District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0461 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	COUNCIL OF THE DISTRICT OF COLUMBIA
3	3	OFFICE OF COUNCILMEMBER BROOKE PINTO
4	4	THE JOHN A. WILSON BUILDING
5	5	1350 PENNSYLVANIA AVENUE, N.W., SUITE 106
6	6	WASHINGTON, D.C. 20004
7	7
8	8	September 18, 2023
9	9
10	10	Nyasha Smith, Secretary
11	11	Council of the District of Columbia
12	12	1350 Pennsylvania Avenue, NW
13	13	Washington, DC 20004
14	14
15	15	Dear Secretary Smith,
16	16
17	17	Today, I, along with Councilmembers Robert White, Charles Allen, Vincent Gray, Matt Frumin,
18	18	Janeese Lewis George, Anita Bonds, and Trayon White, am introducing the “Leading Education
19	19	Access for Reentry and Necessary Success (“LEARNS”) Amendment Act of 2023.” This
20	20	legislation would make several critical changes to operations at the Department of Corrections
21	21	(“DOC”) to enhance both the provision of special education services for residents and the agency
22	22	grievance processes. Please find enclosed a signed copy of the legislation.
23	23
24	24	For school years 2021-2022 and 2022-2023, special education services at the DOC were provided
25	25	by Maya Angelou Public Charter Schools pursuant to an emergency charter authorization that was
26	26	set to expire on August 4, 2023. Prior to school year 2021-2022, DCPS provided special education
27	27	services for students at the DC Jail who were eligible for special education services under the
28	28	Individuals with Disabilities Education Act (“IDEA”) and District law but relinquished that role
29	29	at the end of that school year.
30	30	In preparation for school year 2022-2023, the Executive worked to identify the best-fit agency to
31	31	administer education services to residents in DOC custody. The Executive ultimately determined
32	32	that DOC was that agency; however, rather than hiring teachers and other staff to directly provide
33	33	those services, DOC was directed to enter into a contract with a private educational institution for
34	34	those services. The Council passed emergency legislation on June 30, 2023, approving that
35	35	approach. With the necessary authority to do so, over the summer, DOC entered into a contract
36	36	with Maya Angelou Public Charter Schools to provide special education services at the DC Jail
37	37	for the upcoming school year.
38	38	Although responsibility to provide special education services at the DC Jail formally shifted to
39	39	DOC under the emergency legislation, that legislation will expire in early summer 2024. The
40	40	Council must move permanent legislation to effectuate those changes. The Council is also in a
41	41	position now to consider how the District can best provide education services to eligible students—
42	42	in terms of determining the agency with responsibility to provide these services, delineating the
43	43	contracting process, and, more broadly, considering when and how DOC residents may access
44	44	special education services. This legislation aims to address each of those issues. 2
45	45
46	46	First, the legislation would mandate that DOC evaluate students for special education services who
47	47	were not evaluated prior to entering into DOC custody. Currently, the District is mandated under
48	48	federal law to evaluate students enrolled at a public school, including public charters, for special
49	49	education services when those students are referred by a parent or guardian, teacher, or school staff
50	50	member; there is no such requirement, however, for students in the custody of DOC. Because of
51	51	this, although a student who enters DOC custody having been previously determined eligible for
52	52	special education services will continue to receive those services while residing at the DC Jail,
53	53	there is no route for student-age residents who were not assessed prior to their incarceration to be
54	54	evaluated and, if determined eligible, access appropriate education services. This policy means
55	55	that, during their incarceration, some students will be effectively denied access to appropriate
56	56	special education services because they have no avenue to seek evaluation—an evaluation they
57	57	would be legally entitled to if they were attending a DCPS or public charter school. Given the
58	58	critically important role education, including attaining a high school diploma or equivalency, can
59	59	play in a resident’s successful reentry, it is essential that we do all we can to provide residents at
60	60	the DC Jail with the opportunity to be evaluated and receive special education services if found
61	61	eligible. This bill would ensure that all students, regardless of whether they were evaluated prior
62	62	to their incarceration, are eligible to be evaluated for special education services.
63	63
64	64	Second, the legislation would more specifically delineate the responsibilities and qualifications of
65	65	entities seeking the contract to deliver special education services to students at the DC Jail. These
66	66	requirements are tailored to ensure that the selected contractor is appropriately qualified to provide
67	67	eligible students with a free appropriate education, including providing evidence of their
68	68	experience providing these services and managing such a program in the District, and competency
69	69	in serving not only the education needs of incarcerated students, but their social and emotional
70	70	needs, as well. This language will provide needed guidance to DOC and the Office of Contracting
71	71	and Procurement as they bid out this contract for school year 2024-2025 and for future school
72	72	years, ensuring the selected contractor is a best fit for students in DOC custody.
73	73
74	74	Finally, the legislation endeavors to address concerns raised to the Committee by residents at the
75	75	DC Jail, their family members, and advocates, by requiring that the Department of Corrections
76	76	enhance its current grievance processes by establishing and maintaining a publicly accessible and
77	77	searchable online tracking system for resident service requests and complaints. This system would
78	78	allow residents in DOC custody to:
79	79	• Track service requests and complaints submitted to the Department.
80	80	• Access information, including contact information, for DOC leadership, the Corrections
81	81	Information Council, and the Council Committee with oversight of DOC; and
82	82	• Access a list of the resident’s rights of each individual residing in the correctional facility.
83	83	The legislation would also prescribe how requests are to be tracked in the system, including
84	84	tracking information on the nature of the request, date of submission, and request status. Through
85	85	this tracking system, residents, their families, and members of the public be able to individually
86	86	track the status and resolution of service requests submitted by residents, their family, and their
87	87	legal representatives. Critically, this new system will provide comprehensive data on the range of
88	88	grievances, complaints, and service issues raised by residents, and the details, including time
89	89	length, for each grievance’s resolution. 3
90	90
91	91	Should you have any questions about this legislation, please contact my Committee Director,
92	92	Michael Porcello, at mporcello@dccouncil.gov.
93	93
94	94	Thank you,
95	95
96	96
97	97	Brooke Pinto ___________________________ ______________________________ 1
98	98	Councilmember Robert C. White, Jr. Councilmember Brooke Pinto 2
99	99	3
100	100	4
101	101	___________________________ ______________________________ 5
102	102	Councilmember Anita Bonds Councilmember Trayon White, Sr. 6
103	103	7
104	104	8
105	105	______________________________ ______________________________ 9
106	106	Councilmember Vincent C. Gray Councilmember Charles Allen 10
107	107	11
108	108	12
109	109	______________________________ ______________________________ 13
110	110	Councilmember Janeese Lewis George Councilmember Matthew Frumin 14
111	111	15
112	112	16
113	113	A BILL 17
114	114	18
115	115	________ 19
116	116	20
117	117	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 21
118	118	22
119	119	________________ 23
120	120	24
121	121	25
122	122	To amend An Act To create a Department of Corrections in the District of Columbia to designate 26
123	123	the Department of Corrections (“DOC”) as the District agency to provide a free 27
124	124	appropriate public education under the Individuals with Disabilities Education Act and 28
125	125	District law to certain individuals in DOC custody and detained in its secure facilities, to 29
126	126	expand eligibility for special education assessments for individuals in DOC custody, and to 30
127	127	require that the Department of Corrections establish an online portal and tracking system for 31
128	128	grievances and short-term and long-term service requests. 32
129	129	33
130	130	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 34
131	131	act may be cited as the “Leading Education Access for Reentry and Necessary Success 35
132	132	(“LEARNS”) Amendment Act of 2023”. 36
133	133	Sec 2. (a) An Act To create a Department of Corrections in the District of Columbia, 37
134	134	approved June 27, 1946 (60 Stat. 320; D.C. Official Code § 24-211 et seq.) is amended as follows: 38
135	135	(1) Section 2(b) (D.C. Official Code § 24-211.02(b)) is amended as follows: 39 2
136	136	(A) Paragraph (10) is amended by striking the phrase “crime survivors.” and 40
137	137	inserting the phrase “crime survivors;” in its place. 41
138	138	(B) Paragraph (11) is amended by striking the phrase “Treatment Facility.” 42
139	139	and inserting the phrase “Treatment Facility; and” in its place. 43
140	140	(C) A new paragraph (12) is added to read as follows: 44
141	141	“(13) During each school year: 45
142	142	“(A) Provide a free appropriate public education (“FAPE”) under the 46
143	143	Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 47
144	144	1400 et seq.) (“IDEA”) and District law, to individuals with disabilities who are in its custody and 48
145	145	detained in its secure facilities from the age of 18 through the end of the individual’s eligibility for 49
146	146	special education and related services under the IDEA and District law; and 50
147	147	“(B) Following a request for evaluation by the individual, the local 51
148	148	education agency, or the Office of the State Superintend for Education, evaluate individuals in its 52
149	149	custody, detained in its secure facilities, who are age 18 through the end of the individual’s 53
150	150	eligibility for special education and related services under the IDEA and District law, and who were 54
151	151	not previously assessed for special education services, to determine if the individual is a child with a 55
152	152	disability.”. 56
153	153	(b) New sections 9, 10 and 11 are added to read as follows: 57
154	154	“Sec. 9. Education services. 58
155	155	“(a) The Department of Corrections (“Department”), as public agency responsible for 59
156	156	ensuring a free appropriate public education (“FAPE”) , shall be obligated to make a FAPE 60
157	157	available to all students with a disability from age 18 through the end of the individual’s 61
158	158	eligibility for special education and related services under the Individuals with Disabilities 62 3
159	159	Education Act approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1400 et seq.) and District law 63
160	160	who are in the custody of the Department, including students who, in the last educational 64
161	161	placement prior to their incarceration in an adult correctional facility, were not identified as 65
162	162	being a child with a disability in accordance with Chapter 30 of Subtitle A of Title 5 of the 66
163	163	District of Columbia Municipal Regulations (5 DCMR § A3001, et seq.) or who did not have an 67
164	164	Individualized Education Program (“IEP”) in accordance with that chapter. 68
165	165	“(b) The Department, in consultation with the Office of the State Superintendent of 69
166	166	Education and the Office for Students in the Care of D.C. within the Office of the Deputy Mayor 70
167	167	for Education, shall contract for delivery of education serves necessary to provide FAPE to 71
168	168	students eligible under this section. The contracted education provider shall, at a minimum: 72
169	169	“(1) Have experience and expertise in providing education in the District of 73
170	170	Columbia; 74
171	171	“(2) Manage and run a high school diploma program within the Department of 75
172	172	Corrections that offers credit-bearing courses and post-secondary planning and preparation; 76
173	173	“(3) Provide in-person instruction to every eligible student, including those in 77
174	174	segregated or restricted housing and on medical units; 78
175	175	“(4) Understand the unique social, emotional, and learning needs of incarcerated 79
176	176	students; and 80
177	177	“(5) Be able to comply with child find obligations and be able to implement every 81
178	178	student’s IEP. 82
179	179	“Sec. 10. Grievances. 83
180	180	(a). Beginning January 1, 2024, the Department of Corrections (“Department”) shall 84
181	181	establish and maintain an online portal on the agency website that is accessible to and searchable by 85 4
182	182	individuals in the Department’s custody and the public, and through which individuals in the 86
183	183	Department’s custody and the public may: 87
184	184	(1) Access information, including contact information, for the Director, Deputy 88
185	185	Director, Education for Programs and Case Management, Deputy Director for Operations, and other 89
186	186	agency leadership responsible for receipt, tracking, and resolution of grievances, as well as the 90
187	187	Corrections Information Council and Council Committee with oversight of the Department; 91
188	188	(2) Access a list of the rights of each individual residing in the correctional facility; 92
189	189	and 93
190	190	(3) Access the tracking system described in subsection (b) and information on how 94
191	191	residents may submit a service request or complaint and track the service request or complaint in the 95
192	192	tracking system. 96
193	193	“(b)(1) By July 1, 2024, the Department shall establish a tracking system for grievances, 97
194	194	short-term and long-term service requests, and complaints submitted by an individual in Department 98
195	195	custody, their legal representative, or designee, through which the individual or families may track 99
196	196	the status of requests, including viewing real-time updates posted by the agency to the tracking 100
197	197	system.” 101
198	198	“(2)(A) The Department of Corrections shall assign each request or complaint 102
199	199	submitted to the tracking system a unique ticket number.” 103
200	200	“(B) Each ticket shall be searchable through the tracking system described in 104
201	201	paragraph (1) by ticket number, date of submission, status, and the nature of the service request or 105
202	202	complaint; 106
203	203	“(C) The tracking system shall provide for each submission : 107
204	204	“(i) The nature of the service request or complaint; 108 5
205	205	“(ii) The date of submission; 109
206	206	“(iii) The current status of the service request or complaint 110
207	207	“(iv) Whether or not the complaint or request is open or closed; and 111
208	208	“(v) Information on how the individual or their family member may 112
209	209	contact the Department of Corrections to receive additional information on the status or resolution 113
210	210	of the service request or complaint. 114
211	211	“(D) The Department may prescribe the format in which submissions to the 115
212	212	tracking system are to be made, provided that the Department shall at least accept submissions made 116
213	213	by residents in writing and via oral communication. 117
214	214	“(c) Within 30 days after the launch of the tracking system pursuant to subsection (b)(1), the 118
215	215	Department shall input into the tracking system all service requests and complaints received by the 119
216	216	Department in the preceding six months that are open.”. 120
217	217	“Sec. 11. Definitions. 121
218	218	For the purposes of this part, the term: 122
219	219	“(1) “Free appropriate public education” or “FAPE” shall have the same meaning 123
220	220	as at D.C. Official Code § 38-2561.01(3). 124
221	221	“(2) “Individualized education program” or “IEP” means a written plan that 125
222	222	specifies the special education programs and services to be provided to meet the unique 126
223	223	educational needs of a child with a disability, as required under section 614(d) of IDEA (20 127
224	224	U.S.C. § 1414(d)). 128
225	225	“(3) “Local education agency” means an institution at the local level with 129
226	226	responsibility to operate a publicly funded school and provide educational services in the District 130 6
227	227	of Columbia and has the responsibilities to provide FAPE under the IDEA, as defined at D.C. 131
228	228	Official Code § 38-2561.01(4).”. 132
229	229	Sec. 3. Chapter 30 of Subtitle A of Title 5 of the District of Columbia Municipal 133
230	230	Regulations (5 DCMR § A3001, et seq.) is amended as follows: 134
231	231	(1) Section 3001.16 (5-A DCMR § 3001.16) is repealed. 135
232	232	(2) Section 3001.17 (5-A DCMR § 3001.17) is repealed 136
233	233	Sec. 4. Fiscal impact statement. 137
234	234	The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 138
235	235	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 139
236	236	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a) 140
237	237	Sec. 5. Effective date. 141
238	238	This act shall take effect following approval by the Mayor (or in the event of veto by the 142
239	239	Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 143
240	240	provided in section 602( c )( 1) of the District of Columbia Home Rule Act, approved December 144
241	241	24, 1973 (87 Stat. 813; D.C. Official Code§ 1-206.02(c)(l)), and publication in the District of 145
242	242	Columbia Register. 146