Introduction

A significant proportion of youth in the juvenile justice system have education-related disabilities and are eligible for special education and related services under the Federal Individuals with Disabilities Education Act (IDEA). While 8.6 percent of public school students have been identified as having disabilities that qualify them for special education services (U.S. Department of Education, 1998), youth in the juvenile justice system are much more likely to have both identified and undiscovered disabilities. For example, youth with learning disabilities or an emotional disturbance are arrested at higher rates than their non-disabled peers (Chesapeake Institute, 1994; SRI International, Center for Educational Human Services, 1997), and studies of incarcerated youth reveal that as many as 70 percent suffer from disabling conditions (Leone et al., 1995).

Information about a youth's disability may be relevant at every stage of a juvenile court case. It may help to determine whether formal delinquency proceedings should proceed or suggest important directions for investigation and case strategy. Information about the disability often helps to explain behavior in a way that facilitates constructive intervention, and it is essential to arriving at a disposition that will both meet the youth's rehabilitative needs and comply with IDEA requirements.

Helping youth to reach their educational potential by protecting their rights under IDEA can give them the tools they need to succeed in life. In fact, many of the behavioral and educational issues addressed through the special education system closely parallel issues encompassed in the juvenile court disposition process. In ensuring that disability-related needs are identified and met, IDEA may play a significant role in reducing delinquent behavior.

This Bulletin, directed to judges, attorneys and advocates, probation officers, educators, institutional staff, mental health professionals, and service providers, seeks to heighten awareness of special education issues in the juvenile justice system and ensure that youth with disabilities receive the services they need. The Bulletin summarizes pertinent provisions of Federal law related to special education, discusses how the special education process and information about disabilities may be useful in juvenile delinquency proceedings, and examines special education in the context of juvenile and adult institutions.



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Special Education and the Juvenile Justice System Juvenile Justice Bulletin July 2000