Minimizing Disruption in Juvenile Education Joycetine Boone, Virginia Department of Corrections Natalie Brannon, Department of Human Resource Management Betty Burrell, Albemarle County Hilton McDaniel, Department of Behavioral Health and Developmental Services Scott Naff, Department of Game and Inland Fisheries

Introduction What are the best practices for low-cost, evidence-based programs, policies, and practices that will ensure students receive an education when they are court-involved?

Executive Summary VA Code 22.1-209.1:2 relegates accountability for court-involved juveniles to local school districts. 21,000 Virginia school-age students were referred to law enforcement agencies. A disproportionate number were court-involved disabled and minority students. A state-wide, multi-disciplinary approach is necessary. Supports key initiatives for mental health care and Virginia Plan for Well Being. VA Code 22.1-209.1:2 relegates accountability for court-involved juveniles to local school districts creating an inconsistent educational experience for these studentsA report from the Center for ___________ indicated that in 2011-12, sixteen (16) out of every 1,000 Virginia school aged students were court-involved. Based on the number of school aged Children in Virginia in 2010, a population of approximately, 1.3M, it is estimated that as many as 21,000 students were court-involved in that year. A disproportionate number of disabled students across the country are court-involved according to PACER _____________ A uniform, multidisciplinary and state-wide approach to address these issues supports the key initiatives for mental health and the Virginia Plan for Well Being.

Current State When a juvenile is charged for a crime in Virginia, a number of school divisions have policies that prohibit the accused from returning to school until their case is heard. Even if a student is innocent, they are required to be out of school. Often, students who commit less serious crimes are permitted to attend alternative schools. However, serious offences such as felonies require students to be educated at home for at least ten hours per week. There are 28 regional and local alternative schools; most with different eligibility requirements and curriculum. Many districts do not have the financial resources to send teachers to the home or have an accountability system/program to ensure these students are being educated (as is legally required). The case for a juvenile charged for a crime could take months. Students are not eligible to attend school during this time. There are 28 alternative schools; each school has a different set of eligibility criteria. There are variations in the grade or age allowed in the school, as well as the curriculum and transportation offered. 10 hours per week is significantly less than the time commitment required for regular school programs.

Current State When a juvenile is charged for a crime in Virginia, a number of school divisions have policies that prohibit the accused from returning to school until their case is heard. Even if a student is innocent, they are required to be out of school. Often, students who commit less serious crimes are permitted to attend alternative schools. However, serious offences such as felonies require students to be educated at home for at least ten hours per week. Many districts do not have the financial resources to send teachers to the home or have an accountability system/program to ensure these students are being educated (as is legally required). The case for a juvenile charged for a crime could take months. Students are not eligible to attend school during this time. There are 28 alternative schools; each school has a different set of eligibility criteria. There are variations in the grade or age allowed in the school, as well as the curriculum and transportation offered. 10 hours per week is significantly less than the time commitment required for regular school programs.

Current State (cont.) In the 2011-2012 school year, Virginia had approximately 16 referrals to law enforcement agencies for every 1000 students.* Youth with disabilities are at higher risk Special Education students and those with emotional or behavioral disorders or learning disabilities are arrested and incarcerated at a higher rate than their non disabled peers. Research indicates that removals from school place students at higher risk for school failure. Center for Public Integrity Watchdog – www.publicintegrity.org

Recommended Approach State-wide uniformity for addressing educational opportunities for court-involved juveniles Brick and mortar learning facilities Consistent protocol across school divisions for designation to alternative education program Comprehensive resources for intervention Student Assistance Program Initiated upon move to alternative school Modeled after State EAP Addresses behavior causality Provides outlet for student Prompt return to traditional school upon court resolution Consistent protocol – based on charges; probation to superintendent to student

Recommended Approach (cont.) Pros Cons Consistent educational experience across school divisions On site facility for improved teacher/student interaction Loss of flexibility for individual school divisions Transportation to and from the facility

Alternative Approach: Continue Existing Homebound Programs Pros Cons Familiarity with local school process Increased demand for staff Difficulty monitoring Isolates students VA Code requires 10 hours of study per week for home bound students

Alternative Approach: Virtual Learning Pros Cons No classroom requirement Flexibility Reduced personnel requirement Students may lack motivation. Lack of internet access or computer availability Inconsistency between localities Monitoring resources Requires consistent curriculum development

Next Steps Introduce legislation to outline state-wide criteria for educational opportunities for court-involved juveniles. Multi-disciplinary team comprised of representatives from the following state agencies: Virginia Department of Education Supreme Court of VA Department of Juvenile Justice Department of Behavioral Health and Developmental Services Department of Social Services Consider state assistance for transportation to these schools State-level assessment of the effectiveness of alternative educational programs

Questions?

Appendix

References http://www.doe.virginia.gov/instruction/alternative_ed/programs.shtml  http://law.lis.virginia.gov/vacode/title22.1/chapter13/section22.1-209.1:2/ http://criminal-law.freeadvice.com/criminal-law/juvenile_law/juvenile-law.htm http://www.npsk12.com/net https://open.bu.edu/bitstream/handle/2144/19475/Nguyen_bu_0017N_12354.pdf?sequence=1&isAllowed=y