Analysis of Analysis of Education Education Policies in Policies in Juvenile Juvenile

CorrectionsCorrectionsTECBD Annual ConferenceTECBD Annual Conference

Tempe, AZTempe, AZNovember 18-20, 2004November 18-20, 2004

Candace Cutting, Rob Bartolotta, Lucky Mason, Candace Cutting, Rob Bartolotta, Lucky Mason, Mike Wilson, & Peter LeoneMike Wilson, & Peter Leone

Education Policy AnalysisEducation Policy Analysis

Purpose: Purpose: • Examine education statutes and policies Examine education statutes and policies

for juvenile corrections across statesfor juvenile corrections across states

Rationale:Rationale:• Awareness of inadequacy of education in Awareness of inadequacy of education in

many juvenile correctional facilities and many juvenile correctional facilities and systemssystems

• Education as rehabilitationEducation as rehabilitation• Era of accountability and standards in Era of accountability and standards in

educationeducation

BackgroundBackground No Child Left Behind No Child Left Behind (Leone & Cutting, 2004)(Leone & Cutting, 2004)

• Teacher quality, AYP, curriculumTeacher quality, AYP, curriculum• Title I- N&D provides funding for juvenile Title I- N&D provides funding for juvenile

correctionscorrections

Class Action Litigation Class Action Litigation ((www.edjj.orgwww.edjj.org; Meisel & Leone, in press); Meisel & Leone, in press)• More than 20 states during the past 25 yearsMore than 20 states during the past 25 years• Constitutional & statutory challenges (IDEA) Constitutional & statutory challenges (IDEA)

CRIPA by US DOJ CRIPA by US DOJ

US DOJ Investigations US DOJ Investigations (CRIPA)(CRIPA) ((http://www.usdoj.gov/crt/split/index.htmlhttp://www.usdoj.gov/crt/split/index.html)) • Investigations of inadequate and inappropriate Investigations of inadequate and inappropriate

conditions, including education servicesconditions, including education services

Research QuestionsResearch Questions

What statutes or policies govern What statutes or policies govern education services for incarcerated education services for incarcerated youth?youth?

What administrative arrangements exist What administrative arrangements exist for education services in juvenile for education services in juvenile corrections?corrections?

Who provides education services for Who provides education services for youth in juvenile corrections?youth in juvenile corrections?

Research QuestionsResearch Questions To what extent do the policies To what extent do the policies

governing juvenile justice education governing juvenile justice education require the provision of educational require the provision of educational services to be on par with those of services to be on par with those of public high schools?public high schools?

Do policies regarding provision of Do policies regarding provision of services appear to differ according services appear to differ according to state involvement in civil action to state involvement in civil action suits and/or federal investigations? suits and/or federal investigations?

SampleSample

Proposed sample includes all 50 U.S. Proposed sample includes all 50 U.S. states and the District of Columbia.states and the District of Columbia.

Currently, we have collected data on Currently, we have collected data on 33 states.33 states.

Extent of the data collected thus far Extent of the data collected thus far vary by state and topic.vary by state and topic.

ProceduresProcedures

Six graduate students reviewed statutes Six graduate students reviewed statutes by state, via web.by state, via web.

Keyword searches within juvenile justice, Keyword searches within juvenile justice, education, and family services statutes.education, and family services statutes.

Conducted searches of state Departments Conducted searches of state Departments of Education and Juvenile Services of Education and Juvenile Services websites.websites.

Civil litigation data were retained from Civil litigation data were retained from the EDJJ Database.the EDJJ Database.

Procedures (cont.)Procedures (cont.)

Reviewed the Department of Justice Division of Reviewed the Department of Justice Division of Civil Rights & Special Litigations website.Civil Rights & Special Litigations website.

Other data sources include: NCES, NCJJ, Dept. Other data sources include: NCES, NCJJ, Dept. of Education, phone calls and emails to state of Education, phone calls and emails to state Departments of Juvenile Services.Departments of Juvenile Services.

Relevant data are collected in electronic and Relevant data are collected in electronic and hard copy format including data source hard copy format including data source information.information.

At the conclusion of data collection, 33% of At the conclusion of data collection, 33% of states are randomly selected for reliability states are randomly selected for reliability checks.checks.

Compulsory Compulsory AttendanceAttendance

and and Education Provision Education Provision

in Juvenile in Juvenile Corrections StatutesCorrections Statutes

Our Observations: Our Observations: Compulsory School Compulsory School

AttendanceAttendance Comparison of state statutes & Comparison of state statutes &

national datanational data Variability depending on data sourceVariability depending on data source Where there are differences, the state tends to Where there are differences, the state tends to

have more conservative informationhave more conservative information Begin earlier or end later (or both)Begin earlier or end later (or both)

Most states set school ages 7-16Most states set school ages 7-16 Some begin as early as age 5 and some end as late Some begin as early as age 5 and some end as late

as age 18as age 18 Compulsory school attendance does NOT require Compulsory school attendance does NOT require

graduationgraduation Many states provide provisions for early leaversMany states provide provisions for early leavers In Montana, a student can leave at age 16, or at the In Montana, a student can leave at age 16, or at the

completion of the 8completion of the 8thth grade grade

States with a States with a Juvenile Corrections Education Provision:Juvenile Corrections Education Provision:

AlabamaAlabama AlaskaAlaska ArizonaArizona CaliforniaCalifornia ConnecticutConnecticut DelawareDelaware FloridaFlorida IdahoIdaho IllinoisIllinois KentuckyKentucky

LouisianaLouisiana MarylandMaryland MichiganMichigan MontanaMontana NebraskaNebraska New YorkNew York OhioOhio PennsylvaniaPennsylvania Virginia Virginia

Compulsory Attendance Compulsory Attendance in Juvenile Correctionsin Juvenile Corrections

States with noStates with no

Education Education ProvisionsProvisions

in Juvenile in Juvenile Statutes:Statutes:

KansasKansas MaineMaine MissouriMissouri North CarolinaNorth Carolina NevadaNevada New HampshireNew Hampshire

Interesting Points:Interesting Points: Florida “Florida “strongly encouragesstrongly encourages

juveniles placed in a high risk juveniles placed in a high risk residential, a maximum risk residential, a maximum risk residential, or a residential, or a serious/habitual offender serious/habitual offender program to participate in an program to participate in an educational or career-related educational or career-related program” program”

Kansas does not require school Kansas does not require school (Commissioner may enter into (Commissioner may enter into contract with school district or contract with school district or other service)other service)

A typical school day…A typical school day… In many states, the length of the school day In many states, the length of the school day

and school year in juvenile corrections and school year in juvenile corrections matches the public schoolsmatches the public schools Virginia requires that juvenile corrections Virginia requires that juvenile corrections

schools match the public school requirementschools match the public school requirement

ExceptionsExceptions Arizona administers school year-roundArizona administers school year-round Delaware requires 35 more days in the juvenile Delaware requires 35 more days in the juvenile

corrections school yearcorrections school year Missouri statute only requires public schools to Missouri statute only requires public schools to

be open for 3 hours, while juvenile corrections be open for 3 hours, while juvenile corrections schools must be open for 6 hours schools must be open for 6 hours

California requires juvenile court school every California requires juvenile court school every weekday of the calendar year, except holidays weekday of the calendar year, except holidays and inservices approved by the school boardand inservices approved by the school board

Curriculum and Teacher Curriculum and Teacher CertificationCertification

What are the goals of the What are the goals of the educational programs for youth in educational programs for youth in

juvenile corrections?juvenile corrections?

““...contribute to the overall desired ...contribute to the overall desired result, namely reduced recidivism, result, namely reduced recidivism,

preferably coupled with further preferably coupled with further education and enhanced education and enhanced

employability after release of these employability after release of these offenders.” Coffey & Gemignani offenders.” Coffey & Gemignani

(1994)(1994)

Curriculum and Curriculum and StandardsStandards

There is evidence to suggest that education in There is evidence to suggest that education in juvenile corrections should be provided on ajuvenile corrections should be provided on acontinuum, with a variety of educational continuum, with a variety of educational

optionsoptions (Coffey & Gemignani, 1994; Gagnon & Mayer, (Coffey & Gemignani, 1994; Gagnon & Mayer, 2004)2004)

High School DiplomaHigh School Diploma Return to Public SchoolReturn to Public School Complete Diploma Requirements Within FacilityComplete Diploma Requirements Within Facility

GED Preparation/Completion GED Preparation/Completion

Vocational Preparation/TrainingVocational Preparation/Training

Curricular OptionsCurricular Options Of 14 states examined, 9 states align with Of 14 states examined, 9 states align with

state standards or community curriculumstate standards or community curriculum

9 states offer GED as well as Diploma9 states offer GED as well as Diploma

Connecticut uses a statewide curriculum in Connecticut uses a statewide curriculum in their Training School. Diplomas are issued their Training School. Diplomas are issued by the child’s local school district.by the child’s local school district.

““Classes taken by Arizona DJC youth apply Classes taken by Arizona DJC youth apply toward a regular high school or eighth-grade toward a regular high school or eighth-grade diploma, but the Department also diploma, but the Department also encourages youth who are eligible to obtain encourages youth who are eligible to obtain a GED.” a GED.” (ADJC website http://www.juvenile.state.az.us/FAQ.htm)(ADJC website http://www.juvenile.state.az.us/FAQ.htm)

Vocational TrainingVocational Training

Only four states out of fourteen mandate that Only four states out of fourteen mandate that vocational opportunities be providedvocational opportunities be provided

Three of these states (Kentucky, Virginia, and Three of these states (Kentucky, Virginia, and Illinois) provide their educational services within Illinois) provide their educational services within a Dept. of Corrections or Dept. of Juvenile Justicea Dept. of Corrections or Dept. of Juvenile Justice

FloridaFlorida Statute 1003-52 (6) Statute 1003-52 (6) states “The educational states “The educational program shall consist of appropriate basic program shall consist of appropriate basic academic, career, or exceptional curricula and academic, career, or exceptional curricula and related services which support the treatment related services which support the treatment goals and reentry and which may lead to goals and reentry and which may lead to completion of the requirements for receipt of a completion of the requirements for receipt of a high school diploma or its equivalent”high school diploma or its equivalent”

Teacher CertificationTeacher CertificationNo Child Left Behind (2001) mandates No Child Left Behind (2001) mandates

“Highly Qualified Teachers”“Highly Qualified Teachers”

7 states clearly require certified teachers7 states clearly require certified teachers Connecticut’s policy (while not included in State Connecticut’s policy (while not included in State

Code) is to employ teachers certified in special Code) is to employ teachers certified in special education for juvenile corrections positionseducation for juvenile corrections positions

3 states do not specify their requirements 3 states do not specify their requirements for teachersfor teachers

What if services are being provided by a What if services are being provided by a private provider?private provider?

What we’ve learned so What we’ve learned so farfar

There appears to There appears to be legislative and be legislative and regulative regulative variability across variability across states concerning states concerning education in education in juvenile correctionsjuvenile corrections

Inconsistency Inconsistency within stateswithin states

Regulations contain Regulations contain both mandatory and both mandatory and permissive permissive language language concerning concerning requirements for requirements for schools in secure schools in secure settingssettings

Vague language Vague language lends to ambiguity lends to ambiguity

Little evidence that NCLB is reflected in Little evidence that NCLB is reflected in statutes or regulationsstatutes or regulations

In some states, there is a lack of In some states, there is a lack of educational options for youth in juvenile educational options for youth in juvenile corrections. corrections.

Teacher certification requirements are Teacher certification requirements are largely unclear, and may not reflect the largely unclear, and may not reflect the unique needs of the youth servedunique needs of the youth served

Next stepsNext steps

Complete data collectionComplete data collection

Examine policies in states with and Examine policies in states with and without a history of class action without a history of class action litigation involving education issueslitigation involving education issues

Examine state policies in jurisdictions Examine state policies in jurisdictions that report high levels of service that report high levels of service delivery to students with disabilitiesdelivery to students with disabilities

Use policy analysis to Use policy analysis to

promote comprehensive promote comprehensive

education services in education services in

detention centers, and detention centers, and

private and public private and public

operated residential operated residential

facilitiesfacilities

Educating the public - Educating the public - creating self-interest creating self-interest

argumentsarguments• Using policy analysis to identify gaps Using policy analysis to identify gaps

in entitlements and services.in entitlements and services.

• Link comprehensive public-school Link comprehensive public-school

linked standards for juvenile linked standards for juvenile

corrections to economic and safety corrections to economic and safety

interests of the community and stateinterests of the community and state