Juvenile Delinquency and Special Education Laws: Policy Implementation Issues and Directions for Future Research

• NCJ Number: 223517
• Journal: Journal of Correctional Education Volume: 59 Issue: 2 Dated: June 2008 Pages: 173-190
• Author(s): Richard J. Morris; Kristin C. Thompson
• Date Published: June 2008
• Length: 18 pages
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article discusses the legal challenges and difficulties that face juvenile correctional education programs in providing special-education services for incarcerated juveniles with disabilities, with attention to the legislation and case law that protect the right to special-education services for eligible juveniles.

Abstract

Research shows that there is an overrepresentation of juvenile offenders with disabilities residing in short-term and long-term correctional facilities. Although State and Federal courts have ruled that Federal legislation--such as the Individuals with Disabilities Education Act (IDEA), its reauthorization as the Individuals with Disabilities Education Improvement Act (IDEIA), and the Americans with Disabilities Act (ADA)--applies directly to incarcerated juveniles, various court cases have shown that some short-term and long-term juvenile correctional facilities have been slow to comply with these Federal laws. This is due to a number of factors. First, many juvenile correctional facilities lack sufficient personnel to provide appropriate psychological and psychoeducational education services. Second, such facilities may lack certified special-education teachers and/or providers of related occupational and speech therapy. Third, juvenile correctional facilities often face obstacles and challenges that public schools do not have in implementing special-education services. Little, if any, empirical research has evaluated the success of assessments to identify the educational needs of juveniles in correctional settings, the provision of transition services, building more communication structures with public schools that facilitate the transfer of school records, and the provision of specialized training for corrections educators and support staff. Research is needed to compare the relative effectiveness of educating students with disabilities in correctional settings compared with educating such students in public schools. 55 references