SPECIAL EDUCATION IN CORRECTIONAL FACILITIES
Special Education in Correctional Facilities
More than one in three youths who enter correc-tional
facilities have previously received special education ser-vices, a considerably
higher percentage of youths with disabilities than is found in public
elementary and secondary schools (Leone, 1997). Under the Individuals
with Disabilities Education Act (IDEA), youths with disabilities in correctional
facilities are entitled to special education and related services. Providing
appropriate services for these students, however, can be extremely challenging.
Several issues have been identified as having an impact on the pro-vision
of appropriate special education services in correctional facilities,
including transience of the student population, conflict-ing organizational
goals for security and rehabilitation, shortages of adequately prepared
personnel, and limited interagency coordination.
This module synthesizes available information on youths with disabilities
in correctional facilities and efforts to provide this population with
a free appropriate public education (FAPE). The first section describes
the number and characteristics of incarcerated youths with disabilities.
The second section portrays special education services in correctional
facilities. The third section discusses particular challenges associated
with the provision of services in correctional facilities, and the fourth
reports results for incarcerated youths with disabilities.
Number and Characteristics of Students with Disabilities in Correctional Facilities
Researchers generally agree that students with disabilities are overrepresented
in the juvenile justice system. However, estimates of the number and percentage
of students with disabilities in correctional facilities vary considerably (Perryman,
DiGangi, & Rutherford, 1989). Data from the U.S. Department of Education,
Office of Special Education Programs (OSEP) indicate that, on December 1, 1996,
15,930 students with disabilities were served in correctional facilities. Youths
with emotional disturbance and learning disabilities made up the majority of
those incarcerated--42 and 45 percent, respectively (see figure II-1). In a
1985 study, Rutherford, Nelson, and Wolford estimated that 9,293 youths in State
adult and juvenile correctional facilities had disabilities (28 percent of the
juvenile population). Of those, 80 percent were receiving special education
and related services. OSEP is currently sponsoring a study that replicates the
Two of the reasons it is difficult to pinpoint the number and percentage
of students with disabilities in correctional facilities are the wide range
and varying jurisdictions of correctional facilities across the country. Incarcerated
youths with disabilities may be housed in jails, detention facilities, group
homes for young offenders, adult or juvenile prisons, camps, ranches, private
programs, or treatment facilities.
In most instances, jails are administered by local governments.
The majority of individuals confined in jails are awaiting arraignment or trial.
Others are serving sentences or are awaiting transfer to other correctional
facilities. Incarceration in jails is often very short; in most jails, the average
incarceration is less than 72 hours (Wolford, 1987). Prisons, on the other hand,
are operated at both the State and Federal levels and typically house inmates
for longer periods of time (Snarr, 1987).
Juvenile halls, detention centers, and camps or ranches
are specifically designed to serve juveniles. The education programs in juvenile
halls and detention centers are typically modeled after secondary schools, including
the provision of special education services to students with disabilities (Leone,
1987). Camps or ranches are usually smaller, and youths often split their time
between school and work related to operating the facility. Smaller juvenile
corrections programs, such as ranches, camps, private programs, or treatment
facilities, frequently do not provide special education. OSEP monitors for these
services and requires corrective action when States are not ensuring that these
services are provided. Efforts are ongoing and have not yet resulted in complete
Percentage of Students in Correctional Facilities by Disability:
a/ Other disabilities include visual impairment,
hearing impairment, other health impairment, orthopedic impairment, autism,
traumatic brain injury, multiple disabilities, and deaf-blindness.
Source: U.S. Department of Education, Office of
Special Education Programs, Data Analysis System (DANS).
What accounts for the disproportionate representation of students with disabilities among incarcerated youths? There are various theories about the relationship between delinquency and disability, but none have been adequately tested by research. One theory holds that school failure is the common link between delinquency and disability. Learning and behavioral disabilities may lead to academic failure and dropout, which, in turn, lead to delinquent behavior (Hirschi, as cited in Fink, 1990b).
A second theory postulates that youths with disabilities exhibit certain cognitive,
behavioral, and personality deficits that predispose them to delinquent behavior.
These deficits--lack of impulse control, poor reception of social cues, and
a diminished ability to learn from experience--may increase susceptibility to
delinquent behavior (Murray, as cited in Fink, 1990b). In a study by Keilitz
and Dunivant (1986), youths with learning disabilities reported committing more
acts of delinquency, including stealing from a home, stealing from school, shoplifting,
and damaging property, than did their peers without disabilities. Youths with
learning disabilities were also more likely to commit violent acts, use marijuana
and alcohol, and experience problems with school discipline (Bryan, Pearl, &
A third theory regarding the disproportionate percentage of
youths with disabilities in correctional facilities suggests that at all stages
of the juvenile justice system, offenders with disabilities are treated differently
from other offenders who engage in the same types of delinquent behaviors (Keilitz
& Dunivant, as cited in Fink, 1990b). Consequently, delinquent youths with
disabilities may be more likely than those without disabilities to be incarcerated
(Keilitz & Dunivant, 1986). They may be more likely to be apprehended by
the police because they lack the skills to plan strategies, avoid detection,
interact appropriately, and comprehend questions and warnings during police
encounters. Wagner and colleagues (1992) found that 19 percent of all youths
with disabilities were arrested by the time they had been out of school for
2 years. This was much higher than overall juvenile arrests; 5 percent of all
juveniles ages 10 to 17 were arrested in 1992 (Snyder & Sickmund, 1995).
The overrepresentation of offenders with disabilities in the juvenile justice
system may be explained by some combination of these theories (Leone, Rutherford,
& Nelson, 1991b) or by some reason or reasons yet to be determined.
Doren, Bullis, and Benz (1996) explored factors predicting arrest for students
with disabilities. They found that, holding other variables constant, males
with disabilities were 2.4 times more likely than females with disabilities
to be arrested during their school career. Students with emotional disturbance
were 13.3 times more likely than other students with disabilities to be arrested
while in school. Students with learning disabilities were 3.9 times more likely
than other students to be arrested. Dropout status and personal/social achievement
also contributed to the likelihood of arrest. Youths with disabilities who dropped
out of school were 5.9 times more likely than other students to be arrested,
and youths with disabilities who scored low on personal/social achievement skills
were 2.3 times more likely to be arrested. Furthermore, youths with disabilities
who had been arrested once were far more likely to be arrested again.
Number of Students
in Correctional Facilities by Disability Over Time:
1992-93 to 1996-97
Source: U.S. Department of Education,
Office of Special Education Programs, Data Analysis System (DANS).
Over the past several years, the number of students with disabilities in correctional
facilities has risen at over twice the rate of the overall special education
population. From 1992-93 to 1996-97, the number of students ages 6 through 21
with disabilities increased 13 percent; the number in correctional facilities
increased 28 percent. The increase in incarcerated youths can be seen most in
juveniles with learning disabilities and emotional disturbance; these two disabilities
also account for the largest percentage of juveniles with disabilities in correctional
facilities (see figure II-2). The number of incarcerated youths with other disabilities
has remained relatively stable over time. It is not clear whether this increase
is due to an actual rise in the number of youths with these disabilities committing
crimes or a result of correctional facilities? greater efforts to identify and
serve a higher proportion of IDEA-eligible youths.
Providing FAPE for Students with Disabilities in Correctional Facilities
IDEA ensures that students with disabilities will receive FAPE, and these assurances
clearly extend to students in correctional facilities. In the landmark case
Green v. Johnson (1981), the U.S. District Court of Massachusetts ruled
that students with disabilities do not forfeit their rights to an appropriate
education because of incarceration (Grande & Oseroff, 1991). However, the
provisions of IDEA were developed with school settings in mind. This can make
the implementation of IDEA in correctional facilities particularly challenging.
Furthermore, the IDEA Amendments of 1997 limited the State?s obligation somewhat
in providing special education in correctional facilities. The IDEA Amendments
of 1997 revised the eligibility provisions so that States may choose not to
provide special education services to youths with disabilities, ages 18 through
21, who, in the educational placement prior to their incarceration in an adult
correctional facility: (a) were not actually identified as being a child with
a disability under IDEA or (b) did not have an individualized education program
(IEP) under IDEA. The new act provides that youths with disabilities who are
convicted as adults and in adult prisons need not participate in general educational
assessment programs conducted by the State and that the transition planning
and services provisions of IDEA do not apply to these individuals if their eligibility
under IDEA will end because of their age before they will be released from prison.
The educational program and placement of youths with disabilities who are convicted
as adults and in adult prisons can be modified by their IEP teams to accommodate
bona fide security or compelling penological interests. A State also may provide
that when individuals with a disability reach the age of majority under State
law, all rights accorded to their parents transfer to those individuals who
are incarcerated in an adult or juvenile Federal, State, or local correctional
The availability of special education services varies considerably by type
of correctional facility and also from State to State. Thirty-six States responding
to a national survey reported providing special education services in an average
of 92 percent of their State?s juvenile correctional facilities (Kirshstein
& Best, 1996). Educational programs in adult jails and prisons are generally
less extensive than those in juvenile facilities; special education services
are only occasionally provided, and with varying levels of intensity (Leone,
1987; Rutherford et al., 1985; Wolford, 1987). In 1990-91, 33 of 42 States reported
providing special education services in some adult correctional facilities.
On average, 33 percent of institutions in those States provided special education
services (Kirshstein & Best, 1996). An interesting footnote to these figures
is a 1998 ruling by the U.S. Supreme Court. In Pennsylvania Department of
Corrections v. Yeskey, the court ruled in favor of an inmate with high blood
pressure who was denied access to a boot camp program, which would have reduced
the length of his incarceration. The court ruled that inmates are covered under
the Americans with Disabilities Act of 1990 and, as such, regardless of their
age, they may be entitled to accommodations in education programs offered in
correctional facilities. The impact of this decision, if any, on the provision
of special education services in correctional facilities remains to be seen.
States also differ in the structure of their corrections education programs.
In some States, corrections schools are decentralized, and a warden or institutional
superintendent directs each school. In these cases, noneducators are responsible
for making educational decisions. In other States, a corrections education supervisor
within a bureau oversees education across institutions. The State education
agency (SEA) may also extend rights and responsibilities of a local education
agency to the corrections education organization. In 1990, 21 youth and adult
corrections education programs were characterized as decentralized, 48 were
overseen by State bureaus, and 18 were housed in school districts (Gehring,
Below, literature on efforts to provide FAPE for youths with disabilities in
correctional facilities is summarized. Issues associated with identification
and assessment, IEP development, provision of services, and personnel are addressed.
Identifying and Assessing Children with Disabilities
IDEA requires that States identify, locate, and evaluate all children with
disabilities residing in the State who need special education and related services.
Education agencies are responsible for conducting a full, individual evaluation
to determine whether a child is eligible for services under IDEA and to determine
the educational needs of the child. This requirement generally applies to youths
in correctional facilities as well as those in more typical educational settings.
Youths with disabilities in correctional facilities may have received special
education services in their previous school, or they may have a disability that
was not previously identified. Without access to school records, it can be difficult
for corrections personnel to identify youths previously served in special education
because the exchange of information between public schools and correctional
facilities can be problematic (Lewis, Schwartz, & Ianacone, 1988). In one
study, school officials reported learning about a youth?s incarceration through
informal means of communication. Staff in correctional facilities reported that
some school districts refused to release student records without parental permission,
delaying the identification of students with disabilities and the provision
of appropriate services (Leone, 1994). In fact, Moran (1991) found it was not
uncommon for youths to have exited the correctional system by the time their
school records arrived.
Identification and assessment may also be difficult if corrections educators
do not have adequate support for identifying youths with disabilities (e.g.,
school psychologists, social workers, special education administrators). In
a case study of one State?s juvenile justice facilities, Leone (1994) found
that juvenile correctional facilities only provided special education services
to youths who had been previously identified as eligible for special education.
The juvenile justice department made no independent efforts to evaluate youths?
eligibility for special education. Furthermore, at the time of the interviews,
staff revealed that there was a backlog of over 4 months in the processing of
files for students previously identified as having disabilities. For example,
one student who had received special education services in public school waited
9 months after his incarceration before a multidisciplinary team met and placed
him in an appropriate program. During the study, the State department of juvenile
justice took steps to address these delays (Leone, 1994).
More than a dozen class action suits brought against correctional facilities
since 1990 have addressed the issue of identification and assessment (e.g.,
John A. v. Castle (1990), D.B. v. Casey (1991), W.C.
v. DeBruyn (1990), Horton v. Williams (1994)). In Andre H. v.
Sobol (1984), the plaintiffs claimed that the detention holding facility
did not conduct any screening or child find activities, did not convene any
multidisciplinary team meetings, and did not make any attempts to get records
from youths? previous schools. The case was settled out of court 7 years after
initiation (Leone & Meisel, 1997). In Smith v. Wheaton (1987), a
school was accused of failing to meet timelines for evaluating youths for special
education eligibility or developing IEPs. The plaintiffs also asserted that
major components of IDEA were not being followed, such as providing related
services (e.g., counseling, occupational therapy) and creating transition plans.
After an 11-year legal battle, the courts ruled that juvenile detention facilities
must provide a broad array of educational and rehabilitative services (Becker,
1999). Furthermore, school districts must promptly release school records to
the facility when a child is incarcerated, as well as ensure appropriate special
education placements upon the child?s release (Connecticut Legal Services, 1999).
These cases demonstrate the nature of the difficulties in identifying and assessing
the special education needs of students with disabilities in correctional facilities.
When the school district is the entity responsible for serving incarcerated
youths, some of the identification problems can be avoided. For example, in
the Fairfax County, Virginia Juvenile Detention Center, a youth?s most recent
school--referred to as the base school--is contacted immediately upon the youth?s
arrival, and the process for obtaining records is initiated. Because the school
program in the Detention Center is officially part of the county school system,
the school system messenger service delivers records from the base school to
the detention center. This speeds the identification of students previously
served in special education. In many cases, records arrive the same day. If
a youth is suspected of having a previously unidentified disability, the base
school is contacted to schedule an assessment by county school system personnel.
Staff at the juvenile detention center stress the importance of maintaining
good personal relations with staff in community schools to facilitate the identification
and assessment process (Markowitz, 1998).
Once youths are found eligible for special education services
under IDEA, they are entitled to an IEP. This written plan must include statements
of (1) the child?s present levels of performance; (2) annual goals, including
short-term objectives; (3) special education and related services; and (4) program
modifications or supports. For youths ages 14 and older in juvenile facilities,
the IEP must also include a plan for the transition from secondary school to
postsecondary roles. The IEP team--including teachers, parents, and, when appropriate,
the youth--is required to meet annually to update the student?s present levels
of performance, goals and objectives, services, and supports.
Providing Special Education and Related Services
The curriculum used in juvenile facilities often parallels that used in local
school districts; curriculums in adult facilities are usually modeled on adult
education programs, with the GED or high school equivalency as the credential
earned. Regardless, the curriculum and service delivery system may not meet
student needs. Researchers suggest that the components of an effective corrections
special education program include: (1) a functional assessment that uses ongoing
measurement to identify discrepancies between a predetermined curriculum or
program standard and the youth?s level of educational achievement, social/vocational
adjustment, and ability to function independently; (2) a functional curriculum
that meets a student?s individual needs, including social, daily living, and
vocational skills; (3) functional instruction that uses positive and direct
instructional strategies; (4) vocational training opportunities; (5) transition
services; (6) a full range of educational and related services; and (7) professional
development for educators and staff (Bullock & McArthur, 1994; Forbes, 1991;
Leone, Rutherford, & Nelson, 1991a; Leone, Rutherford, & Nelson, 1991b;
Rutherford, Nelson, & Wolford, 1985).
Further, research suggests that effective and ineffective rehabilitation
programs differ in a variety of ways. Effective programs are distinctive in
the types of intervention they provide, their duration and intensity, the characteristics
of staff, the relationship between the staff and offenders, and the extent to
which the programs address the social and economic factors affecting offenders
(Gendreau & Ross, as cited in Ross & Fabiano, 1985; MacKenzie, 1997).
By identifying changeable behavior characteristics, the conceptualization of
delinquent behavior is also a critical factor driving the development and implementation
of rehabilitation programs. In addition to addressing the offender?s environment,
feelings, behavior, and vocational skills, effective programs also use a cognitive
behavioral and social learning approach. They include techniques to improve
reasoning skills, empathy, and awareness of behavioral consequences (MacKenzie,
1997; Ross & Fabiano, 1985).
Research suggests that these ideals are rarely met. In his case study of one
State?s juvenile corrections system, Leone (1994) reported that few IEP meetings
were held. Staff reportedly prepared IEPs based on school records and circulated
the IEP to several staff members who reviewed and signed it. Involving parents
in IEP meetings was particularly difficult. Parents were frequently sent notices
of IEP meetings, but they rarely attended, and this was also true of surrogate
parents appointed by the State. Similar issues were noted in a number of suits
against juvenile and adult correctional programs (e.g., Melvin v. Schilling
(1991), T.Y. v. Shawnee County (1994), E.R. v. McDonnell
(1994)). Parents of youths in correctional facilities are reported to miss many
hours of work handling court-related matters and may not have the flexibility
to attend IEP meetings (Markowitz, 1998).
Furthermore, Leone found that students with disabilities in correctional facilities
received considerably less intensive special education programming than they
had in public schools (7 to 7 1/2 class periods per week compared to 19 1/2
to 22 1/2 periods per week). It appeared from the review of records that students
received one or two periods of special education service per day, regardless
of their level of need. Few students received speech therapy, and none received
counseling or psychological services despite the fact that a number of these
youths received such services prior to incarceration. Leone also found that
none of the IEP goals or objectives addressed the transition of students from
correctional facilities to their home communities or other institutions (Leone,
Moran (1991) described some of the difficulties associated with providing special
education services within correctional facilities. The time available for providing
special education services often conflicted with higher priority activities,
such as meeting with attorneys, meeting with probation counselors, appearing
in court, or attending other scheduled classes. Depending on the availability
of staff and scheduling in residential units, special education teachers would
sometimes have to escort youths from the residential unit to the school facility.
Limitations on the number of youths who could be escorted without assistance
reduced the number served at any one time. In addition, dormitory confinement
was used as a common disciplinary tool, and, during confinement, youths, in
many cases, did not attend school or receive special education services. Services
are provided to students in confinement in some systems.
Much attention has been given to the interpretation of the IDEA Amendments
of 1997 requirement that students with disabilities be served in the least restrictive
environment. The law holds that
to the maximum extent appropriate, children with disabilities,
including children in public or private institutions or other care facilities,
are educated with children who are not disabled, and special classes, separate
schooling, or other removal of children with disabilities from the general
educational environment occurs only when the nature or severity of the disability
of a child is such that education in general classes with the use of supplementary
aids and services cannot be achieved satisfactorily. (§612(a)(5)(A))
Interpreting the application of this mandate within the confines of a correctional
facility is particularly difficult. Some researchers have labeled correctional
facilities the most restrictive environment (Rutherford et al., 1985).
Nonetheless, youths with disabilities in correctional facilities may receive
educational services with nondisabled, incarcerated peers.
IDEA does provide some flexibility for placing adjudicated youths with disabilities
in the least restrictive environment. The Act states that if a child with a
disability is convicted as an adult under State law and incarcerated in an adult
prison, the IEP team may modify the child?s IEP or placement if the State demonstrates
a bona fide security concern or compelling penalogical interest that
cannot otherwise be accommodated (§614(d)(6)). However, this has the potential
to magnify existing tensions between security and education, especially if there
are funding cuts. With budget constraints, a correctional facility could seek
to reduce special education and/or regular education services in order to ensure
The IDEA Amendments of 1997 specify that requirements for transition
planning and transition services do not apply to children convicted as adults
and incarcerated in adult prisons whose IDEA eligibility will end, because of
their age, before they are released from prison. However, for youths 14 and
older in juvenile facilities, IEPs must include a statement of transition
needs and, if appropriate, services. Transition services may be the most neglected
aspect of corrections special education programs as cooperation among public
schools, community agencies, and correctional facilities is rare (Leone et al.,
1991b). Virtually every facility in Florida reported deficiencies and fragmentation
in the transition of incarcerated youths with disabilities back to their communities
(Florida Department of Education, 1995).
Few States have education laws or regulations for corrections
education, few corrections education programs are accredited, and there are
no mandatory standards for corrections education programs in adult institutions
except those requirements of IDEA applicable to students with disabilities.
The lack of standards makes it difficult to provide quality special education
services because the necessary general education infrastructure and supports
on which special education rests are often inadequate. They may not meet such
basic State requirements as professional development, space, or ventilation
(Leone & Meisel, 1997).
Monitoring the quality of corrections education programs or
corrections special education programs is also difficult without accepted standards
of practice (Leone & Meisel, 1997). While State education agencies are responsible
for monitoring the implementation of IDEA in correctional facilities, such monitoring
has been limited (Leone, 1994; Wolford, 1987). In response, the courts have
become a mechanism of last resort for securing services for youths in correctional
facilities under IDEA.
Ensuring an Adequate Supply of Personnel
Providing appropriate special education services requires an
adequate supply of qualified personnel. Under IDEA, each State must have in
effect a comprehensive system of personnel development (CSPD) that is designed
to ensure an adequate supply of qualified special education, general education,
and related services personnel. The SEA must establish and maintain standards
to ensure that personnel are appropriately and adequately prepared, and personnel
standards must be consistent with State-approved or State-recognized professional
requirements. This section summarizes literature on the need for administrators
and general and special education service providers to work with incarcerated
students with disabilities.
Providing special education services for youths in juvenile
and adult correctional facilities is relatively new, and many corrections administrators
may not have the necessary experience or expertise (Schrag, 1995). In a survey
of nine States, a number of administrative factors were found to be crucial
for providing appropriate special education services in correctional facilities.
These included: (1) removing barriers that restrict the access of students with
disabilities to general education programs, classrooms, and activities; (2)
ensuring that all facilities and/or programs are in full compliance with Federal
and State laws, including procedural safeguards; (3) ensuring that corrections
education programs have written philosophies and clear goals developed in coordination
with all staff and communicated to students, legislative and community agencies,
public schools, and the community at large; (4) ensuring that administrators
have adequate education credentials and the authority to make budgetary, personnel,
and programmatic decisions; (5) using teacher recruitment practices that attract
highly qualified staff; and (6) providing school staff with access to ongoing
professional development in the areas of legal developments, research, and evaluation
In light of the range of disabilities that young offenders
exhibit, direct services personnel in correctional facilities must be specifically
prepared to address a diverse array of educational needs. The fact that these
students are incarcerated calls for special educators to supplement their skills
with a better understanding of the subculture of offenders (Nelson, Rutherford,
& Wolford, 1987) and learn skills to teach adaptive behavior (Western Regional
Resource Center, 1993), conflict resolution, and goal setting (Florida Department
of Education, 1995).
Leone (1987) delineated competencies for corrections special
educators. These competencies include the ability to: (1) apply knowledge of
legislation and regulations governing the education of incarcerated students
with disabilities, (2) identify and assess students suspected of having disabilities,
(3) develop instructional goals and objectives for individual students, (4)
use a variety of instructional strategies for presenting material, (5) monitor
student progress and adjust instruction accordingly, (6) teach students to monitor
their own academic progress and assume greater responsibility for their learning,
(7) design and adapt instructional materials to meet student needs, and (8)
effectively use behavioral strategies to promote prosocial behavior (Leone,
1987). Bullock and McArthur (1994) listed similar skills but added vocational
education and team skills as necessary components in a correctional educator?s
repertoire. Finally, Leone (1987) identified political skills as critical for
successful corrections special education personnel in that teachers must understand
the relationships among agencies and work within the system to improve the quality
of educational services they provide.
Obtaining accurate information about the number of special education teachers
working within juvenile correctional settings, as well as the projected need
for these specially trained teachers, is challenging. Surveys suggest that the
number of certified special education teachers in juvenile corrections is not
adequate for the number of students identified (Leone et al., 1991b; Rutherford
et al., 1985). Hiring new personnel who are qualified to provide special education
and related services in correctional facilities can be extremely difficult (Fink,
1990a), and the lack of definitive personnel data has inhibited the emergence
of specialized programs on corrections special education in institutions of
Litigation against juvenile and adult correctional facilities has been one
mechanism for addressing shortcomings in the availability of adequately qualified
special education personnel. Personnel issues have been addressed in at least
10 such cases since 1990. An example is T.I. v. Delia (1990), in which
plaintiffs alleged that Kings County Detention Center in Washington was overcrowded,
understaffed, unsafe, and failed to provide adequate education, treatment, and
recreation. As part of the consent decree, the Seattle School District agreed
to employ two full-time certified special education teachers in addition to
six full-time general education teachers at the facility, encourage general
educators to obtain special education certification, and fill new teacher vacancies
with certified special educators. The district agreed that the facility?s two
special education teachers would teach only those youths eligible for special
education services unless the population of students with disabilities diminished.
Some promising strategies have been developed to address the professional development
needs of teachers in correctional facilities. For example, computer-based expert
systems are one approach to addressing the information and training needs of
general educators who work with incarcerated students with disabilities. Expert
systems are programmed to arrive at decisions using information provided by
the user and the expert. For example, one system--SNAP (Smart Needs Assessment
Program)--was specifically designed for general education teachers who had special
education students in their classes. To use SNAP, teachers identify problem
situations in their classrooms and query the expert system for recommended behavioral
strategies or teaching/learning strategies. An evaluation of SNAP showed positive
results in an adult corrections education program, and teachers responded favorably
to the system (Fink, 1990a).
Challenges To Providing FAPE in Correctional Facilities
Meeting the requirements of IDEA in correctional facilities
is a daunting task. Coffey and Gemignani (1994) suggest that there is a poor
fit between Federal rules and regulations and the reality of correctional facilities.
There are many unique and significant challenges associated with the provision
of services in these settings, which are often not conducive to learning (Florida
Department of Education, 1995). Some of those challenges are discussed below.
Custody and supervision are often seen as the primary functions of correctional
facilities. Conflict between the goals of rehabilitation and punishment can
have far-reaching consequences. Judges, for example, rarely make sentencing
or placement decisions that account for the offender?s need for special education
services (Rutherford et al., 1985). Youths identified in school as having a
disability receive special education and related services based on their educational
needs. In the juvenile justice system, youths are likely to be served according
to the severity of their crime and the length of their sentence. Institutional
security and housing or work assignment take priority over educational needs
(Nelson, 1996; Wolford, 1987). Disciplinary procedures within correctional facilities
may not take into account the needs and characteristics of youths with disabilities,
and corrections industries may not provide adequate vocational training (Leone,
Compared to youths without disabilities, youths with disabilities
in correctional facilities receive a disproportionate number of disciplinary
actions (Buser, as cited in Leone, 1994; Walter, as cited in Leone, 1994). On
average, youths with disabilities received a major disciplinary action once
every 25.8 days compared to once every 35.3 days for students without disabilities
(Leone, 1994). The types of disciplinary action used in correctional facilities
may also limit access to educational services. Segregation or confinement is
a common form of discipline; it typically includes temporary removal from educational
services. Youths with disabilities spent more time in disciplinary confinement
than youth without disabilities (Buser, as cited in Leone, 1994; Buser, Leone,
& Bannon, 1987; Leone, 1994). This can be particularly problematic for youths
with potential mental health problems, who spent 20.4 percent of their time
in disciplinary confinement as compared to 12.3 percent for the youths in special
education and 5.6 percent for those not in special education (Leone, 1994).
Correctional facilities often stress employment in corrections industry rather
than vocational education, providing further evidence of the relatively low
priority afforded to education. Very few correctional facilities have formal
vocational education programs that provide offenders with marketable skills
and assistance in employment planning (Rutherford et al., 1985). Furthermore,
the existing vocational education programs often exclude youths with disabilities
because they do not have a high school diploma, adequate reading skills, or
other prerequisite skills (Rutherford et al., 1985).
The provision of appropriate special education services in
correctional facilities is also confounded by the high rate of mobility among
incarcerated youths. A young person may be incarcerated for a short period of
time or may be transferred frequently. For example, in the Fairfax County, Virginia
Detention Center, youths typically stay 2 to 3 weeks (Markowitz, 1998). This
is consistent with the national average length of confinement of 15 days in
juvenile detention centers (Abt, 1994). Identification of disabilities may be
difficult if youths do not stay in any one correctional facility for very long.
The special education assessment and eligibility determination process can be
lengthy, and it may not be complete when youths are transferred. The mobility
and varying length of time spent in facilities may interfere with educational
programming and the continuity of special education services provided (Schrag,
1995). As youths move from one facility to another or from community schools
to correctional facilities, they likely face changes in curriculum, instructional
techniques, and educational expectations. These may all interfere with the teaching
and learning process.
This high rate of mobility also contributes to difficulties with interagency
coordination. Youthful offenders are served by numerous public agencies as they
work their way through the juvenile justice or adult corrections systems. These
agencies may include the courts, social service agencies, detention centers,
group homes, rehabilitation programs, school programs, and correctional institutions.
When schools are not informed that youths are incarcerated, information about
special education needs cannot be transferred. Even when schools are informed
of incarceration, IEPs and other pertinent information may not be transferred
because of poor or inadequate coordination with the school system (Schrag, 1995).
This presents a problem for the correctional facility because resources needed
for assessment of such youths typically are not readily available in the facility.
A lack of guidelines or written procedures for the exchange of information (e.g.,
notification of incarceration and exchange of records) interferes with the transition
of students into and out of correctional facilities.
Transition of youths from the correctional facility back into school and/or
the community is extremely difficult (Leone, 1994). A successful transition
to the community requires the coordinated efforts of institutional staff, families,
probation and aftercare professionals, and educators (Leone et al., 1991a).
The availability of integrated support services (e.g., counseling, career planning,
and social work services) to improve this transition is limited. Corrections
education programs that serve a large region or a whole State are further challenged
by interagency coordination because this necessitates working with personnel
and procedures from multiple schools and agencies (Markowitz, 1998).
Results for Students with Disabilities in Correctional Facilities
An important part of the discussion regarding students
with disabilities in correctional facilities is their academic achievement and
transition back into the community. Unfortunately, minimal data are available
on results for this population, such as high school completion, postsecondary
enrollment, employment, or recidivism. This section summarizes the information
that is available.
Data from a variety of sources suggest that students
with disabilities in correctional facilities are less likely than other youths
with disabilities to complete high school or to make a successful transition
from a corrections education program to a community-based school. In Pennsylvania,
of the 959 youths with disabilities through age 21 in juvenile and State correctional
facilities, 3.1 percent had a high school diploma or GED compared to 21.7 percent
of incarcerated youths without disabilities (N. Heyman, personal communication,
April 7, 1998). Of students with disabilities exiting correctional special education
programs in Maryland, 6.4 percent graduated from high school compared to 64.0
percent of all students with disabilities in the State. A far greater percentage
of Maryland?s youths with disabilities in correctional facilities reached the
maximum age for special education services without completing high school, 83.0
percent (E. Featherstone, personal communication, March 17, 1998). Incarcerated
students with disabilities may also have difficulty with the transition to a
community-based high school once they are released. In a Florida study, 25 to
45 percent of incarcerated students with disabilities did not return to a comprehensive
public high school after their release (Florida Department of Education, 1995).
Some efforts to improve transition services have shown promise, however. An
intermediate school district in Wisconsin developed the Youth Reentry Specialist
(YRS) program. This program employed a trained reentry specialist to foster
the transition of youths with disabilities from correctional facilities to public
schools, vocational rehabilitation, vocational education, job training programs,
or work programs. An evaluation found that, of white youths without YRS services
who left the correctional facility school with five high school credits, only
13 percent made a successful transition into a special education program and
were in a vocational program 3 months after release. Of white youths with YRS
services, 40 percent made a successful transition into special and vocational
education. Black males were somewhat more likely than whites to have a successful
transition--25 percent without YRS services, and 60 percent with YRS services
In a similar effort, the Networking and Evaluation Team (NET) was designed
to help local schools and the Washington State Division of Juvenile Rehabilitation
coordinate and plan for youths? educational needs as they moved to and from
corrections education programs. This was done by building awareness of other
agencies? activities, enhancing the transfer of educational records, conducting
preplacement planning before youths left correctional facilities, and maintaining
communication between community and corrections educators. Available data suggest
that the NET model was associated with improved student retention (Webb &
Efforts have been made to improve corrections education
by implementing a national policy for corrections education and developing standards
for administration. However, no formalized process has been established for
measuring compliance with these standards or for using measures as the basis
for certification or accreditation of corrections schools or school systems
(Coffey & Gemignani, 1994). Furthermore, no specific standards have been
developed for guiding development of corrections special education programs.
State, regional, or national efforts are required to
provide standards of best practice and resources for technical assistance. Given
the relatively small number of special educators within correctional facilities
and the broad scope of their responsibilities, these individuals cannot be expected
to design, implement, and evaluate their own special education programs. Rather,
this is an area in which State education agency personnel or regional staff
might provide assistance and leadership. Technical assistance to correctional
facilities could be provided to design educational programs that comply with
curriculum standards and graduation requirements, as well as meet the unique
needs of the students with disabilities (Florida Department of Education, 1995).
Furthermore, coordination among State agencies that work with incarcerated youths
could be enhanced through new channels of communication and timely exchange
State and local agencies may also facilitate transition of incarcerated youths
back into the community. A comprehensive transition program requires referral,
program placement, and followup. Each phase is important in enhancing the odds
of a successful transition. Selected studies have shown the benefits of transition
services for youths with disabilities moving from correctional facilities to
community-based school or work sites.
The professional development needs of the academic staff in correctional facilities
are well-documented, most specifically in the area of special education (Coffey
& Gemignani, 1994, Rutherford et al., 1985). Teachers need specialized training
to work with offender populations. Because relatively few prospective teachers
enter corrections education, institutions of higher education cannot justify
preservice programs geared toward this particular subspecialty. Consequently,
inservice training is essential. A State or regional comprehensive personnel
development program that is aligned with State standards is required for enhancing
the skills of correctional special educators.
Finally, to better assess the adequacy of corrections special education programs,
State and local agencies should consider conducting results-based evaluations
of their programs. These evaluations might include data on an array of results
for youths with disabilities, including successful transition to community-based
education programs, high school completion, mastery of State content standards,
postsecondary employment, social adjustment, enrollment in postsecondary education
programs, and recidivism. The evaluations could be linked with State standards
so evaluation results can be used to inform professional development activities,
guide reforms in curriculum and instruction, and generally improve corrections
special education programs.
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