Special Education and the Juvenile Justice System. Juvenile Justice Bulletin.Report as inadecuate

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This bulletin summarizes provisions of federal law as they pertain to special education and juvenile justice. It discusses provisions of the Individuals with Disabilities Education Act 1997 including: the definition of disability; free appropriate public education; identification, referral, and evaluation; the individualized education program (IEP); special education and related services, due process protections, and the "stay put" rule (that a student should usually stay in his/her current educational placement pending any court proceedings). The bulletin goes on to discuss special education in juvenile delinquency cases specifically, including intake and initial interviews; determination of whether formal juvenile proceedings should go forward; detention; waiver or transfer to adult criminal court; evidentiary issues (insanity, incompetence, intent to commit the offense, and confessions); and disposition. The final section considers youth with disabilities in institutional settings. Topics covered include identification of youth with disabilities in institutional settings, evaluation, interim services and implementation of the IEP, integration with nondisabled students, discriminatory disincentives, due process protections for confined youth, special education in lockdown and other restricted settings, and youth with disabilities convicted in adult criminal court and incarcerated in prison. A list of online resources is attached. (Contains 35 references.) (DB)

Descriptors: Civil Liberties, Court Litigation, Definitions, Delinquency, Disabilities, Disability Identification, Due Process, Federal Legislation, Individualized Education Programs, Institutionalized Persons, Juvenile Justice, Special Education, Student Placement, Student Rights

Juvenile Justice Clearinghouse, P.O. Box 6000, Rockville, MD 20849-6000. Tel: 800-638-8736 (Toll Free).

Author: Burrell, Sue; Warboys, Loren

Source: https://eric.ed.gov/?q=a&ft=on&ff1=dtySince_1992&pg=9827&id=ED450515

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