NCJ Number
102401
Date Published
1984
Length
27 pages
Annotation
This paper explains the 1975 Federal Education for All Handicapped Children Act (P.L. 94-142), courts' interpretation of its application to juvenile correctional education, and its procedural safeguards.
Abstract
P.L. 94-142 establishes the right of school-age children to a free public education tailored to their educational needs, regardless of any handicapping conditions. The State education agency (SEA) ensures that institutions for school-aged youth administered by other State agencies provide education programs that comply with P.L. 94-142. Various Federal courts have ruled that the SEA must work with correctional agencies to ensure that institutionalized delinquents receive the individualized educational programs mandated in P.L. 94-142. Court decisions also indicate that services related to the effective implementation of the education services must be provided, e.g., counseling, medical services, and transportation. An individualized education program must be developed for each student with special needs, in consultation with parents. A related procedural safeguard is due process procedures that protect parents and students in evaluation and placement decisions. Other safeguarding requirements are unbiased evaluation and placement procedures, placement in the least restrictive environment, and the confidentiality of all evaluation and placement documents. 28 references.