The LEARNS Act (“Leading Education Access for Reentry and Necessary Success”)

Under the federal Individuals with Disabilities Education Act (IDEA), students with disabilities have a right to receive special education and related services until they are 21-years-old. Local DC implementing regulations have extended the age of eligibility through the end of the school year in which the student turns 22-years-old. Unfortunately, federal law carves out an exception to this requirement, which DC has adopted: The obligation to make a free appropriate public education available to all students with disabilities does not apply to incarcerated students over 18-years-old who have not previously been identified as a student with a disability prior to their incarceration in an adult correctional facility.

  • DC Council has proposed legislation (the “LEARNS Act”), which would correct this issue and require that DC identify and evaluate incarcerated students suspected of having a disability, who have not been evaluated prior to entering the DC Jail. Currently, if a student is detained at the DC Jail and does not already have an Individualized Education Program (IEP), they are foreclosed from enrolling in the special education school at the DC Jail. Their only educational option is to obtain a GED, which is practically impossible for students with significant learning needs. This results in these students effectively being denied access to education. SJP continues to advocate for the passage of the LEARNS Act through our systemic coalition efforts with the Thrive Under 25 coalition and with the DC Council.

Because of the unique interplay between the DOC and the high school at the DC Jail, in this circumstance and for accountability purposes, it is best for DOC to play the role of the state public agency responsible for providing FAPE.

  • The LEARNS Act was introduced on September 18, 2023. Learn more about the introduced bill and related items.

  • Please see the 1-pager.