Abstract
Delinquency rates have been a persistent concern in the United States with juveniles involved in almost a third of arrests for major crimes in 1993. Further, a disproportionate number of youths incarcerated have a disability. Because youths with disabilities in correctional facilities present legal and educational challenges, we explored the parameters of providing appropriate services based on individual needs. Despite applicable federal legislation, the juvenile correctional system often fails to meet the educational needs of those with disabilities (i.e., some youths are denied special education services, services are often inferior to those provided by public schools, and teachers are often inadequately trained). According to federal legislation, juvenile facilities must observe procedural safeguards afforded to those individuals and provide needed services even for pre trial detainees (services, however, may be balanced against legitimate security concerns). Ultimately, state educational agencies have the responsibility for ensuring that youths with disabilities receive a free appropriate education. Promising practices applicable to all youths may include Positive Peer Culture, aggression replacement training, aftercare programs, and research validated instructional interventions.
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REFERENCES
A.C.v. McDonnel (1995). Class action 95-uv-1838, Denver, Colorado.
Alexander S. v. Boyd, 22 IDELR 139 (D.S.C. 1995).
Ashland School District v. New Hampshire Division for Children, Youth, and Families, 24 IDELR 165 (N.H. 1996).
Blackorby, J., & Wagner, M. (1996). Longitudinal postschool outcomes of youth with disabilities: Findings from the national longitudinal transition study. Exceptional Children, 62, 399–414.
Bohac, P., Evans, B., & Ritchie, B. (1996). Juvenile justice and the Florida legislature: Lessons, problems, and a possible template. Preventing School Failure, 40(2), 53–55.
Brier, N. (1995). Predicting antisocial behavior in youngsters displaying poor academic achievement: A review of risk factors. Journal of Developmental and Behavioral Pediatrics, 16, 271–276.
Briscoe, R. V., & Doyle, J. P. (1996). Aftercare services in juvenile justice: Approaches for providing services for high-risk youth. Preventing School Failure, 40, 73–76.
California Department of Youth Authority, EHLR 352:307 (OCR 1986).
Colorado Division of Youth Corrections (July, 1998). Critical incident report. Denver, CO: Department of Education.
Del Norte County (CA) Office of Education, 20 IDELR 1070 (OCR, 1993).
Doe by Brockhuis v. Arizona Department of Education, 25 IDELR 824 (9th Cir. 1997).
Donnell C. v. Illinois State Board of Education, 20 IDELR 514 (N.D. Ill. 1993).
Donlevy, J.G., & Weissman, G. (1992). Integrating positive peer culture into the residential treatment center and public school curriculum: Suggestions for practice. Journal of Correctional Education, 43, 166–170.
Doren, B., Bullis, M., & Benz, M.R. (1996). Predicting the arrest status of adolescents with disabilities in transition. The Journal of Special Education, 29, 363–380.
Foldesi, T., & Soyring, M. (1993). Antisocial, chemically dependent youth in a peer culture group setting. Journal of Emotional and Behavioral Problems, 2, 22–24, 26.
Gable, R.A., Allen, N.L., & Hendrickson, J.M. (1995). Use of peer confrontation to modify disruptive behavior in inclusion classrooms. Preventing School Failure, 40, 25–28.
Goldstein, A.P., Glick, B., & Gibbs, J.C. (1998). Aggression replacement training. Champaign, Ill: Research Press.
Gottfredson, D.C. (1997). School-based crime prevention. In L. Sherman, D. Gottfredson, D. MacKenzie, J. Eck, P. Reuter, & S. Bushway (Eds.), Preventing crime: What works, what doesn't, what's promising (pp. 5–1–5–74).College Park, MD: Department of Criminology and Criminal Justice.
Grande, C.G., & Oseroff, A. (1991). Special education planning in jails? Journal of Offender Rehabilitation, 16, 103–111.
Human Rights Watch (1997). High country lockup: Children in confinement in Colorado. New York: Human Rights Watch Children's Rights Project.
Individuals with Disabilities Education Act Amendments of 1997, Public Law 105–17, 20 U.S.C. Chapter 33, Section 1414 et seq. (EDLAW, 1997).
Irvine (CA) Unified School District, EHLR 352:327 (OCR 1986).
Jones, V. F., & Jones, L. (1997). Comprehensive classroom management: Creating communities of support and solving problems. Boston: Allyn and Bacon.
Katsiyannis, A., & Archwamety, T. (1999). Academic remediation/achievement and other factors related to recidivism rates among delinquent youths. Behavioral Disorders, 24, 93–101.
King v. Pine Plains Central School District, 24 IDELR 50 (S.D.N.Y. 1996).
Koyangi, C., & Gaines, S. (1993). All systems failure: An examination of the results of neglecting the needs of children with serious emotional disturbance. Washington, DC: National Mental Health Association.
Leone, P.E. (1986). Teacher training in corrections and special education. Remedial and Special Education, 7(3), 41–47.
Leone, P.E. (1994). Education services for youth with disabilities in state-operated juvenile correctional system: Case study and analysis. The Journal of Special Education, 28, 43–58.
Leone, P.E., Rutherford, R., & Nelson, C. (1991). Special education in juvenile corrections. Reston, VA: The Council for Exceptional Children.
Lewis, K.A., Schwartz, G.M., & Ianacone, R.N. (1988). Service coordination between correctional and public school systems for handicapped juvenile offenders. Exceptional Children, 55, 66–70.
MacMillan, D.L., Gresham, F.M., Lopez, M., & Bocian, K.M. (1996). Comparison of students nominated for prereferral interventions by ethnicity and gender. Journal of Special Education, 30, 133–151.
Maguire, K., & Pastore, A.L. (1995). Sourcebook of criminal justice statistics (1994). U.S. Department of Justice, Bureau of Justice Statistics, Washington, DC: U.S. Printing Office.
Malian, I.M., & Love, L.L. (1998). Leaving high school: An ongoing transition study. Teaching Exceptional Children, 30(3), 4–10.
McGinnis, E., & Goldstein, A.P. (1984). Skill streaming the elementary school child. Champaign, Ill: Research Press.
McIntyre, T. (1993). Behaviorally disordered youth in correctional settings: Prevalence, programming and teacher training. Behavioral Disorders, 18, 167–76.
Morgan v. Chris L. by Mike L., 25 IDELR 227 (6th Cir. 1997).
New Hampshire Department of Education v. City of Manchester, NH School District, 23 IDELR 1057 (D.N.H. 1996).
OCR. (1997). Letter to Copenhaver, 26 IDELR 397.
OSEP. (1987). Letter to Perryman, EHLR 211:438.
OSEP. (1988). Letter to Weintraub, EHLR 213:197.
OSEP. (1995). Letter to Hayden, 24 IDELR 387.
Paul Y. by Kathy Y. v. Singletary, 27 IDELR 1 (S.D. Fla. 1997).
O'Donnell, J., Hawkins, J.D., & Abbott, R.D. (1995). Predicting serious delinquency and substance use among aggressive boys. Journal of Consulting and Clinical Psychology, 63, 437–529.
Pollard, R.R., Pollard, C.J., & Meers, G.D. (1995). A sociological, psychological and educational profile of adjudicated youth with disabilities. Journal for Vocational Special Needs Education, 17(2), 56–61.
Rodiriecus L. by Betty H. v. Waukegan School District No. 60, 25 IDELR 119 (N.D. Ill. 1996).
State of Connecticut-Unified School District No. 1 v. State Department of Education, 27 IDELR 3 (Conn. Super. Ct. 1997).
State of Wisconsin v. Trent N., 26 IDELR 434 (Wis. Ct. App. 1997).
Tannehill, R. L. (1987). Employing a modified positive peer culture treatment approach in a state youth center. Journal of Offender Counseling, Services, & Rehabilitation, 12(1), 113–129.
Traynelis-Yurek, E.T., & Giacobbe, G.A. (1989). Unremediated learning disabilities and reincarceration. Journal of Offender Counseling, Services, & Rehabilitation, 13, 163–174.
Tremblay, R.E., Masse, B., Perron, D., Leblanc, M., Schwartzman, A.E., & Ledingham, J. E. (1992).Early disruptive behavior, poor school achievement, delinquent behavior, and delinquent personality longitudinal analyses. Journal of Consulting and Clinical Psychology, 60, 64–72.
U.S. Department of Education. (1994). Mini-Digest of Education Statistics, 1994. Washington, DC: National Center for Education Statistics.
U.S. Department of Education. (1996). Dropout rates in the United States: 1994. Washington, DC: National Center for Education Statistics.
Virginia Department of Education, EHLR 353: 264 (OCR 1989).
Vorrath, H., & Brendtro, L. (1974). Positive peer culture. Chicago: Adline.
Zelin, G. M. (1993). Special education and the juvenile justice system. New Hampshire Bar Journal, 34, 21–29.
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Katsiyannis, A., Murry, F. Young Offenders with Disabilities: Legal Requirements and Reform Considerations. Journal of Child and Family Studies 9, 75–86 (2000). https://doi.org/10.1023/A:1009463716404
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DOI: https://doi.org/10.1023/A:1009463716404