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B 26-0734

Special Education for Young Adults in the Custody of the Department of Corrections Emergency Amendment Act of 2026

26th Council Period (2025-2026) Introduced by Brooke Pinto

The DOC must provide FAPE under IDEA to eligible young adults with disabilities in its custody during the 2025-2026 and 2026-2027 school years.

Retained by the Council
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Bill Summary · B 26-0734

Summary of Bill B 26-0734 (Emergency Amendment Act of 2026)

Purpose and intent

  • This emergency bill aims to ensure that young adults with disabilities who are in the custody of the District of Columbia Department of Corrections (DOC) receive a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA) and District law.
  • Specifically, it designates the DOC as the District agency responsible for providing FAPE to eligible individuals in its custody or detention in secure facilities, for the school years 2025-2026 and 2026-2027.
  • The act is intended to take effect quickly (as an emergency measure) and would expire after 90 days, unless extended or otherwise acted upon, consistent with emergency-act procedures.

Key provisions and changes

  1. Designation of DOC as educational provider

    • The bill adds a new authority under the existing statute that the DOC shall provide FAPE under IDEA to individuals with disabilities who are in its custody and detained in secure facilities.
    • Eligibility window for this provision: from age 18 through the end of the individual’s eligibility for FAPE under IDEA and District law, during the school years 2025-2026 and 2026-2027.

  2. Statutory amendments to reflect new obligation

    • Sec. 2: Amends the long-standing provision in the An Act To create a Department of Corrections in the District of Columbia to add a new paragraph (12) clarifying the DOC’s obligation to provide FAPE to eligible individuals as described above.
    • Sec. 3: Amends the Corrections Oversight Improvement Omnibus Amendment Act of 2022 (as it pertains to education-related duties) to add a new paragraph (14) establishing the DOC’s duty to provide FAPE to eligible individuals in secure custody for the 2025-2026 and 2026-2027 school years.

  3. Scope of education and rights

    • The education obligation covers both IDEA requirements and District law requirements for FAPE.
    • The provision applies to individuals who are aged 18 through the end of their IDEA/District FAPE eligibility while in DOC custody in secure facilities.

  4. Fiscal and procedure framework

    • The act defers to the Budget Director’s fiscal impact statement as the official fiscal impact statement (as required by the Council’s General Legislative Procedures Act).
    • It is an emergency act, taking effect after mayoral approval (or Council override of a mayoral veto) and lasting no longer than 90 days, in line with emergency legislation rules under the DC Home Rule Act.

Who is affected

  • Primary beneficiaries: young adults (starting at age 18) with disabilities who are in DOC custody or detained in secure DOC facilities in the District of Columbia.
  • Other affected parties: DOC personnel and facilities (as the designated provider of FAPE under IDEA and District law), and potentially school districts and local educational agencies that otherwise would have provided or coordinated services.
  • Implications for families and advocates: clearer access to FAPE services for eligible students in custody and the need to coordinate IDEA services within the DOC setting during the specified school years.

Timelines and procedural aspects

  • Effective date: to occur after mayoral approval (or Council action to override a veto), consistent with emergency act procedures.
  • Duration: the emergency provision is limited to school years 2025-2026 and 2026-2027 and expires after 90 days if not extended.
  • Status: as of the latest action history, the bill was introduced and retained by the Council (July 2026).

Practical implications

  • The DOC would bear primary responsibility for delivering FAPE to eligible in-custody individuals, potentially requiring alignment of IDEA-related services, individualized education programs (IEPs), evaluations, related services, and appropriate accommodations within the DOC setting.
  • Schooling logistics, resource allocation, and interagency collaboration with the District’s education systems would likely need to be organized rapidly for the 2025-2026 and 2026-2027 years.
  • The emergency nature indicates a desire for prompt implementation, subject to the usual mayoral approval process and a short-term duration unless later extended.

Compiled from official sources — confirm details with the bill’s official record.

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