Some Provisions of IDEA that Govern

Provision of Special Education in Juvenile Corrections Facilities

The short summary: IDEA applies to students with disabilities who are incarcerated in juvenile justice facilities. Even provisions like LRE (§§ 300.550 - 300.556) apply, except that the "general education placements" would be the "general education classrooms" in the juvenile justice facility. Below are some of the provisions that apply to the way in which states may arrange the provision of special education in these facilities. There is enough variation allowed that it is important for those interested in working with these systems in a given state to understand how the particular arrangement of services and delivery methods works.

The provisions below address governance and responsibility for special education programs in juvenile justice settings. Each section (subject heading in bold) summarizes the provision and the provision itself is reproduced (in Arial Font, 10 point), framed by with horizontal lines.

Applicability of IDEA to Juvenile Justice Facilities - §300.2(b)(1)(iv) & (b)(2) -[IDEA applies to all public entities in a state involved in educating children with disabilities, including juvenile and adult correctional facilities.]

§300.2 Applicability of this part to State, local, and private agencies.

(a) States. This part applies to each State that receives payments under Part B of the Act.

(b) Public agencies within the State. The provisions of this part-

(1) Apply to all political subdivisions of the State that are involved in the education of children with disabilities, including -

(i) The State educational agency (SEA);

(ii) Local educational agencies (LEAs), educational service agencies (ESAs), and public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA;

(iii) Other State agencies and schools (such as Departments of Mental Health and Welfare and State schools for children with deafness or children with blindness);

(iv) State and local juvenile and adult correctional facilities; and

(2) Are binding on each public agency in the State that provides special education and related services to children with disabilities, regardless of whether that agency is receiving funds under Part B.

State Advisory Panels Membership & Juvenile Justice Agencies: §300.651(a)(10) [A State advisory panel must include a representative of the juvenile justice corrections agency.]

§300.651 Membership.

(a) General. The membership of the State advisory panel must consist of members appointed by the Governor, or any other official authorized under State law to make these appointments, that is representative of the State population and that is composed of individuals involved in, or concerned with the education of children with disabilities, including -...

(10) Representatives from the State juvenile and adult corrections agencies.

Potential Fiscal Resources: §622(d) [§611 "sliver" subgrants to support expansion or implementation of interagency agreements (e.g., for the provision of Special Education in JJ facilities).]

§300.622 Subgrants to LEAs for capacity-building and improvement.

In any fiscal year in which the percentage increase in the State's allocation under 611 of the Act exceeds the rate of inflation (as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor), each State shall reserve, from its allocation under 611 of the Act, the amount described in §300.623 to make subgrants to LEAs, unless that amount is less than $100,000, to assist them in providing direct services and in making systemic change to improve results for children with disabilities through one or more of the following:

(a) Direct services, including alternative programming for children who have been expelled from school, and services for children in correctional facilities, children enrolled in State-operated or State-supported schools, and children in charter schools...

(d) Establishing, expanding, or implementing interagency agreements and arrangements between LEAs and other agencies or organizations concerning the provision of services to children with disabilities and their families.

Transfer of Rights at the Age of Majority: See 300.517 [Transfer of rights provisions apply to children in juvenile corrections facilities, conditioned by state rules that apply to all children.]

§300.517 Transfer of parental rights at age of majority.

(a) General. A State may provide that, when a student with a disability reaches the age of majority under State law that applies to all students (except for a student with a disability who has been determined to be incompetent under State law)-

(1)(i) The public agency shall provide any notice required by this part to both the individual and the parents; and

(ii) All other rights accorded to parents under Part B of the Act transfer to the student; and

(2) All rights accorded to parents under Part B of the Act transfer to students who are incarcerated in an adult or juvenile, State or local correctional institution.

(3) Whenever a State transfers rights under this part pursuant to paragraph (a)(1) or (a)(2) of this section, the agency shall notify the individual and the parents of the transfer of rights.

(b) Special rule. If, under State law, a State has a mechanism to determine that a student with a disability, who has reached the age of majority under State law that applies to all children and has not been determined incompetent under State law, does not have the ability to provide informed consent with respect to his or her educational program, the State shall establish procedures for appointing the parent, or, if the parent is not available another appropriate individual, to represent the educational interests of the student throughout the student's eligibility under Part B of the Act.

Interagency Agreements: §300.600(a) [SEAs are responsible for ensuring FAPE; and 300.600(b) states "comply through State statute, State regulation, signed agreement..."]

§300.600 Responsibility for all educational programs.

(a) The SEA is responsible for ensuring-

(1) That the requirements of this part are carried out; and

(2) That each educational program for children with disabilities administered within the State, including each program administered by any other State or local agency-

(i) Is under the general supervision of the persons responsible for educational programs for children with disabilities in the SEA; and

(ii) Meets the education standards of the SEA (including the requirements of this part).

(b) The State must comply with paragraph (a) of this section through State statute, State regulation, signed agreement between respective agency officials, or other documents.

(c) Part B of the Act does not limit the responsibility of agencies other than educational agencies for providing or paying some or all of the costs of FAPE to children with disabilities in the State.