Many youths in juvenile correctional facilities who are eligible for special education services do not receive them. Youths who do receive services often do not receive them in a timely manner, and the quality of services is often substandard when compared to public school programs. The research reported here was collected as part of the “discovery” phase of a lawsuit brought against a state system of juvenile services. The case study focused on procedural and substantive aspects of special education services for students with disabilities. In addition to describing specific practices, the research examined the “infrastructure” supporting appropriate educational services in juvenile corrections. Findings suggest that some students with disabilities received education, but few received related services. There were lengthy delays in obtaining students' records from prior school programs, and no system of referral existed for students suspected of having disabilities. Students enrolled in special education programs, as well as those with potential mental health problems and mental retardation, received a disproportionate number of disciplinary actions and spent a disproportionate amount of time in confinement. Implications are discussed.
Get full access to this article
View all access options for this article.
References
1.
Buser, C. E. (1985). The relationship between educational handicaps and disciplinary infractions in an adult male prison setting. Unpublished master's thesis, University of Maryland, College Park.
2.
Buser, C. E., Leone, P. E., & Bannon, M. E. (1987). Prison segregation units and the educational rights of handicapped inmates: Problems and some potential solutions. Issues in Correctional Training and Casework, 3, 1–3.
3.
Carbone, V. (1983). The effectiveness of short duration time-outs in a juvenile detention facility. Journal of Juvenile and Family Court Judges, 34, 252–258.
4.
Casey, P., & Keilitz, I. (1990). Estimating the prevalence of learning disabled and mentally retarded juvenile offenders: A meta-analysis. In P. E. Leone (Ed.), Understanding troubled and troubling youth (pp. 80–101). Newbury Park, CA: Sage.
5.
Cocozza, J. J. (Ed.). (1992). Responding to the mental health needs of youth in the juvenile justice system.Seattle: National Coalition for the Mentally Ill in the Criminal Justice System.
6.
Coffey, O. D., Procopiow, N., & Miller, N. (1989). Programming guide for mentally retarded and learning disabled inmates: A guide for correctional administrators.Washington, DC: National Institute of Corrections, U.S. Department of Justice.
7.
Conley, R. W., Luckasson, R., & Bouthilet, G. N. (Eds.). (1992). The criminal justice system and mental retardation: Defendants and victims.Baltimore: Brookes.
8.
Hirschi, T. (1969). Causes of delinquency, Berkeley: University of California Press.
9.
Keilitz, I., & Dunivant, N. (1986). The relationship between learning disability and juvenile delinquency: Current state of knowledge. Remedial and Special Education, 7(3), 18-26.
10.
Keilitz, I., Monahan, B. A., Keilitz, S. L., & Dillon, C. (1987). Criminal defendants with trial disabilities: The theory and practice of competency assistance.Williamsburg, VA: Institute on Mental Disability and the Law, National Center for State Courts.
11.
Larson, K. A. (1988). A research review and alternative hypothesis explaining the link between learning disabilities and delinquency. Journal of Learning Disabilities, 21, 357-363, 369.
12.
Leone, P. E. (1988, November). A review of special education programming at Catalina Mountain Juvenile Institution (Report submitted to U.S. District Court, District of Arizona. Johnson v. Upchurch, CIV 86–195 TUC RMB).
13.
Leone, P. E. (1990, December). Evaluation of educational and vocational services at Cedar Knoll and Oak Hill Youth Centers (Report submitted to the Office of the Monitor, Jerry M. v. D.C., C.A. No. 1519–85 [IFP]).
14.
Leone, P. E. (1993). Recent litigation involving educational claims for students with disabilities in juvenile correctional facilities [Unpublished data].
15.
Leone, P. E., Price, T., & Vitolo, R. K. (1986). Appropriate education for all incarcerated youth: Meeting the spirit of P.L. 94–142 in youth detention facilities. Remedial and Special Education, 7(4), 9-14.
16.
Leone, P. E., Rutherford, R. B., Jr., Nelson, C.M. (1991). Special education in juvenile corrections.Reston, VA: Council for Exceptional Children.
17.
Lincoln, Y. S. (1985). Introduction. In Y. S. Lincoln (Ed.), Organizational theory and inquiry (pp. 29–49). Beverly Hills, CA: Sage.
18.
Lincoln, Y. S., & Guba, E. G. (1985). Naturalistic inquiry.Beverly Hills, CA: Sage.
19.
Los Angeles County Office of Education. (1991). Juvenile court and community schools report card (Publication No. 91-2-20). Downey, CA: Author.
20.
Murphy, D. M. (1986). The prevalence of handicapping conditions among juvenile delinquents. Remedial and Special Education, 7(3), 7-17.
21.
Murray, C. (1976). The link between learning disabilities and juvenile delinquency: Current theory and knowledge (Publication No. 027-000-00479-2). Washington, DC: U.S. Government Printing Office.
22.
Nelson, C. M., Rutherford, R. B., & Wolford, B. I. (Eds.). (1987). Special education in the criminal justice system.Columbus, OH: Merrill.
23.
Otto, R. K., Greenstein, J. J., Johnson, M. K., & Friedman, R. M. (1992). Prevalence of mental disorders among youth in the juvenile justice system. In J. J. Cocozza (Ed.), Responding to the mental health needs of youth in the juvenile justice system (pp. 7–48). Seattle: National Coalition for the Mentally Ill in the Criminal Justice System.
24.
Perryman, P., DiGangi, S. A., & Rutherford, R. B. (1989, November). Recidivism of handicapped and nonhandicapped juvenile offenders: An exploratory analysis. Paper presented at the Handicapped Offender Conference, Pittsburgh, PA.
25.
Reppucci, N. D., & Clingempeel, W. G. (1978). Methodological issues in research with correctional populations. Journal of Consulting and Clinical Psychology, 46, 727–746.
26.
Rutherford, R. B., Nelson, C. M., & Wolford, B. I. (1985). Special education in the most restrictive environment: Correctional/special education. The Journal of Special Education, 19, 59–71.
27.
Schwartz, I. M. (1989). (In)justice for juveniles: Rethinking the best interests of the child.Lexington, MA: Lexington Books.
28.
Thornberry, T. P., Tolnay, S. E., Flanagan, T. J., & Glynn, P. (1991). Children in custody, 1987: A comparison of public and private juvenile custody facilities.Washington, DC: Office of Juvenile Justice and Delinquency Prevention, U.S. Department of Justice.
29.
U.S. Department of Justice. (1991). Juveniles taken into custody: Fiscal year 1990 report.Washington, DC: Office of Juvenile Justice and Delinquency Prevention. [Data reported are based on 1-day count, February 15, 1989.]
30.
Walter, M. E. (1988). A study of cognitive and behavioral differences between educationally handicapped and nonhandicapped male youth. Unpublished doctoral dissertation, University of Maryland, College Park.
31.
Yin, R. K. (1989). Case study research: Design and methods (rev. ed.). Newbury Park, CA: Sage.
