How is teaching in a juvenile correction setting different from teaching in a public school setting?
Page 3: Instructional and Behavioral Challenges
Earlier in this module, you learned about some of the factors affecting the provision of effective instruction in JC settings. In addition to these, youth enter JC facilities with a number of behavioral, academic, and mental health challenges that further affect instruction. The table below highlights some of the more common academic and behavioral challenges that teachers in JC settings can expect to encounter. As you read about them, keep in mind that academic and behavioral issues are often intertwined. Students who struggle academically might act out due to frustration or to avoid an instructional task. In turn, students’ behavioral issues can interfere with learning.
| Challenges | |
| Academic | Behavioral |
For many youth, their academic histories indicate that they:
|
Many of these youth lack interpersonal problem-solving skills, which results in:
|
Providing effective instruction is further complicated by the fact that a large percentage of youth in JC settings have disabilities. Although many estimates fall within the 30–60% range, some approximates are as high as 85%. This means that in a class of 15 students, anywhere from 5 to 13 of those students are likely to have a disability. The table below describes the most common disabilities among students in JC settings.
| Common Disabilities in JC Settings | |
| Disability | Characteristics Relevant to JC Settings |
| Specific Learning Disability (SLD) |
x
specific learning disability (SLD) Any one of a variety of disorders characterized by a difficulty or delay in the development of the ability to learn or use information. Students typically have average intelligence but process information in a way that results in learning challenges in reading, writing, mathematics, listening, speaking, or reasoning. |
| Emotional or Behavioral Disorder (ED, BD, or EBD) |
x
emotional or behavioral disorder (EBD) A condition of disruptive or inappropriate behaviors that interferes with a student’s learning, relationships with others, or personal satisfaction to such a degree that intervention is required. Students typically are unable to create or maintain healthy relationships, they display inappropriate behaviors, or experience general unhappiness or depression that interferes with their learning. Students might be diagnosed as having one or more of the following disorders: anxiety, bipolar disorder, conduct disorder, eating disorder, obsessive-compulsive disorder, and psychotic disorders. |
| Intellectual Disability (ID) |
x
intellectual disability (ID) A disability characterized by significant intellectual impairment and deficits in adaptive functioning that occurs in the developmental period (before the age of eighteen) and has adverse effects on education. Students have below-average intelligence, in conjunction with deficits in daily living, communication, and social skills, which can affect learning and other developmental areas (e.g., movement, language). |
| Attention Deficit Hyperactivity Disorder (ADHD) |
x
attention deficit hyperactivity disorder Any of a range of behavioral disorders in children characterized by symptoms that include poor concentration, an inability to focus on tasks, difficulty in paying attention, and impulsivity. Students typically display inattentive, hyperactive, or impulsive behaviors. More specifically, they have difficulty focusing, following directions, completing assignments or projects, taking turns, waiting, or sitting still. |
By law, students with disabilities are entitled to the same high-quality education as are students without disabilities. Under the Individuals with Disabilities Education Act of 2004 (IDEA), a law that governs special education services for youth with disabilities, JC facilities are obligated to ensure the provision of a free appropriate public education (FAPE) to students with disabilities in the least restrictive environment (LRE). Several of the provisions of IDEA as they pertain to JC settings are summarized below.
The Individuals with Disabilities Education Act (IDEA ‘04)
Name given in 1990 to the Education for All Handicapped Children Act (EHA) and used for all reauthorizations of the law that guarantees students with disabilities the right to a free appropriate education in the least-restrictive environment.
free appropriate public education (FAPE)
A provision of IDEA ensuring that students with disabilities receive necessary education and services without cost to the child or family.
least restrictive environment (LRE)
One of the principles outlined in the Individuals with Disabilities Education Act requiring that students with disabilities be educated with their non-disabled peers to the greatest appropriate extent.
As outlined in IDEA, child find is a requirement that all students with disabilities—including those in JC settings—be identified, located, and evaluated. JC settings must have procedures in place to identify and evaluate youth who have a disability or are suspected of having a disability. The timely exchange of records, including individualized education programs (IEP), between public schools and juvenile justice facilities can facilitate this process.
FAPE refers to the responsibility that JC facilities have to provide all students with disabilities an education that is appropriate for their individual needs. The student’s IEP describes what type(s) of instruction and support are appropriate for his or her education. Least restrictive environment, or LRE, does not mean youth with disabilities cannot be incarcerated. Rather, LRE refers to the student’s participation in classes with peers who do not have disabilities. It also applies to the manner in which instruction is delivered. For example, if a student learns best in a small-group setting, that instructional setting needs to be made available to that student.
IDEA requires the creation and implementation of an IEP for every student who qualifies for special education services. An additional requirement is parent or guardian participation in the development of the student’s IEP, whenever possible. When a student’s IEP arrives with the school record, teachers in JC settings might be most interested in the student’s:
- Present levels of performance
- Measurable annual goals
- Related services
- Accommodations
- Transition plan
accommodation
Service or support related to a student’s disability that allows her or him to fully access a given subject matter and to accurately demonstrate knowledge without requiring a fundamental alteration to the assignment’s or test’s standard or expectation.
transition plan
A part of a student’s individualized education program (IEP) that outlines the services and supports a student will need to make a smooth transition from high school to post high school settings in the areas of education/training, employment, and independent living (if necessary and appropriate).
In the case of students whose disabilities are identified while in juvenile corrections, an IEP must be developed. This can prove challenging due to limited resources and a lack of personnel with the expertise necessary to individualize instruction. Another difficulty is including parents or guardians in the IEP process because of time constraints and physical distances. Although many youth are wards of the state, their parents retain educational rights. However, many barriers to parental participation exist, among them substantial distances between their place of residence and the corrections facility, an inability to take off work to attend meetings, and a shortage of reliable transportation.
ESEA/ESSA
Juvenile correctional facilities that administer programs under Title 1, Part D of the Elementary and Secondary Education Act (ESEA) must ensure that youth, including those with disabilities, have access to the same challenging academic content standards and curriculum as do their peers enrolled in public schools. Additionally, these facilities are obligated to follow the educational recommendations in a student’s existing IEP and to notify the local school district if a student has been identified, while in the JC facility, as being eligible for special education services. These expectations will continue under the Every Student Succeeds Act (ESSA), a reauthorization of ESEA, which will take effect in fall 2017.
Title 1, Part D of the Elementary and Secondary Education Act (ESEA)
Also known as The Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent or At Risk. The primary goals are to:
- Improve educational services to ensure that neglected, delinquent, or at risk youth have the opportunity to meet challenging state academic content and achievement standards
- Provide services to help this population have successful transitions from a correctional or institutional setting to further schooling or employment environments
- Prevent at-risk youth from dropping out of school, and/ or to provide dropouts or youth returning from correctional facilities with a support system to ensure their continued education
Federal Civil Rights Laws
Juvenile corrections facilities that receive any kind of federal funding must comply with federal civil rights laws, including those that prohibit discrimination based on race, color, national origin, sex, religion, and disability.
