District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0847 Compare Versions

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1	1	COUNCIL OF THE DISTRICT OF COLUMBIA
2	2	The John A. Wilson Building
3	3	1350 Pennsylvania Avenue, nw
4	4	Washington, D.C. 20004
5	5	Statement of Introduction
6	6	Advancing Equity in Special Education Pro
7	7	tocols Amendment Act of 2024
8	8	June 10, 2024
9	9	Today, I am proud to
10	10	introduce the Advancing Equity in Special Education Protocols Amendment Act
11	11	of 202
12	12	4, along with Councilmembers Robert C. White, Jr., Brooke Pinto, Janeese Lewis George, and
13	13	Zachary Parker. This legislatio
14	14	n would give a student with special needs who has an individualized
15	15	ed
16	16	ucation program (IEP) the right to remain in their initial p lacement feeder pattern, unless the
17	17	programs available in their feeder pattern cannot support their need
18	18	s. In the event that a student with
19	19	an
20	20	IEP is moved to a school outside of their feeder pattern, the student’s IEP team would be informed
21	21	in writing of the ratio
22	22	nale for the mov e. Additionally, this bill would require the Execu tive to
23	23	promulgate rules that establish staff-to-student ratio standard
24	24	s for self-contained special education
25	25	classrooms. In the ev
26	26	ent that the number of students in a self-contained special education classroom
27	27	increases and the classro
28	28	om does not conform with the staff-to-student ratio standard, a local education
29	29	ag
30	30	ency (LEA) would provide a written explanation within 5 days to teachers in an affected self-
31	31	co
32	32	ntained special education classroom, p arents of stud ents in an impacted self-contained special
33	33	ed
34	34	ucation classroom, and school administrators describing the additional resources and personnel th at
35	35	will be allocated to meet each
36	36	student’s needs as defined by their IEP.
37	37	Ensuring that a student with special education need
38	38	s remains in their initial feeder pattern is crucial for
39	39	their ed
40	40	ucational an d social development. Stab ility in school placement is critical for students with
41	41	special needs, providing them with a consistent environment where they can build relationship
42	42	s,
43	43	receive contin
44	44	uous support, and achieve their academic goals. Students with special needs benefit
45	45	significantly from stable ed
46	46	ucational environments and d isruptions in school placements can lead to
47	47	gaps in their educatio
48	48	n, increased anxiety, and declines in both academic performance and social well-
49	49	being.
50	50	Furthermore, establishing clear staff-to-student ratio standards an
51	51	d abiding by these standards is critical
52	52	for teacher well-being and effectiveness. It also ensures a learning enviro
53	53	nment that can meet the needs
54	54	of each student. Maintaining appropriate staff-to-student ratios in special education
55	55	classrooms
56	56	improves student engagement, academic ach
57	57	ievement, and reduces behavioral issues. When staff-t o-
58	58	student ratio
59	59	s are exceeded, the LEA should provide an explanation to teachers, administrators, and
60	60	parents to
61	61	ensure that adequate resources and supports are in place to meet each student’s needs.
62	62	I look forward to working with my colleagues on the Council to pass this legislatio
63	63	n, which will
64	64	support dedicated special ed
65	65	ucation teachers, improve educational outcomes, and expand the overall
66	66	well-being o
67	67	f students in self-c ontained classrooms.
68	68	Christina Henderson Committee Member
69	69	Councilmember, At-Large Hospital and Health Equity
70	70	Chairperson, Committee on Health Judiciary and Public Safety
71	71	Transportation and the Environment
72	72	Christina Henderson Committee Member
73	73	Councilmember, At-Large Hospital and Health Equity
74	74	Chairperson, Committee on Health Judiciary and Public Safety
75	75	Transportation and the Environment
76	76	1
77	77	_____________________________ _____________________________ 1
78	78	Councilmember Robert C. White, Jr. Councilmember Christina Henderson 2
79	79	3
80	80	4
81	81	_____________________________ _____________________________ 5
82	82	Councilmember Janeese Lewis George Councilmember Brooke Pinto 6
83	83	7
84	84	8
85	85	_____________________________ 9
86	86	Councilmember Zachary Parker 10
87	87	11
88	88	12
89	89	13
90	90	14
91	91	A BILL 15
92	92	16
93	93	_______________ 17
94	94	18
95	95	19
96	96	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 20
97	97	21
98	98	_______________________ 22
99	99	23
100	100	To amend the Special Education Procedural Protections Expansion Act of 2014 to give a child 24
101	101	with a disability with an individualized education program the right to remain in their 25
102	102	initial placement feeder pattern unless there is no program available in their feeder 26
103	103	pattern, to require that an LEA consult with the IEP team of a child with a disability prior 27
104	104	to any change in the child’s service location, to require that an LEA provide a written 28
105	105	explanation to the parent of a child with a disability before any change in service location 29
106	106	for the child is made and explain why the special education services in the current feeder 30
107	107	pattern cannot meet the child’s needs if the action removes the child from their current 31
108	108	placement’s feeder pattern, and to require that an LEA provide a written explanation to 32
109	109	the special education teacher in an affected self-contained special education program 33
110	110	classroom, the parents of students in an affected self-contained special education 34
111	111	classroom, and school administrators, describing the additional resources and personnel 35
112	112	that will be allocated to a classroom when the student-to-staff ratio exceeds those ratios 36
113	113	set by regulation. 37
114	114	38
115	115	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 39
116	116	act may be cited as the “Advancing Equity in Special Education Protocols Amendment Act of 40
117	117	2024”. 41 2
118	118	Sec. 2. The Special Education Procedural Protections Expansion Act of 2014, effective 42
119	119	March 10, 2015 (D.C. Law 20-194; D.C. Official Code § 38-2571.01 et seq), is amended as 43
120	120	follows: 44
121	121	(a)Section 101 (D.C. Official Code § 38-2571.01), is amended by adding a new45
122	122	paragraph (4A) to read as follows: 46
123	123	“(4A) “Self-contained special education classroom” means a full-time, outside of 47
124	124	general-education classroom that provides instruction for students in accordance with their 48
125	125	IEPs.”. 49
126	126	(b)Section 103 (D.C. Official Code § 38-2571.03) is amended as follows:50
127	127	(1) The existing language is redesignated as subsection (b).51
128	128	(2)A new subsection (a) is added to read as follows:52
129	129	“(a) A child with a disability has the right to continue with their initial placement’s feeder 53
130	130	pattern as that term is defined in section 1102a(2A) of the School Based Budgeting and 54
131	131	Accountability Act of 1998, effective June 21, 2014 (D.C. Law 20-114; D.C. Official Code § 38-55
132	132	2801.01(2A)), unless the new service location within the feeder pattern does not have special 56
133	133	education services available that would support the child’s IEP.”. 57
134	134	(3) Subsection (b)(1) is amended to read as follows:58
135	135	“(b)(1) Before any change in service location for a child with a disability is made, 59
136	136	the LEA shall consult with the child’s IEP team as defined by 20 USC § 1414 (d)(1) and shall 60
137	137	provide the IEP team with written notice of the proposed change, which shall at minimum 61
138	138	include:”. 62
139	139	(4)Subsection (b)(1)(B) is amended to read as follows:63
140	140	“(B) An explanation of the following: 64 3
141	141	(i) Why the LEA proposes to take the action; and65
142	142	(ii) Why the special education services in the current feeder66
143	143	pattern cannot meet the student’s needs, if the action removes the child from their current 67
144	144	placement’s feeder pattern;”. 68
145	145	(c)New sections 105 and 106 are added to read as follows:69
146	146	“Sec. 105. Self -contained classroom size. 70
147	147	“If the student to staff ratio in a self -contained special education classroom
148	148	exceeds the 71
149	149	ratio set by the rules promulgated pursuant to section 106, an LEA shall provide a written 72
150	150	explanation to the special education teacher in an affected self-contained special education 73
151	151	classroom, the parents of the students in an affected self -contained special education classroom, 74
152	152	and school administrators, describing the additional resources or personnel that will be allocated 75
153	153	to a self-contained special education classroom to meet each student’s needs as defined by their 76
154	154	IEP, within 5 business days.”. 77
155	155	“Sec. 106. Rulemaking. 78
156	156	“The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 79
157	157	Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall 80
158	158	promulgate rules to implement the provisions of this title no later than 120 days after the 81
159	159	effective date of this section.”. 82
160	160	Sec. 3. Fiscal impact statement. 83
161	161	The Council adopts the fiscal impact statement in the committee report as the fiscal 84
162	162	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 85
163	163	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 86
164	164	Sec. 4. Effective date. 87 4
165	165	This act shall take effect following approval by the Mayor (or in the event of veto by the 88
166	166	Mayor, action by the Council to override the veto) and a 30-day period of congressional review 89
167	167	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 90
168	168	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 91