NCJ Number
222955
Journal
Corrections Today Volume: 70 Issue: 1 Dated: February 2008 Pages: 28,29,30,46
Date Published
February 2008
Length
4 pages
Annotation
This article discusses compliance with Federal legislation that governs the delivery of education in confinement facilities.
Abstract
This Federal legislation includes the Individuals with Disabilities Education Improvement Act (IDEA) of 2004, the No Child Left Behind Act (NCLB) of 2001, and the Family Educational Rights and Privacy Act (FERPA). IDEA requires confinement education programs to provide appropriate special education services for children with a disability. Obstacles to achieving this in confinement education programs include lack of information about the law's requirements, funding, staff resources, the involvement of parents and public-school personnel, knowledge of the student's previous placement, and planning for placement in the student's transition into the community after release. For most programs, overcoming the obstacles to implementing IDEA will require a design change of all or part of the current school program. NCLB intends to close the achievement gap between disadvantaged and minority students and their peers. The four principles of NCLB are stronger accountability for results, increased flexibility and local control, expanded options for parents, and an emphasis on research-based teaching methods that work. Holding confinement education programs to the adequate yearly progress standards is unrealistic. In addition, the student's involvement with the juvenile justice system trumps parental choice for schools that do not meet adequate yearly progress. Because of their unique context, education programs in confinement facilities should be exempt from highly qualified teacher requirements, State assessment testing, and adequate yearly progress requirements. FERPA protects the privacy of students by limiting who can have access to students' education records without parental consent and by giving parents the right to access and amend their children's education records. This article discusses the implications of FERPA for the transfer of educational records when juveniles make a transition from confinement into the community. 6 notes