The IDEA of an Adequate Education for All: Ensuring Success for Incarcerated Youth with Disabilities

42 J. of Law & Educ. 227 (2013).

48 Pages Posted: 17 Oct 2019

See all articles by Jennifer A.L. Sheldon-Sherman

Jennifer A.L. Sheldon-Sherman

United States Court of Appeals; Stanford Law School; University of Kansas

Date Written: 2013

Abstract

This article focuses on the education of youth with disabilities in the juvenile justice system, with particular emphasis on the role of litigation in reforming educational services for incarcerated youth. Through an analysis of California’s response to the Farrell v. Tilton litigation, this article evaluates how a state with double the national average youth incarceration rate reformed its juvenile justice system to ensure that youth, particularly those with disabilities, receive their legally entitled education. Because California’s juvenile justice system mirrors many states in routinely denying educational access to youth with disabilities, this article also argues that Farrell’s lessons can provide valuable insight into reforming juvenile justice across the country.

Part II outlines the federal and state laws regarding special education services for incarcerated youth with disabilities. Part III discusses the particular difficulties of educating youth with disabilities in correctional facilities. Part IV focuses on California’s juvenile justice system, discussing the status of youth with Individualized Education Programs (“IEPs”) before Farrell was filed and analyzing California’s response to the Farrell litigation through the court-ordered consent decree and remediation plans. Part V evaluates California’s progress since the implementation of the remedial plans. Part VI analyzes the efficacy of consent decrees in effecting systemic educational change within correctional facilities, hypothesizing how California’s success can be a model for other states to improve the education of juvenile offenders.

Keywords: disabilities, education, special education, incarcerated youth, juvenile justice, consent decree, remediation plans

Suggested Citation

Sheldon-Sherman, Jennifer, The IDEA of an Adequate Education for All: Ensuring Success for Incarcerated Youth with Disabilities (2013). 42 J. of Law & Educ. 227 (2013)., Available at SSRN: https://ssrn.com/abstract=3466364

Jennifer Sheldon-Sherman (Contact Author)

United States Court of Appeals ( email )

Stanford Law School

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

University of Kansas

Lawrence, KS 66045
United States

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