NCJ Number
105984
Journal
Corrections Today Volume: 49 Issue: 3 Dated: (June 1987) Pages: 70-73
Date Published
1987
Length
4 pages
Annotation
Under the Education for All Handicapped Children Act, handicapped inmates under 21 years old have a right to screening and identification, assessment, an individualized education plan, appropriate special education services in the least restrictive setting possible, and necessary related services. Due process must accompany the implementation of these rights.
Abstract
Screening involves identifying persons with disabilities that affect their learning capabilities. Those having such handicaps are entitled to an assessment that determines the nature and extent of their handicap and the educational services required to compensate for it. An individualized education plan specifies the services each person will receive, how they will be provided, the goals of each educational component, and the means used to accomplish goals and objectives. Provision of services in the least restrictive setting possible usually means the use of a regular classroom within the institution. The special education requirement mandates the use of specially trained teachers. Necessary related services encompass any means that can mitigate the disability and thus enhance learning. Due process requires that procedures be provided for persons to challenge the adequacy of decisions and programs bearing upon their education. Particular problems for correctional institutions in meeting these requirements are determining who is responsible for meeting the law's requirements, how to ensure institutional security within the law's parameters, and the changing institutional population.