Addressing the Needs of Youth in Juvenile Justice Systems

1. Addressing the Needs of Youth in Juvenile Justice Systems October 26, 2004 Dr. Bill East, Executive Director National Association of State Directors of Special Education bill.east@nasdse.org www.nasdse.org

2. Mental Health and Juvenile Justice • Congressional investigators report 15,000 children with psychiatric conditions were improperly incarcerated when mental health services were not available. • These children were as young as 7 years old. Source: New York Times (2004)

3. Mental Health and Juvenile Justice • More than 340 detention centers reported that children with mental illness were being housed there as there was nowhere else for them to go. • 71 centers in 33 states were holding children with psychiatric conditions with no charges. Source: New York Times (2004)

4. Juvenile Crime Statistics

5. Students with Disabilities and Juvenile Justice • Research suggests the prevalence of special education disabilities is about 4 to 5 times greater in the juvenile justice system than the rate of special education disabilities in the general population. • Approximately 30-50% of youth in the correctional system have a disability. Source: Rutherford, Bullis, Anderson and Griller-Clark (2002)

6. Increase in Juvenile Population Source: Office of Juvenile Justice and Delinquency Prevention

7. National Resources • Office of Juvenile Justice and Delinquency Prevention (OJJDP) • www.ojjdp.ncjrs.org • National Center on Education, Disability and Juvenile Justice (EDJJ) • www.edjj.org • National Center for Mental Health and Juvenile Justice (NCMHJJ) • www.ncmhjj.com

9. Juvenile Education Initiative:A Successful Model Addressing Educationfor Special Education and “At Risk” Youth Marcia Harding, Director Special Education Unit Arkansas Department of Education 1401 West Capitol, Suite 450 Little Rock, AR 72201-2936 501-682-4221/mharding@arkedu.k12.ar.us October 26, 2004

10. “Research and best practices initiatives are contributing to improved practices in juvenile justice. As we continue to learn more about the causes and correlations of delinquency, we are developing a better understanding of how programs and services can help youth. Education is one of these critical services and can assist a troubled youth to return to a law abiding lifestyle.” (Shay Bilchek, former administrator, OJJDP)

11. Detention Education vs. Corrections Education • Different purpose • Short lengths of stay vs. long term stay • Short term stays are difficult to measure effectiveness • No standard system of delivery Carol Cramer Brooks, President, Council for the Education of At Risk and Delinquent Youth, 2003

12. Detention Education Goals • Maximize learning and remedial opportunities for incarcerated youth • Provide wrap-around, holistic services through collaborative programs Carol Crammer Brooks, 2003

13. Detention Education - General Beliefs • Education is the cornerstone of institutional programs • The public school design and instructional strategies are not compatible with the needs of the typical juvenile justice populations • Detention Education programs are largely understaffed and under funded. • The public schools have generally abdicated their responsibility to fund and deliver effective education to youth who represent few redeeming qualities. Carol Crammer Brooks, 2003

14. Detention Education – A National Problem • Unregulated • Lack of consensus regarding purpose • Identity Crisis • Inappropriate model • Untrained and inappropriate staff Carol Crammer Brooks, 2003

15. Purpose of this Presentation • To briefly explain the history, regulations, and governance of educational programs in Juvenile Detention Centers in Arkansas • To explain the purpose of JEdI and show results of our studies

16. Arkansas Juvenile Detention Facilities Education • 1991- Juvenile Detention Facilities Review Commission set standards for programs. • Educational programs were originally the responsibility of Juvenile Justice. • 1995-Arkansas Department of Education became legally responsible for the reimbursement of educational services provided in juvenile detention facilities.

17. 2000 – IDEA - Section 18.03.3 defines Juvenile Detention Facility (JDF) Any facility operated by a political subdivision of the State for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent, who require secure custody in a physically restricting facility. Under Ark. Code Ann. 9-27-330(a)(11), such facility must provide educational and other rehabilitative services to adjudicated delinquents who may be ordered by the court to remain in the juvenile detention facility for an indeterminate period not to exceed Ninety (90) days.

18. 2001- Memorandum of Understanding Annual Program Approval Annual Budget Requests Attendance Reporting

19. Shareholders Juvenile Judges (45) And Juvenile Justice Programs Special Education Unit, DOE School Districts where JDFs are located County Governments, Quorum Courts, County Judges, County Sheriffs

20. JDF Classrooms / Educational Programs • 45 educators work with Arkansas’ incarcerated youth • Educational facilities range in size, number of classrooms, and resources • A variety of programs have been used to delivery services through the years: PACE, Plato, Nova Net, teacher made lesson plans, individual school lessons

21. The number of youth incarcerated in Arkansas JDFs August 2002 – July 2003 6,812 August 2003 – July 2004 8,213

22. August 2002 – July 2003 5,457 August 2003 – July 2004 6,340 Arkansas youth who attended class while incarcerated within the 15 Juvenile Detention Facilities

23. Juveniles of the JDF Classrooms 37% African American 56% Caucasian 5% Hispanic 1% Asian 1% Native American/Other Gender Race/Ethnicity 28%Female 72%Male

24. Our JDF Students are: • FINS or Delinquents • Between 10-18 years of age • 19%are Special Education students • Attend school 3-6 hours Monday – Friday • May attend school 9.5 to 12 months a year • Stay in the JDC an average of17 days • 29%are repeat offenders

25. Arkansas’ aggressive approach to providing a statewide quality educational program for its incarcerated and “at-risk” youth.

26. JEdI Project Goals • To ensure FAPE in every JDF (Free and Appropriate Public Education) • To ensure that Mathematics and Literacy (Reading) be given priority-as mandated by NCLB • To ensure that students in the JDF environment be physically tracked throughout their education • To ensure continuity of instruction as students pass into and out of JDF environments One unwritten goal is to compile data about our students so that better decisions can be made about future programs

27. Phases of JEdI Phase 1 - In 2001 a web based program was Piloted in Sebastian County JDC and all other JDFs were given software program SkillsBank4 Phase 2- In early 2003, all JDFs were required to submit demographic information and the results of SkillsBank interventions for a research project Phase 3- In 2003, JDFs began converting their system of delivering FAPE from SkillsBank to the web based program SkillsTutor. Phase 4- By May 2004, ten sites had become regional web sites. By November, 14 of the 15 JDFs will be regional sites. All sites are required to submit reports on www.arkjedi.com

28. JEdI is a two-way street at Regional SkillsTutor Sites • Juveniles currently residing in detention centers can be placed on our SkillsTutor programs and when released can continue on the program at school, home, libraries, etc. • “At Risk” and Special Education students from surrounding schools can be placed on the SkillsTutor program before they ever come to a JDF -- free of cost to their school

29. Academic Outcomes (Feb 2003 – August 2004)

30. Special Ed Outcomes (Feb 2003 – August 2004)

31. What JEdI has Accomplished • Implemented a remediation program in every JDF assuring FAPE • Contributed to the wrap-around service by improving the educational portion of the holistic approach- with continuity of education • Placed emphasis statewide on reading and math instead of trying to teach everything through traditional educational settings and methods (NCLB) • Regulated educational programs by increasing reporting requirements and adding a fulltime project coordinator to assist JDFs statewide

32. Helped JDFs change their overall educational goals by emphasizing that JDFs are short term stay facilities and different from long term correctional facilities that can offer a wide range of courses necessary for students to earn HS credit • Created a JEdI Website (www.arkjedi.com) and trained staff to perform online reporting to the DOE. • Helped to organize and network JDF teachers and provided training and the sharing of information • Provided a standard and successful system of delivery of educational programs while each detention center maintained its uniqueness

33. Sites to Visit • www.arkjedi.com- to find out what is happening with JDF Education and the short cut to the educational program • http://arksped.k12.ar.us- Arkansas Department of Education / Special Education • http://www.arkleg.state.ar.us/- Arkansas Legislative Home Page • http://www.arkleg.state.ar.us/NXT/gateway.dll?f=templates&fn=default.htm&vid=blr: code – Arkansas Code 6-20-104

34. Florida Department of Education Juvenile Justice Education Programs NASDSE Annual Conference October 26, 2004

35. Tropical Depression Bonnie Hurricane Charley Hurricane Frances Hurricane Ivan Hurricane Jeanne Florida’s 2004 Hurricane Season www.volunteerflorida.org

37. Florida’ Juvenile Justice Programs • Framework and Governance • DJJ Population Characteristics • Funding, Reporting, and Accountability Mechanism • Outcomes

38. Framework for DJJ Educational Programs • Florida has a law specific to DJJ educational programs (s. 1003.52, F.S.) that: • identifies educational expectations including supporting treatment goals and leading to the receipt of a standard diploma or its equivalent • requires annual quality assurance reviews with the Department of JJ • requires an annual cooperative agreement • specifies funding, reporting, and accountability mechanisms

39. Local Governance • Florida’s 67 local school districts • are responsible for providing education services to youth in juvenile justice facilities located in their district • may deliver education services directly or contract with a private provider • must fund these programs at same or higher level of funding than equivalent students in the district • must negotiate a cooperative agreement with DJJ on delivery of educational services

40. State Governance • The Department of Education (DOE) is serves as the lead agency for juvenile justice education programs. • DOE and the Department of Juvenile Justice have developed • cooperative agreement and plan for JJ education service enhancement • State Plan for Vocational Education for Youth in DJJ facilities • DOE produces and annual report on DJJ educational programs.

41. Juvenile Justice Population • In 2002-03, school districts provided educational services to a total of 46,322 students in juvenile justice facilities. • 76% male, 24% female • 73% were in grades 8-10, 41% in grade 9 • 70% were overage for grade placement • 38% were eligible for exceptional student education programs

42. Funding, Reporting, and Accountability • Funding • DJJ educational programs are funded to local school districts in the same manner as other public school students (Florida Education Finance Program). • The funding system includes a “hold harmless” for the “high cost” DJJ students with disabilities (weighted cost factors 254 and 255).

43. Funding, Reporting, and Accountability – cont. • Reporting • Student and teacher data regarding DJJ programs is submitted by local school districts on the same frequency as other public school students. • Additional data is also collected during annual quality assurance visits.

44. Funding, Reporting, and Accountability – cont. • Accountability • All academic requirements for low performing students also apply to DJJ students (e.g., academic improvement plans, etc.). • Participation in the statewide assessment program (FCAT) is also required. • DJJ programs were included in the state’s calculation of AYP. Some met AYP.

45. Funding, Reporting, and Accountability – cont. • DOE administers a discretionary project (Juvenile Justice Educational Enhancement Program (JJEEP)) to assist in the provision of high-quality education through • quality assurance reviews • provision of technical assistance • research in best practices • provision of policy recommendations to ensure successful transition back into community http://www.jjeep.org/

46. Quality Assurance Review Process • Examines juvenile justice education programs in four areas • Transition • Service Delivery • Educational Resources • Contract Management • Standards/indicators are revised annually by facility/program type • Detention • Day treatment • Residential commitment

47. Quality Assurance Ratings Scale Numerical ScoreRating 7,8,9 Superior Performance 4,5,6 Satisfactory Performance 1,2,3 Partial Performance 0 Nonperformance

49. Quality Assurance and Monitoring • The DJJ QA process includes the review of some of the requirements for students with disabilities. • Records of DJJ SWD’s are included in DOE’s system for monitoring programs for students with disabilities. • Have had a few IDEA complaints regarding services to these students filed within the past five years.

50. JJ Education Outcomes • 95.6% of 2002-03 juvenile justice education students taking the GED tests passed • 70% of the students were promoted at the end of the school year • 4.5% of students in grades 9-12 dropped out of school