NCJ Number
113066
Date Published
1987
Length
15 pages
Annotation
Definition of the right of all citizens to a free and appropriate public education comes from an interpretation of the Constitution and existing legislation and litigation detailing the patterns of service to be provided and allocating funds for implementation.
Abstract
The Education for All Handicapped Children Act of 1975 (PL 94-142) contains several provisions relating to the provisions of services to handicapped juvenile offenders. Under these provisions, the State education agency is responsible for ensuring that special education needs are met and for overseeing the development of written interagency cooperative agreements that assure appropriate education for students in agencies other than public schools. PL 94-142 also requires development of an individualized education program, the provision of procedural safeguards for parents' and students' rights, and the establishment of procedures for child identification and prioritizing services. A number of court decisions have elucidated the meaning of some of these provisions with regard to the definition of free and appropriate public education and related services, development of individualized education programs, parental participation, protection in evaluation procedures, confidentiality, and education in the least restrictive environment. A document by Gerry (1982), 'Illustration of Possible Compliance Issues, Monitoring Questions, Significance Measures, and Information Sources for Initial Screening of Correctional Education Programs,' provides a useful guide for institutional self-evaluation of compliance with PL 94-142. Litigation undertaken by the Youth Law Center is described. 44 references.