Breaking the "School to Prison Pipeline"

Students with disabilities are much more likely to enter the juvenile justice system, especially if they are students of color. A national study states, "The estimated prevalence of children and adolescents with disabilities in juvenile correction facilities ranges from 30% to 70%."

Many are not getting the services they need, including those that are education–related. This raises a critical question: Does the need for an individualized educational program (IEP) and the supports and services tied to it end when a student enters the justice system?

Improving outcomes for incarcerated youth involves reducing the number of youth who are at risk for entering the justice system. DREDF has been working with the National Council on Disability (NCD) and other disability civil rights organizations to consider how to ensure that students with disabilities get appropriate support before they end up in the "School to Prison Pipeline."

In October, many of us came together at a NCD convening in Atlanta to outline the scope of the problem and consider what changes in policy might improve outcomes for this vulnerable population. DREDF is playing a key role in creating a guidance document so that NCD can make recommendations to Congress. But once students have entered the justice system, there are still important ways to improve outcomes.

Two recent guidance documents focus on these issues. In a December 5, 2014 “Dear Colleague” letter sent to state and local officials responsible for educating youth in correctional facilities, the US Department of Education's (DOE) Office of Special Education Programs (OSEP) and Office of Special Education and Rehabilitative Services (OSERS) noted that just because a student has been charged with or convicted of a crime does not mean that his or her substantive rights, or the procedural safeguards and remedies provided under the federal Individuals with Disabilities Education Act (IDEA) to students with disabilities and their parents have ended.

The letter indicates that students with disabilities who are detained should have an IEP complete with the educational, social, and behavioral supports they need, just as they would at a public school. Further, rules pertaining to the identifying of children in need of special education, their rights to placement in the least restrictive environment, and the due process rights of both students and their parents extend to those in juvenile justice facilities. They also noted that parental involvement remains key, and that after age 18, a student holds his or her own education rights and needs to be educated and informed about them.

On December 8, 2014, the US Department of Justice (DOJ) and the US DOE clarified this by releasing the Correctional Education Guidance Package to help states and local agencies strengthen the quality of education services provided to America's estimated 60,000 young people in confinement every day. This guidance states that the rights afforded through IDEA and other laws are essential components of rehabilitation and reintegrating youth who have been court–involved.

Leaving education out of the equation sets up youth for failure in the future. The statistics are clear: The US spends $88,000 per year to confine a juvenile, with about 55 percent of youth being rearrested within 12 months of their release. However, inmates of all ages are half as likely to be reincarcerated if they participate in some sort of higher education program.

"This guidance recognizes that children in juvenile justice facilities are often the very same children who need our educational support the most," US Attorney General Eric Holder said. "Under the Individuals with Disabilities Education Act, every one of these children — including those involved with the justice system — is entitled to a free appropriate education."

Secretary Duncan added:

"Students in juvenile justice facilities need a world–class education and rigorous coursework to help them successfully transition out of facilities and back into the classroom or the workforce becoming productive members of society. Young people should not fall off track for life just because they come into contact with the justice system."

IDEA presumes that every child has a parent to advocate for them. When that is not the case, it is critical that those appointed to that role know how to effectively participate in the process. DREDF and other Parent and Training Information Centers (PTIs) know that addressing the needs of students with disabilities early on and effectively is critical to educational and life success.

However, as this new guidance points out, it is never too late to change the outcomes for some of our most vulnerable youth by ensuring that they have access to the supports and services they need to overcome challenges and succeed and contribute to our society. See our links to find the PTI in your area.