NCJ Number
183505
Date Published
2000
Length
10 pages
Annotation
After an overview of students with disabilities, this paper discusses their prevalence within the juvenile justice system, outlines the law that governs the services they receive from public schools, and identifies some areas of concern that lawyers, judges, court personnel, and mental health professionals should keep in mind.
Abstract
The first section of the paper discusses the background and structure that govern special education law and then focuses on three primary aspects of special education: eligibility, programming, and discipline. The educational rights of children with disabilities are created and protected by a Federal law, the Individuals with Disabilities Education Act (IDEA), which counters a long history of schools excluding disabled children from the classroom and segregating these children from their nondisabled peers. Among IDEA's many purposes are to ensure "that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet each child's unique needs." The law contains a specific list of recognized disabilities and criteria that students must meet in order to receive special education services. A psychiatric diagnosis, by itself, is not enough to guarantee services for a child. To receive special education services, a student must first be formally evaluated by school personnel. The individualized educational program, which is the centerpiece of each disabled child's education, is developed by a team composed of the parent, regular and special education teachers, local educational agency representatives, and where appropriate, the disabled child. The last section of this paper focuses on areas of special concern in providing educational services to disabled juveniles in the juvenile justice system. Issues discussed are children in need of supervision, delinquent behavior in school, the ability of disabled juveniles to understand the Miranda warnings, competency to stand trial, and the management of disabled offenders in the juvenile justice system in general. 8 references and 3 suggested readings