21st Annual Robert E. Shepherd Jr.

Juvenile Law & Education Conference

In FY 2015, the average daily population in the juvenile correctional centers was 509.

The cities of Norfolk and Newport News had the highest number of commitments to the Department (38 and 30, respectively). 68 localities (51.1%) had no commitments.

There were 9,141 detainments of youth.

The highest number of detainments in FY 2015 were in Newport News Juvenile Detention Center (700).

The Need By The Numbers: Virginia

Citation: 2015 Data Resource Guide, Virginia Department of Juvenile Justice,http://www.djj.virginia.gov/pdf/AboutDJJ/DRG/FY2015_DRG.pdf

40% of the youth in juvenile correctional centers have identified special education needs.

In FY 2015, the highest SOL pass rate was 28.2% on the English SOL, and the lowest SOL pass rate was 7.2%.

80.8% of female and 63.1% of males appeared to have significant symptoms of a mental health disorder.

The Need By The Numbers: Virginia

Citation: 2015 Data Resource Guide, Virginia Department of Juvenile Justice,http://www.djj.virginia.gov/pdf/AboutDJJ/DRG/FY2015_DRG.pdf

Education Advocacy for Detained and Committed Youth : Issue

Total Inadequacy

Education Advocacy for Detained and Committed Youth : Legal Protections

The Individuals with Disabilities Education Act (IDEA), Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act are the foundation of protections for youth in juvenile facilities.

Youth with disabilities in juvenile facilities are entitled to receive a free appropriate public education (FAPE), and have the same disciplinary protections as other students, and the same right to participate in programming as their peers who do not have disabilities.

Investigation of the Scioto Juvenile Correctional Facility, Delaware, Ohio (2007)

Inadequate child find procedures

Inadequate parental involvement

Inadequate provision of transition services

Inadequate implementation and monitoring of IEPs

Education Advocacy for Detained and Committed YouthLegal challenges: DOJ Letter of Findings

Investigation of the Indianapolis Juvenile Correctional Facility (Jan. 2010)- Inadequate child find procedures- facility would give a

student a questionnaire asking whether they were in regular, advanced, or special education.

Inadequate general education interventions- no pre-referral interventions, data collection, or observations.

Inadequate IEPs- inadequate records obtained at intake, inadequate timeliness of IEP reviews, missing IEP team signatures, inadequate IEP implementation and data collection.

Education Advocacy for Detained and Committed YouthLegal challenges: DOJ Letter of Findings

Pendleton Juvenile Correctional Facility in Indiana (2012)- Inadequate transition planning for youth leaving the facility.

Inadequate child find

Inadequate access to general education and special education services- Providing school for only one hour per day for youth in behavior modification units (segregation units).

Inadequate student behavior services.

Education Advocacy for Detained and Committed YouthLegal challenges: DOJ Letter of Findings

G.F. v. Contra Costa County (2014) Case

A federal class-action complaint filed against Contra Costa County for subjecting youth with disabilities to solitary confinement for behavior related to their disability.

In addition, youth were denied special education, related services, and rehabilitation services while in solitary confinement.

Education Advocacy for Detained and Committed YouthLegal Challenges

“Despite their pronouncements to the contrary, Defendants, the Contra Costa County Office of Education and Contra Costa County, have a legal obligation to avoid placing students with disabilities in restrictive security programs on the basis of their disabilities. In addition, Defendants are required to provide special education and related services to youth with disabilities in restrictive security programs.” U.S. DOJ and U.S. DOE Statement of Interest

Education Advocacy for Detained and Committed YouthU.S. DOJ & DOE Statement of Interest in G.F. v. Contra Costa

“Public agencies cannot avoid their IDEA obligations, including the discipline procedures, by contracting, transferring them to, or sharing them with another agency. Therefore, we expect that correctional facilities will not use discipline methods that deprive eligible students with disabilities of FAPE.”

Dear Colleague Letter on the Individuals with Disabilities Education Act for Students with Disabilities in Correctional Facilities (2014)

Dear Colleague Letter on Correctional Education (2014)

Guiding Principles for Providing High-Quality Education in Juvenile Justice Secure Care Settings (2014)

Education Advocacy for Detained and Committed YouthUSDOJ & DOE Guidance

Education Advocacy for Detained and Committed Youth: School Re-Enrollment

• Virginia law and regulations require specific actions on the part of the Department of Juvenile Justice and school divisions to facilitate the timely re-enrollment of youth leaving juvenile correctional facilities and juvenile detention facilities after more than 30 days of confinement.

• Va. Code Section 16.1-293,

• Va. Code Section 22.1-17.1,

• 8 VAC 20-660-10

Education Advocacy for Detained and Committed Youth: School Re-Enrollment

• DJJ must let their education division (principal) know that a youth might be leaving 30 calendar days prior to their release or to the date of a review hearing.

• 25 calendar days prior to release or court review, the Division of Education must gather and transfer records to the local school division along with an overview of the re-enrollment process.

• The school division’s re-enrollment coordinator must schedule a meeting within 10 school days of receiving the information.

Education Advocacy for Detained and Committed Youth: School Re-Enrollment

• The re-enrollment meeting should include a re-enrollment team that includes the parent, youth, re-enrollment coordinator, school principal, parole officer, and a special education director if the student has a disability.

• A final re-enrollment plan shall be provided to the student, parent, and to all transition and re-enrollment members no later than 10 calendar days prior to release.

• The plan must make it possible for the student to be enrolled and receive instruction within 2 school days of release.

Administrative Advocacy: Reviews of Length of Stays

In August 2015, the Department of Juvenile Justice adopted new guidelines on the length of stay for youth who are indeterminately committed to the Department. The guidelines became effective on October 15, 2015.

While VA Code Section 16.1-285 permits the Department of Juvenile Justice to hold indeterminately committed youth for up to 36 months. The Department now follows guidelines that provide for youth to be held for up to 15 months with some exceptions.

Administrative Advocacy: Reviews of Length of Stays

There are mandatory case reviews by the central review committee required at the late release date for the juvenile;

Twelve months past the date of commitment for juveniles who have a sentence under the treatment override section of the guidelines;

Each indeterminately committed juvenile who remains in direct care for 15 months shall have their case reviewed by the Director of the Department.

Administrative Advocacy: Reviews of Length of Stays

Review re-entry options for your client.

Submit a letter to the central review committee and the Director on behalf of your client.

Refer your client’s case to the Children’s Defense Clinic or the JustChildren Program.

Advocacy at Serious Offender Review Hearings

• Under Va. Code Section 16.1-285.2, youth committed as serious offenders are given hearings in front of their committing court. The judge may consider “any factors the court deems relevant.”

• Request records from DJJ through Lara Jacobs Todd

• Ask for records that track your clients progress• Direct Care Admissions History Report• Classification & Treatment Team Records• Discipline Incident Reports• BADGE Records• Career & Technical Education Certificates

Advocacy at Serious Offender Review Hearings

• Schedule phone calls with your client through their DJJ counselor or schedule legal visits through Superintendent Parrish or Superintendent Vargas.

• Identify potential witnesses who have seen your client’s progress in the institution or are willing to support them upon release.

• If your client works in the institution or in the Work Education Release Program, encourage them to start paying off their restitution and court costs.

• Connect with a reentry specialist and the client’s parole officer to nail down their reentry plan if the client wants to ask for release.

Advocacy for Independent Living Services

• Under Virginia Code Section 63.2-905.1, youth ages 18-21 who were in the custody of the Department of Social Services (DSS) immediately prior to their commitment to DJJ are eligible to receive independent living service from their local DSS.

• Each DSS has a different process or requirements for initiating services, so its important to contact them or have your client write them a letter requesting services and additional information.

Jeree Thomas, Esq.

JustChildren Program, Legal Aid Justice Center

123 East Broad Street, Richmond, VA 23219

jeree@justice4all.org

804-521-7310