Children Caught in America’s Prison System

Wednesday, July 16, 2014

Two Specific Categories Under IDEA Legislation Most Present in the Juvenile Justice System

        There is a plethora of research suggesting juvenile delinquency leads to adult crime. Unfortunately, there is another critical issue that directly impacts the high incarceration rate of adolescents in the United States. According to the Office of Juvenile Justice and Delinquency Prevention (OJJDP) there is a growing rate of juvenile offenders that are being detained unjustly, because this population have disabilities that make them eligible for Special Education Services under the Individuals with Disabilities Education Act of 2004 (IDEA). OJJDP published the following information in an article entitled, Special Education and the Juvenile Justice System. It states: 

Disabilities that are frequently encountered among delinquents include emotional disturbance, specific learning disability, mental retardation, other health impairment, and speech or language impairment. The two most common disabilities found in the juvenile justice system are specific learning disability and emotional disturbances. (Burrell & Warboys, 2000)

High risk youth act out at school for many different reasons, but oftentimes the real issue is attributed to the student having poor social skills, emotional disturbances, and learning disabilities, or sometimes even a combination of these factors. It is very common that this specific student population is not able to access the proper services under IDEA in their schools, and in turn end up facing consequences through police contact and court involvement. Educational administrators and school districts are forced to contact the authorities and get them involved because there is limited access to behavioral health services and community outreach programs that support mental health issues.

In 2005, the Louisiana Department of Education was scrutinized after a complaint and investigation was held to identify if students with specific behavioral issues in the Jefferson Parish, Louisiana Junior High School were being treated unjustly under strict federal legislation outlined in the Individuals with Disabilities Education Act of 2004. After a yearlong investigation the allegations were verified, and action was taken to resolve the issues. 

The following information is an excerpt from an article entitled, Stopping the Schoolhouse to Jailhouse Pipeline by Enforcing Federal Special Education Law, published by a Louisiana law firm who advocates for juvenile offenders. It provides insight on what services were provided to students involved in this monumental case. Direct action was taken by:

 Significantly increasing the frequency and duration of social work, psychological and counseling services provided to emotionally disturbed students; implementing district-wide use of positive behavioral interventions and supports; improving their academic progress at all grade levels; eliminating many harsh and illegal disciplinary practices and policies; significantly increasing their access to less restrictive general education environments; and significantly expanding their access to vocational training.(Comstock-Galagan & Brownstein, 2014)

The efforts put forth by the agencies who participated in addressing the true issues of these special needs students serves as proof that public awareness plays a key role in making strides toward a brighter future for students who do not deserve to be incarcerated.

Acknowledgements:
Burrell, S., & Warboys , L. U.S. Department of Justice, Office of Justice Programs. (2000). Special education and the juvenile justice system. Retrieved from website: https://www.ncjrs.gov/pdffiles1/ojjdp/179359.pdf
Comstock-Galagan, J., & Brownstein, R. (2014). Stopping the schoolhouse to jailhouse pipeline by enforcing federal special education law. Southern Disability Law Center | Southern Poverty Law Center, Retrieved from http://legacysplc.wwwsplcenter.org/legal/schoolhouse.jspU.S. Department of Justice

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