Children With Disabilities in Juvenile Court

• NCJ Number: 205076
• Author(s): C. Kevin Morrison
• Date Published: November 2003
• Length: 28 pages
• Grant Number(s): 2002-MU-MU-0003
• Sponsoring Agency: Office of Juvenile Justice and Delinquency Prevention (OJJDP)
• Corporate Author: American Prosecutors Research Institute
• Sale Source: American Prosecutors Research Institute
• Publication Format: Document
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America
• Note: APRI Special Topics Series

Annotation

This booklet examines the implications of the provisions of the Federal Individuals With Disabilities Education Act (IDEA) for the prosecution of juveniles with disabilities.

Abstract

The core requirement of the IDEA is that every school system that receives Federal funds must provide for every eligible disabled child between the ages of 3 and 21 a "free appropriate public education" (FAPE). In achieving this, schools are required to identify students with disabilities and develop an individualized educational program (IEP) that takes into account particular disabilities. One procedural innovation mandated by the 1997 IDEA Amendments is the requirement that States establish a mediation program to resolve parental objections to any action taken under the IDEA. The mediation must be voluntary and may not require waiver of any right, including the right to bring a Federal court action, as a condition of mediation. Perhaps most important for the juvenile prosecutor, everything said during the mediation is confidential and cannot be used as evidence in any subsequent proceeding. This provision might well prohibit any evidence arising out of the mediation from being used in a subsequent delinquency proceeding. Another set of procedural requirements in the IDEA, those governing discipline of disabled children, could have a significant effect on the juvenile prosecutor. The limitations the IDEA imposes on schools' ability to discipline disabled youth have led many defense attorneys to argue that juvenile proceedings initiated by school districts or based on crime reports by school districts are barred as improper discipline under the IDEA. Court cases have established, however, that the IDEA does not exempt a child with disability from State laws that govern juvenile delinquency or from the jurisdiction of the juvenile courts. The IDEA only requires that the disabled child's education not be interrupted by the disciplining of any behavior that is a manifestation of a disability. This means that any disposition that holds a disabled juvenile accountable for actions that stem from his/her disability must include the provision of an IEP that maximizes educational opportunities for disabled youths who are under the jurisdiction of the juvenile justice system. 83 notes