Special Education
From the introduction: “Imagine you’re a student with a disability that impacts how you interact with others and process situations. In an instant, that disability may be criminalized, and you could find yourself thrust into a juvenile justice system that offers little support and few education resources. This scenario is all too common. Thousands of…
The U.S. Department of Justice filed a statement of interest in a civil lawsuit addressing the constitutional rights of youth who had been adjudicated delinquent and transferred to the Louisiana State Penitentiary’s former death row building, known as Angola. In their statement, the United States asserted that youth are particularly vulnerable to harmful conditions of…
From the Introduction: “The U.S. Departments of Education and Justice (Departments) share with educators around the country the goal that all students attend schools where they are supported, safe, and able to access an excellent education. A school environment that is free from discrimination is essential to meeting that goal. Decades of enforcement activity by…
From the Executive Summary, developed by Equip for Equality: “The children in the Juvenile Temporary Detention Center (“JTDC”) are some of the most vulnerable youth in Cook County, many having experienced significant trauma and violence as part of their daily existence. The JTDC is the juvenile jail for Cook County, housing youth awaiting adjudication of their cases, as well…
From the introduction: “This report focuses on individuals who were under the age of 18 at the time the sexual offense occurred and who were adjudicated delinquent in the juvenile justice system or tried and convicted in adult criminal court. While significant research shows the ineffectiveness and harm of registration for individuals who were 18…
This resource was created as part of the 2022 Racial Justice Training Series, co-hosted with the Georgetown Juvenile Justice Clinic & Initiative. Advocates and experts gathered each month to discuss a chapter of Prof. Kristin Henning’s Book The Rage of Innocence: How America Criminalizes Black Youth. Watch recordings of the monthly webinars and see other…
From the executive summary: “In considering what serves young people well, it is imperative that we address these systemic barriers and develop innovative strategies, leaving space for healing outside of and in tandem with the traditional mental health system. We must be expansive in our thinking about what supports and strengthens youth mental health –…
On December 21, 2021, the DOJ released its investigation of the Connecticut Manson Youth Institution, finding that the conditions violate young people’s rights under the Eighth and Fourteenth Amendments and the Individuals with Disabilities Education Act. In its Investigation, the DOJ stated “specifically, we find that Manson’s isolation practices and inadequate mental health services seriously…
On May 26, 2021, the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf students confined in the DC Jail during the Covid-19 pandemic, alleging violations of the Individuals with Disabilities Education Act (IDEA). The DOJ asserted that “[s]tudents with disabilities do not forfeit their right to special education and…
From the introduction: “This brief summarizes key findings from an unprecedented research study conducted by The Council of State Governments (CSG) Justice Center on the impact of juvenile justice system involvement—particularly probation— on school attendance in South Carolina and challenges jurisdictions across the country—as well as the broader field—to reconsider whether system involvement is the…
From the introduction: “This manual was originally created in 2005 to provide defense attorneys in juvenile court with a general guide to appropriate and zealous advocacy on behalf of young people in juvenile court. Since that time, much has changed in juvenile defense, both nationally and here in Georgia. Nationally, the U.S. Supreme Court has…
This Article explores how race functions to ascribe and criminalize disability. It posits that for White students in wealthy schools, disabilities or perceived disabilities are often viewed as medical conditions and treated with care and resources. For students of color, however, the construction of disability (if it exists) may be a criminalized condition that is…
From the introduction: “Black girls and other girls of color are often subjectively punished and criminalized for their communication styles, their expressions, and the trauma they have experienced. It is imperative as policy leaders to advocate for the necessary resources, laws, policies and practices that work to create supportive learning environments, where all students have…
On June 26, 2019, the DOJ closed its investigation of the Leflore County Juvenile Detention Center. In its closing letter, the DOJ stated “[w]e recognize that the state has made many improvements at the Detention Center School over the course of our involvement. . . . Specifically, the Detention Center School has made strides to…
Youth facing time in both secure and non-secure facilities need vigilant advocates who can monitor the conditions of these facilities, and can either prevent the young person’s placement, limit the young person’s length of time in placement, and/or intervene on the young person’s behalf while they are at the placement. Juvenile defenders are ethically bound…
On November 15, 2018, a joint settlement was reached to address the conditions of confinement in Florida’s Palm Beach County Jail. The settlement agreement outlines comprehensive changes in the facility, including giving young people time and access to appropriate recreational activities outside of their cells during school hours. The settlement also limits the amount of…
On October 1, 2018, the DOJ filed a Statement of Interest in a federal class action lawsuit on behalf of young people confined in Florida’s Palm Beach County Jail. The DOJ highlights the protections afforded to students with disabilities under the Individuals with Disabilities Education Act (IDEA), and the “independent and shared” responsibilities and obligations…
On June 21, 2018, a federal class action lawsuit was filed on behalf of young people confined in the Palm Beach County Jail, alleging violations of their 8th and 14th Amendment rights under the U.S. Constitution. The plaintiffs are youth whose cases have been direct-filed in adult court in Palm Beach County, Florida. The complaint…
