The Right to Education in Juvenile Detention Under State Constitutions

From the introduction:

“This Note will argue that children in juvenile detention have a right to an adequate education based on state constitutional guarantees of education. This right can be used to challenge the inadequacy of the current educational services provided in juvenile detention facilities. The argument will proceed in three parts. Part I will provide background on the juvenile justice system, explain the importance of education in juvenile detention, and survey the applicable federal statutes and corresponding litigation. Part II will briefly discuss and dismiss potential federal constitutional challenges based on the Equal Protection Clause and the Due Process Clause. Part III will argue that state constitutional guarantees of education are applicable to students in juvenile detention facilities. First, it will analyze the contours of the state rights to education as they have been interpreted in school finance litigation. Second, it will respond to the main objection that children in juvenile detention have forfeited their right to education by arguing that (1) the purpose of confinement is rehabilitation, which is consistent with the right to education, and (2) even if the purpose of confinement is punishment, it does not follow that juveniles have forfeited their right to education. Fundamental rights are not automatically forfeited in the punishment context; rather, they are balanced against state interests in safety and security. Third, building on these arguments, this Note will analyze specific challenges that could be raised by children in juvenile detention.”