. Through
this tracking system, residents, their families, and members of the public be able to individually
track the status and resolution of service requests submitted by residents, their family, and their
legal representatives. Critically, this new system will provide comprehensive data on the range of
grievances, complaints, and service issues raised by residents, and the details, including time
length, for each grievance’s resolution. 3
Should you have any questions about this legislation, please contact my Committee Director,
Michael Porcello, at mporcello@dccouncil.gov.
Thank you,
Brooke Pinto ___________________________ ______________________________ 1
Councilmember Robert C. White, Jr. Councilmember Brooke Pinto 2
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Councilmember Anita Bonds Councilmember Trayon White, Sr. 6
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______________________________ ______________________________ 9
Councilmember Vincent C. Gray Councilmember Charles Allen 10
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______________________________ ______________________________ 13
Councilmember Janeese Lewis George Councilmember Matthew Frumin 14
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A BILL 17
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 21
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To amend An Act To create a Department of Corrections in the District of Columbia to designate 26
the Department of Corrections (“DOC”) as the District agency to provide a free 27
appropriate public education under the Individuals with Disabilities Education Act and 28
District law to certain individuals in DOC custody and detained in its secure facilities, to 29
expand eligibility for special education assessments for individuals in DOC custody, and to 30
require that the Department of Corrections establish an online portal and tracking system for 31
grievances and short-term and long-term service requests. 32
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 34
act may be cited as the “Leading Education Access for Reentry and Necessary Success 35
(“LEARNS”) Amendment Act of 2023”. 36
Sec 2. (a) An Act To create a Department of Corrections in the District of Columbia, 37
approved June 27, 1946 (60 Stat. 320; D.C. Official Code § 24-211 et seq.) is amended as follows: 38
(1) Section 2(b) (D.C. Official Code § 24-211.02(b)) is amended as follows: 39 2
(A) Paragraph (10) is amended by striking the phrase “crime survivors.” and 40
inserting the phrase “crime survivors;” in its place. 41
(B) Paragraph (11) is amended by striking the phrase “Treatment Facility.” 42
and inserting the phrase “Treatment Facility; and” in its place. 43
(C) A new paragraph (12) is added to read as follows: 44
“(13) During each school year: 45
“(A) Provide a free appropriate public education (“FAPE”) under the 46
Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 47
1400 et seq.) (“IDEA”) and District law, to individuals with disabilities who are in its custody and 48
detained in its secure facilities from the age of 18 through the end of the individual’s eligibility for 49
special education and related services under the IDEA and District law; and 50
“(B) Following a request for evaluation by the individual, the local 51
education agency, or the Office of the State Superintend for Education, evaluate individuals in its 52
custody, detained in its secure facilities, who are age 18 through the end of the individual’s 53
eligibility for special education and related services under the IDEA and District law, and who were 54
not previously assessed for special education services, to determine if the individual is a child with a 55
disability.”. 56
(b) New sections 9, 10 and 11 are added to read as follows: 57
“Sec. 9. Education services. 58
“(a) The Department of Corrections (“Department”), as public agency responsible for 59
ensuring a free appropriate public education (“FAPE”) , shall be obligated to make a FAPE 60
available to all students with a disability from age 18 through the end of the individual’s 61
eligibility for special education and related services under the Individuals with Disabilities 62 3
Education Act approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.) and District law 63
who are in the custody of the Department, including students who, in the last educational 64
placement prior to their incarceration in an adult correctional facility, were not identified as 65
being a child with a disability in accordance with Chapter 30 of Subtitle A of Title 5 of the 66
District of Columbia Municipal Regulations (5 DCMR § A3001, et seq.) or who did not have an 67
Individualized Education Program (“IEP”) in accordance with that chapter. 68
“(b) The Department, in consultation with the Office of the State Superintendent of 69
Education and the Office for Students in the Care of D.C. within the Office of the Deputy Mayor 70
for Education, shall contract for delivery of education serves necessary to provide FAPE to 71
students eligible under this section. The contracted education provider shall, at a minimum: 72
“(1) Have experience and expertise in providing education in the District of 73
Columbia; 74
“(2) Manage and run a high school diploma program within the Department of 75
Corrections that offers credit-bearing courses and post-secondary planning and preparation; 76
“(3) Provide in-person instruction to every eligible student, including those in 77
segregated or restricted housing and on medical units; 78
“(4) Understand the unique social, emotional, and learning needs of incarcerated 79
students; and 80
“(5) Be able to comply with child find obligations and be able to implement every 81
student’s IEP. 82
“Sec. 10. Grievances. 83
(a). Beginning January 1, 2024, the Department of Corrections (“Department”) shall 84
establish and maintain an online portal on the agency website that is accessible to and searchable by 85 4
individuals in the Department’s custody and the public, and through which individuals in the 86
Department’s custody and the public may: 87
(1) Access information, including contact information, for the Director, Deputy 88
Director, Education for Programs and Case Management, Deputy Director for Operations, and other 89
agency leadership responsible for receipt, tracking, and resolution of grievances, as well as the 90
Corrections Information Council and Council Committee with oversight of the Department; 91
(2) Access a list of the rights of each individual residing in the correctional facility; 92
and 93
(3) Access the tracking system described in subsection (b) and information on how 94
residents may submit a service request or complaint and track the service request or complaint in the 95
tracking system. 96
“(b)(1) By July 1, 2024, the Department shall establish a tracking system for grievances, 97
short-term and long-term service requests, and complaints submitted by an individual in Department 98
custody, their legal representative, or designee, through which the individual or families may track 99
the status of requests, including viewing real-time updates posted by the agency to the tracking 100
system.” 101
“(2)(A) The Department of Corrections shall assign each request or complaint 102
submitted to the tracking system a unique ticket number.” 103
“(B) Each ticket shall be searchable through the tracking system described in 104
paragraph (1) by ticket number, date of submission, status, and the nature of the service request or 105
complaint; 106
“(C) The tracking system shall provide for each submission : 107
“(i) The nature of the service request or complaint; 108 5
“(ii) The date of submission; 109
“(iii) The current status of the service request or complaint 110
“(iv) Whether or not the complaint or request is open or closed; and 111
“(v) Information on how the individual or their family member may 112
contact the Department of Corrections to receive additional information on the status or resolution 113
of the service request or complaint. 114
“(D) The Department may prescribe the format in which submissions to the 115
tracking system are to be made, provided that the Department shall at least accept submissions made 116
by residents in writing and via oral communication. 117
“(c) Within 30 days after the launch of the tracking system pursuant to subsection (b)(1), the 118
Department shall input into the tracking system all service requests and complaints received by the 119
Department in the preceding six months that are open.”. 120
“Sec. 11. Definitions. 121
For the purposes of this part, the term: 122
“(1) “Free appropriate public education” or “FAPE” shall have the same meaning 123
as at D.C. Official Code § 38-2561.01(3). 124
“(2) “Individualized education program” or “IEP” means a written plan that 125
specifies the special education programs and services to be provided to meet the unique 126
educational needs of a child with a disability, as required under section 614(d) of IDEA (20 127
U.S.C. § 1414(d)). 128
“(3) “Local education agency” means an institution at the local level with 129
responsibility to operate a publicly funded school and provide educational services in the District 130 6
of Columbia and has the responsibilities to provide FAPE under the IDEA, as defined at D.C. 131
Official Code § 38-2561.01(4).”. 132
Sec. 3. Chapter 30 of Subtitle A of Title 5 of the District of Columbia Municipal 133
Regulations (5 DCMR § A3001, et seq.) is amended as follows: 134
(1) Section 3001.16 (5-A DCMR § 3001.16) is repealed. 135
(2) Section 3001.17 (5-A DCMR § 3001.17) is repealed 136
Sec. 4. Fiscal impact statement. 137
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 138
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 139
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a) 140
Sec. 5. Effective date. 141
This act shall take effect following approval by the Mayor (or in the event of veto by the 142
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 143
provided in section 602( c )( 1) of the District of Columbia Home Rule Act, approved December 144
24, 1973 (87 Stat. 813; D.C. Official Code§ 1-206.02(c)(l)), and publication in the District of 145
Columbia Register. 146