District Of Columbia 2025-2026 Regular Session

District Of Columbia Council Bill B26-0063 Compare Versions

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

Old	New	Differences
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
6	6	Statement of Introduction
7	7	Advancing Equity in Special Education Protocols Amendment Act of 2025
8	8	January 17, 2025
9	9	Today, I am proud to introduce the Advancing Equity in Special Education Protocols
10	10	Amendment Act of 2025, along with Councilmembers Robert C. White, Jr., Brooke Pinto,
11	11	Janeese Lewis George, Zachary Parker, Brianne K. Nadeau, and Matthew Frumin. This measure
12	12	was first introduced in Council Period 25 and received a hearing in November 2024.
13	13
14	14	Stability in school placement is critical for students with special education needs, providing them
15	15	with a consistent environment where they can build relationships, receive continuous support,
16	16	and achieve their academic goals. In the District, such stability means remaining in their initial
17	17	school placement feeder pattern. Disruptions in the school placement of a student with special
18	18	needs can lead to gaps in their education, increased anxiety, and declines in both academic
19	19	performance and social wellbeing.
20	20
21	21	Students with special needs are best served when educators are adequately supported to provide
22	22	the best classroom experience. Clear staff-to-student ratio standards that are adhered to equip
23	23	teachers to provide a safe, consistent learning environment that can meet the needs of each
24	24	student. Appropriate staff-to-student ratios in special education classrooms are critical for teacher
25	25	well-being and effectiveness, provide a learning environment that improves student engagement
26	26	and academic achievement, and reduce behavioral issues.
27	27
28	28	This legislation would give a student with special needs who has an individualized education
29	29	program (IEP) the right to remain in their initial school placement feeder pattern, unless the
30	30	programs available in their feeder pattern cannot support their needs. If a student with an IEP is
31	31	moved to a school outside of their feeder pattern, the student’s IEP team would be informed in
32	32	writing of the rationale for the move. Additionally, this bill would require the Executive to
33	33	promulgate rules that establish staff-to-student ratio standards for self-contained special
34	34	education classrooms. In the event that the number of students in a self-contained special
35	35	education classroom increases and the classroom does not conform with the staff-to-student ratio
36	36	standard, a local education agency would provide a written explanation within 5 days to teachers
37	37	in an affected self-contained special education classroom, parents of students in an impacted self-
38	38	contained special education classroom, and school administrators, describing the additional
39	39	resources and personnel that will be allocated to meet each student’s needs as defined by their
40	40	IEP.
41	41
42	42	By providing these supports and resources to students, parents, and dedicated special education
43	43	teachers, the District can enhance educational outcomes and improve the overall well-being of
44	44	students and teachers in self-contained classrooms.
45	45	Christina Henderson Committee Member
46	46	Councilmember, At-Large Hospital and Health Equity
47	47	Chairperson, Committee on Health Judiciary and Public Safety
48	48	Transportation and the Environment
49	49
50	50	Christina Henderson Committee Member
51	51	Councilmember, At-Large Facilities
52	52	Chairperson, Committee on Health Human Services
53	53	Transportation and the Environment
54	54	1
55	55	_____________________________ _____________________________ 1
56	56	Councilmember Robert C. White, Jr. Councilmember Christina Henderson 2
57	57	3
58	58	4
59	59	_____________________________ _____________________________ 5
60	60	Councilmember Janeese Lewis George Councilmember Brooke Pinto 6
61	61	7
62	62	8
63	63	_____________________________ _____________________________ 9
64	64	Councilmember Zachary Parker Councilmember Brianne K. Nadeau 10
65	65	11
66	66	12
67	67	_____________________________ 13
68	68	Councilmember Matt Frumin 14
69	69	15
70	70	16
71	71	17
72	72	A BILL 18
73	73	19
74	74	_______________ 20
75	75	21
76	76	22
77	77	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 23
78	78	24
79	79	_______________________ 25
80	80	26
81	81	To amend the Special Education Procedural Protections Expansion Act of 2014 to give a child 27
82	82	with a disability with an individualized education program the right to remain in their 28
83	83	initial placement feeder pattern unless there is no program available in their feeder 29
84	84	pattern, to require that an LEA consult with the IEP team of a child with a disability prior 30
85	85	to any change in the child’s service location, to require that an LEA provide a written 31
86	86	explanation to the parent of a child with a disability before any change in service location 32
87	87	for the child is made and explain why the special education services in the current feeder 33
88	88	pattern cannot meet the child’s needs if the action removes the child from their current 34
89	89	placement’s feeder pattern, and to require that an LEA provide a written explanation to 35
90	90	the special education teacher in an affected self-contained special education program 36
91	91	classroom, the parents of students in an affected self-contained special education 37
92	92	classroom, and school administrators, describing the additional resources and personnel 38
93	93	that will be allocated to a classroom when the student-to-staff ratio exceeds those ratios 39
94	94	set by regulation. 40
95	95	41
96	96	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 42
97	97	act may be cited as the “Advancing Equity in Special Education Protocols Amendment Act of 43
98	98	2025”. 44 2
99	99	Sec. 2. The Special Education Procedural Protections Expansion Act of 2014, effective 45
100	100	March 10, 2015 (D.C. Law 20-194; D.C. Official Code § 38-2571.01 et seq), is amended as 46
101	101	follows: 47
102	102	(a) Section 101 (D.C. Official Code § 38-2571.01), is amended by adding a new 48
103	103	paragraph (4A) to read as follows: 49
104	104	“(4A) “Self-contained special education classroom” means a full-time, outside of 50
105	105	general-education classroom that provides instruction for students in accordance with their 51
106	106	IEPs.”. 52
107	107	(b) Section 103 (D.C. Official Code § 38-2571.03) is amended as follows: 53
108	108	(1) The existing language is redesignated as subsection (b). 54
109	109	(2) A new subsection (a) is added to read as follows: 55
110	110	“(a) A child with a disability has the right to continue with their initial placement’s feeder 56
111	111	pattern as that term is defined in section 1102a(2A) of the School Based Budgeting and 57
112	112	Accountability Act of 1998, effective June 21, 2014 (D.C. Law 20-114; D.C. Official Code § 38-58
113	113	2801.01(2A)), unless the new service location within the feeder pattern does not have special 59
114	114	education services available that would support the child’s IEP.”. 60
115	115	(3) Subsection (b)(1) is amended to read as follows: 61
116	116	“(b)(1) Before any change in service location for a child with a disability is made, 62
117	117	the LEA shall consult with the child’s IEP team as defined by 20 USC § 1414 (d)(1) and shall 63
118	118	provide the IEP team with written notice of the proposed change, which shall at minimum 64
119	119	include:”. 65
120	120	(4) Subsection (b)(1)(B) is amended to read as follows: 66
121	121	“(B) An explanation of the following: 67 3
122	122	(i) Why the LEA proposes to take the action; and 68
123	123	(ii) Why the special education services in the current feeder 69
124	124	pattern cannot meet the student’s needs, if the action removes the child from their current 70
125	125	placement’s feeder pattern;”. 71
126	126	(c) New sections 105 and 106 are added to read as follows: 72
127	127	“Sec. 105. Self-contained classroom size. 73
128	128	“If the student to staff ratio in a self-contained special education classroom exceeds the 74
129	129	ratio set by the rules promulgated pursuant to section 106, an LEA shall provide a written 75
130	130	explanation to the special education teacher in an affected self-contained special education 76
131	131	classroom, the parents of the students in an affected self-contained special education classroom, 77
132	132	and school administrators, describing the additional resources or personnel that will be allocated 78
133	133	to a self-contained special education classroom to meet each student’s needs as defined by their 79
134	134	IEP, within 5 business days.”. 80
135	135	“Sec. 106. Rulemaking. 81
136	136	“The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure 82
137	137	Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall 83
138	138	promulgate rules to implement the provisions of this title no later than 120 days after the 84
139	139	effective date of this section.”. 85
140	140	Sec. 3. Fiscal impact statement. 86
141	141	The Council adopts the fiscal impact statement in the committee report as the fiscal 87
142	142	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 88
143	143	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 89
144	144	Sec. 4. Effective date. 90 4
145	145	This act shall take effect following approval by the Mayor (or in the event of veto by the 91
146	146	Mayor, action by the Council to override the veto) and a 30-day period of congressional review 92
147	147	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 93
148	148	24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)). 94