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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