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 Protocols Amendment Act of 2025
January 17, 2025
Today, I am proud to introduce the Advancing Equity in Special Education Protocols
Amendment Act of 2025, along with Councilmembers Robert C. White, Jr., Brooke Pinto,
Janeese Lewis George, Zachary Parker, Brianne K. Nadeau, and Matthew Frumin. This measure
was first introduced in Council Period 25 and received a hearing in November 2024.
Stability in school placement is critical for students with special education needs, providing them
with a consistent environment where they can build relationships, receive continuous support,
and achieve their academic goals. In the District, such stability means remaining in their initial
school placement feeder pattern. Disruptions in the school placement of a student with special
needs can lead to gaps in their education, increased anxiety, and declines in both academic
performance and social wellbeing.
Students with special needs are best served when educators are adequately supported to provide
the best classroom experience. Clear staff-to-student ratio standards that are adhered to equip
teachers to provide a safe, consistent learning environment that can meet the needs of each
student. Appropriate staff-to-student ratios in special education classrooms are critical for teacher
well-being and effectiveness, provide a learning environment that improves student engagement
and academic achievement, and reduce behavioral issues.
This legislation would give a student with special needs who has an individualized education
program (IEP) the right to remain in their initial school placement feeder pattern, unless the
programs available in their feeder pattern cannot support their needs. If 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 rationale for the move. Additionally, this bill would require the Executive to
promulgate rules that establish staff-to-student ratio standards for self-contained special
education classrooms. In the event that the number of students in a self-contained special
education classroom increases and the classroom does not conform with the staff-to-student ratio
standard, a local education agency would provide a written explanation within 5 days to teachers
in an affected self-contained special education classroom, parents of students in an impacted self-
contained special education classroom, and school administrators, describing the additional
resources and personnel that will be allocated to meet each student’s needs as defined by their
IEP.
By providing these supports and resources to students, parents, and dedicated special education
teachers, the District can enhance educational outcomes and improve the overall well-being of
students and teachers in self-contained 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 Facilities
Chairperson, Committee on Health Human Services
Transportation and the Environment
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Councilmember Robert C. White, Jr. Councilmember Christina Henderson 2
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Councilmember Janeese Lewis George Councilmember Brooke Pinto 6
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Councilmember Zachary Parker Councilmember Brianne K. Nadeau 10
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Councilmember Matt Frumin 14
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A BILL 18
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 23
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To amend the Special Education Procedural Protections Expansion Act of 2014 to give a child 27
with a disability with an individualized education program the right to remain in their 28
initial placement feeder pattern unless there is no program available in their feeder 29
pattern, to require that an LEA consult with the IEP team of a child with a disability prior 30
to any change in the child’s service location, to require that an LEA provide a written 31
explanation to the parent of a child with a disability before any change in service location 32
for the child is made and explain why the special education services in the current feeder 33
pattern cannot meet the child’s needs if the action removes the child from their current 34
placement’s feeder pattern, and to require that an LEA provide a written explanation to 35
the special education teacher in an affected self-contained special education program 36
classroom, the parents of students in an affected self-contained special education 37
classroom, and school administrators, describing the additional resources and personnel 38
that will be allocated to a classroom when the student-to-staff ratio exceeds those ratios 39
set by regulation. 40
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 42
act may be cited as the “Advancing Equity in Special Education Protocols Amendment Act of 43
2025”. 44 2
Sec. 2. The Special Education Procedural Protections Expansion Act of 2014, effective 45
March 10, 2015 (D.C. Law 20-194; D.C. Official Code § 38-2571.01 et seq), is amended as 46
follows: 47
(a) Section 101 (D.C. Official Code § 38-2571.01), is amended by adding a new 48
paragraph (4A) to read as follows: 49
“(4A) “Self-contained special education classroom” means a full-time, outside of 50
general-education classroom that provides instruction for students in accordance with their 51
IEPs.”. 52
(b) Section 103 (D.C. Official Code § 38-2571.03) is amended as follows: 53
(1) The existing language is redesignated as subsection (b). 54
(2) A new subsection (a) is added to read as follows: 55
“(a) A child with a disability has the right to continue with their initial placement’s feeder 56
pattern as that term is defined in section 1102a(2A) of the School Based Budgeting and 57
Accountability Act of 1998, effective June 21, 2014 (D.C. Law 20-114; D.C. Official Code § 38-58
2801.01(2A)), unless the new service location within the feeder pattern does not have special 59
education services available that would support the child’s IEP.”. 60
(3) Subsection (b)(1) is amended to read as follows: 61
“(b)(1) Before any change in service location for a child with a disability is made, 62
the LEA shall consult with the child’s IEP team as defined by 20 USC § 1414 (d)(1) and shall 63
provide the IEP team with written notice of the proposed change, which shall at minimum 64
include:”. 65
(4) Subsection (b)(1)(B) is amended to read as follows: 66
“(B) An explanation of the following: 67 3
(i) Why the LEA proposes to take the action; and 68
(ii) Why the special education services in the current feeder 69
pattern cannot meet the student’s needs, if the action removes the child from their current 70
placement’s feeder pattern;”. 71
(c) New sections 105 and 106 are added to read as follows: 72
“Sec. 105. Self-contained classroom size. 73
“If the student to staff ratio in a self-contained special education classroom exceeds the 74
ratio set by the rules promulgated pursuant to section 106, an LEA shall provide a written 75
explanation to the special education teacher in an affected self-contained special education 76
classroom, the parents of the students in an affected self-contained special education classroom, 77
and school administrators, describing the additional resources or personnel that will be allocated 78
to a self-contained special education classroom to meet each student’s needs as defined by their 79
IEP, within 5 business days.”. 80
“Sec. 106. Rulemaking. 81
“The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 82
Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall 83
promulgate rules to implement the provisions of this title no later than 120 days after the 84
effective date of this section.”. 85
Sec. 3. Fiscal impact statement. 86
The Council adopts the fiscal impact statement in the committee report as the fiscal 87
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 88
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 89
Sec. 4. Effective date. 90 4
This act shall take effect following approval by the Mayor (or in the event of veto by the 91
Mayor, action by the Council to override the veto) and a 30-day period of congressional review 92
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 93
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 94