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