NCJ Number
110344
Journal
Remedial and Special Education Volume: 7 Issue: 3 Dated: (May-June 1986) Pages: 34-40
Date Published
1986
Length
7 pages
Annotation
This article discusses some of the legal problems that may arise in providing special education to handicapped juveniles in correctional institutions.
Abstract
Handicapped juveniles under the age of 22 who are in correctional institutions are guaranteed special education services under the Education for the Handicapped Act (P.L. 94-142), Section 5 of the Rehabilitation Act, the 14th amendment to the U.S. Constitution, and State laws. However, many handicapped juveniles in correctional institutions are receiving no special education services. The analysis examines the entitling laws to identify the types of handicapping conditions that are covered, the age range of the children covered, and the kinds of public facilities obligated to deliver the educational services. It finds that the corrections setting might make delivery of special education difficult: some problems are logistical, some result because corrections personnel are not familiar with special education requirements, and some result because case law is not yet clear and is therefore unable to provide guidance. For example, many correctional programs fail to identify, screen, and evaluate handicapped youth as required by Federal law. Additionally, they fail to develop and implement an individual educational plan for each handicapped juvenile inmate, and they fail to provide procedural safeguards. Still other legal problems arise when corrections personnel exclude or suspend handicapped juveniles from special education courses for disciplinary reasons. Therefore, educators, correction administrators, and lawyers must work together to assure that handicapped juveniles are given the educational services to which they are entitled. 4 footnotes.