Special Education in Adult Corrections Since IDEA 97 Regulations, issues, and one State’s response

What is Special Education? b Special Education means “specially designed instruction at no cost to the parent, to meet the unique needs of a child with a disability” (CFR ) b The term includes related services and vocational education.

Related Services include: b Audiology b Counseling b Medical b Occupational therapy b Orientation and mobility services b Parent counseling and training b Physical therapy b Psychological services b Recreation b Rehabilitation counseling b Social work services b Speech language pathology services

Vocational Education means... Organized educational programs that are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring other than a baccalaureate or advanced degree (CFR (b) (5)

Who is entitled to receive Special Education? The law says we do not need to provide special education to anyone who: “ in the last educational placement prior to their incarceration in an adult correctional facility - (1) Were not actually identified as being a child with a disability …and (2) Did not have an IEP under Part B of the act” (CFR (a) (1) (2))

Simply put... If an inmate who is 21 years of age or younger and had ever been identified as a disabled child or had an IEP, an adult correctional institution must provide special education and related services.

Exceptions to FAPE Requirements: b Participation in general assessments b Transition services to those who cannot be released before their 22 nd birthday b Least restrictive environment when modifications are needed for a “bona fide or compelling penological interest” (CFR )

What is an IEP? “the term Individualized Education Program or IEP means a written statement for a child that is developed, reviewed, or revised in a meeting in accordance with…” (CFR (a))

An IEP includes... b Present levels of performance, strengths, needs b A transition plan for inmates being released prior to age 22 b Annual goals and short term objectives b Supplementary aids and services b Modifications, accommodations, positive behavioral interventions b Results of recent (within 3 years) evaluations b Dates of reevaluation and annual review

Who must attend an IEP Meeting? b Parent of the child (if under 18) b Regular education teacher b Special education teacher b An administrator b Related service provider, such as a school psychologist b Others at the discretion of parent or agency b The child

How will Special Education operate?

What if there is a conflict with security issues? According to law, an IEP may be modified if: “the State has demonstrated a bona fide security or compelling penological interest that otherwise cannot be accommodated. (CFR (c) (1) (CFR (c) (1)

Furthermore... “A definition of the terms bona fide or compelling penological interest is not appropriate given the individualized nature of the determination and the countless variables that may impact on the determination. Further, a state’s interest in not spending any funds on the provision of special education or related services or in administrative convenience will not rise to the level of a compelling penological interest that cannot be accommodated, because States must accommodate the costs and administrative requirements of educating all eligible individuals with disabilities.” (Commentary, Federal Register, Vol. 64, Friday, March 12, 1999/ Rules and Regulations, p )

Nonacademic services include... b “counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the group or agency, referrals to agencies that provide assistance to individuals with disabilities, and employment of students…” (C.F.R (b)) (C.F.R (b))

Least Restrictive Environment means: b “each child with a disability participates with nondisabled children in these services and activities to the maximum extent appropriate to the needs of that child.” (C.F.R )

Therefore: b A member of the building counseling staff should participate as a member of the IEP team to review needs and provide service in the least restrictive environment.

Responsibility for all educational programs: b “the Governor may assign to any public agency in the state the responsibility of ensuring that the requirements of Part B of the act are met with respect to students with disabilities who are convicted as adults under state law and incarcerated in adult prisons (CFR d)

Advisory Panels: b “Each State shall establish and maintain…a State advisory panel on the education of children with disabilities (CFR (a)) b Membership must include “Representatives from the State juvenile and adult correction agencies” (CFR (a) (10) (CFR (a) (10) b A majority must be parents or individuals with disabilities ((CFR (b)

Advisory Panel Functions: b Advise the SEA of unmet needs b Comment publicly on proposed rules or regulations b Advise the SEA in developing evaluations, corrective action plans, and policies b Advise the SEA on eligible students with disabilities in adult prisons (CFR )

RIDOC Population, March : b ISC: 923 b High Security: 94 b Maximum Security: 414 b Medium Security: 870 b Medium 2: 296 b Minimum:694 b WGM: 132 b Dix: 71 b Wom. Transition: 12 b Total, 3/1/03: 3506

Special Education in the RI DOC, : b Interviewed: 187 b Special Education history: 47 b No Special Education History: 140 b Pending IEP: 13 b Total IEP Meetings: 34 b Initial IEP: 25 b Annual Review: 9 b School Reentry: 2

THANK YOU! QUESTIONS / COMMENTS TO: Ralph Orleck Special Education Director Rhode Island Department of Corrections Education Unit P.O. Box 8275 Bernadette Building Cranston RI Office: (401) Direct: (401) Fax: (401)