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PR 26-0764

Special Education for Young Adults in the Custody of the Department of Corrections Emergency Declaration Resolution of 2026

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

Designates the District of Columbia Department of Corrections as the responsible agency to provide FAPE under IDEA to eligible individuals with disabilities in DOC custody, ensurin

Retained by the Council
0
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Bill Summary · PR 26-0764

Purpose and intent

  • Establishes an emergency resolution to designate the Department of Corrections (DOC) as the District agency responsible for providing a free appropriate public education (FAPE) under the Individuals with Disabilities Education Act (IDEA) and District law to eligible individuals in DOC custody and detained in its secure facilities.
  • Addresses the ongoing need to ensure continuity of special education services for young adults who are in the custody of the DOC, particularly those who are 18 years or older and have a disability.

Key provisions and changes

  • Designation of DOC as the responsible District agency for FAPE (IDEA and District law) for eligible individuals in DOC custody.
  • Eligibility: applies to individuals aged 18 through the end of their eligibility for FAPE under IDEA and District law who are incarcerated in an adult facility and who were previously identified as students with disabilities or had an individualized education program (IEP).
  • Historical context and current arrangements:
    • For school years 2021-2022 and 2022-2023, special education services for eligible DOC-inmates were provided by Maya Angelou Public Charter Schools under a temporary charter authorization.
    • A temporary arrangement existed in school year 2023-2024 with an understanding that DOC would continue to contract with Maya Angelou Public Charter Schools.
    • The LEARNS Amendment Act of 2026 includes a permanent version of this arrangement, enacted July 2, 2026, but it has not yet undergone congressional review.
  • Emergency extension: Continuation of DOC’s designation to provide FAPE for school years 2025-2026 and 2026-2027 to ensure ongoing services and to maintain the current contract with Maya Angelou Public Charter Schools for the 2025-2026 year.
  • Rationale: The emergency designation is deemed necessary to prevent disruption in required special education and related services under IDEA for eligible individuals in DOC custody.
  • Effective mechanics:
    • The resolution declares an emergency and allows adoption after a single reading.
    • Effective immediately upon enactment.

Who would be affected

  • Eligible individuals (18 years old through the end of FAPE eligibility) who are in the custody of the District of Columbia Department of Corrections and who have disabilities or prior identification under IDEA/District law.
  • Maya Angelou Public Charter Schools, currently providing (or contracted to provide) special education services to DOC-inmates.
  • The DOC as the designated District agency responsible for delivering FAPE in its secure facilities.

Procedural and timeline aspects

  • Emergency declaration: The resolution is framed as an emergency measure to bridge the gap until permanent legislation (LEARNS Act) is fully implemented and reviewed.
  • Temporary vs. permanent framework:
    • Temporary arrangements previously used through 2022-2023, with ongoing needs through 2025-2027 addressed by this emergency extension.
    • LEARNS Amendment Act of 2026 contains a permanent framework but requires congressional review; this emergency resolution acts to cover immediate school years 2025-2026 and 2026-2027.
  • Enactment and effectiveness:
    • The resolution is designed to take effect immediately and to withstand single-reading adoption due to emergency nature.

Potential impact and considerations

  • Ensures uninterrupted delivery of FAPE and related services to eligible young adults in DOC custody, aligning with IDEA requirements.
  • Clarifies governance and administrative responsibility by naming DOC as the District agency for special education in its facilities.
  • Maintains contract continuity with Maya Angelou Public Charter Schools for specialized service delivery.
  • Addresses a transitional period while permanent LEARNS provisions are reviewed and implemented.

Note: The bill is narrowly scoped to emergency designation and continuity of services for a specific student population within the District's correctional system.

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

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