OK so when we left our hero (a student on an IEP convicted as an adult and sentenced to an adult prison), a hearing officer held that he was not entitled to FAPE because he was such a serious safety and security risk citing §614(d)(7)(A)& (B), and 34 CFR §300.324(D)}. State Correctional Institution Pine Grove (BF) 113 LRP 32792 (SEA Penna 5/1/2013).
But as is so often the case, the decision was appealed to court. The first court decision allowed additional evidence on appeal of his IEP
report and evidence of his interactions with prison staff. Buckley v State Correctional Institution – Pine
Grove 62 IDELR 206 (MD Penna 1/6/2014).
In the second court decision, the Court
reversed the hearing officer and found that the correctional institution denied FAPE to a student
by discontinuing all SpEd services. IDEA allows a public agency to modify the
IEP of a student if warranted where the student is incarcerated in an adult
facility and if it demonstrates a bona
fide security interest. {§614(d)(7)(A)& (B), and 34 CFR §300.324(D)}
Here the student had 25 incidents of serious misconduct and assault so the
prison had a bona fide security interest but it failed to convene the IEPT or
to modify the IEP. While “… special education services must yield to legitimate
security considerations …(the) program
should be revised not annulled in
light of this interest.” The court emphasized that it was not holding that the
student must be educated outside of his cell. Quoting Brown v Bd of Educ,
it is doubtful that a child may reasonably succeed in life without an
education. Youth with disabilities are incarcerated at disproportionate rates and are often
denied an appropriate education while incarcerated. Court hopes that a
meaningful benefit might disrupt the viscous cycle of incarceration for this
student
Once again reasonable persons disagree, but based upon this decision, the law provides that NO a child may not be so bad that he is not entitled to FAPE.
What are your thoughts?
This is very interesting. I feel as though all students should be given the opportunity to become educated. I agree that is is doubtful that a child may reasonable succeed in life without an education. However, I'm not sure if that is possible when they are a risk to all those around them. When a child is tried as an adult does that mean he no longer has the right to an education? Do adults in prison have the right to get an education ? This is a very interesting debate that I am sure we will hear much more about!
ReplyDeleteI think that if the child was tried as an adult he has a right to end his education if he chooses. However, what this child needs to learn before he can learn academics is life skills, behavior management, and self-control. When ABA or some type of behavior modification has been put in place then the student can begin to learn. I do agree that the student does not have the right to learn outside of his cell.
ReplyDeleteAW & Anon,
ReplyDeleteThank you for your comments.
JG
The two persons who commented above both have very good points. If a student is tried as an adult, I believe he should be allowed the right to education if he wants it. Should he be allowed in a classroom with others after committing a crime? Probably not. There are teachers in the prison system. Are there special education teachers? I do not know.If not, there should defiantly be for these types of cases. I feel, in the prison system, for cases like these, the student may not need to learn English, math, and science, but like "Anonymous said, life skills, behavior management, and self-control skills. I too agree that the court or prison has the right to say whether the student has the right to learn outside the cell wall, but I believe they do not have the right to with hold education from the student.
ReplyDeleteDrew,
ReplyDeleteThanks for your comment.
JG
Every student deserves an education, no matter what struggles they are going through or the needs that they may posses. As educators, it is our job to do whatever we need to in order to ensure that each child has the best chance to experience success.
ReplyDeleteLauten,
ReplyDeleteThanks for your comment.
JG