Post for Special Education Consultants Group     

In Cuyahoga County, Ohio, students can be adjudicated prior to age 18, or sent from the juvenile detention center once they reach age 18, to the adult county jail pending the outcome of their case. A couple years ago, I learned that access to education services are scarce to nonexistent at the adult county facility in Cuyahoga County. Appalled for all students, I began reaching out to local government officials at the county level. Outside of a meeting with a community liaison at the county executive’s office during the summer of 2015, I was largely ignored or dismissed. I then began reaching out to the Ohio Department of Education, Disability Rights Ohio, and to representatives and senators on a national level, lobbying my senators and representative in Washington, D.C., during the summer of 2015. At the end of the summer, I realized that most folks in government don’t really give a rat’s tail about this practically invisible population of students. It was also then that it occurred to me that a significant number of the students sent to languish at the county facility for extended lengths of time without access to education, often still had active Individual Education Plans under the Individuals with Disabilities Education Act, and that not offering services was a violation of their civil rights. I filed a complaint with the Department of Justice against the state of Ohio because students are assigned to the Buckeye United School District once they leave the county juvenile facility for the county adult facility. The Buckeye United School District includes schools under the Ohio Department of Youth Services.  

    Meanwhile, the State Deputy Director from Senator Sherrod Brown’s office responded to my outreach and agreed to visit my students at the Cuyahoga County Juvenile Detention Center, and to listen to my stories and theirs. When I did not get a timely response from the DOJ, Senator Sherrod Brown’s office followed up for me, and I received an update within a week. I also traveled to Boston in December of 2015 to meet and ask a question of Bryan Stevenson about the students I serve, and the situation of youth in adult detention facilities.

    The case initiated by my complaint was eventually transferred to the United States Department of Education’s Civil Rights Office in Cleveland, Ohio. An investigation is currently open and pending as of the summer of 2016. I do not believe that I need to explain to this educated group of people how damaging and negatively life-changing a lack of education, or the deprivation of education, can be on our young people caught in the juvenile or adult justice system. When students fight back (with the help of advocates), they receive compensatory school time, thus I have a former student in Mansfield now on an active IEP until he is 22 because he spent a year without access to education waiting at the adult county facility. For students already struggling academically, a year away from education cannot ever really be compensated. Due to the large number of people incarcerated who have disabilities and are between the ages of 18-21, I am creating awareness about this issue so that other people who care about the rights of students with disabilities can also advocate for those entangled in the very complicated maze of juvenile and adult criminal justice systems. There are many entrances into this maze, but the exits are few and infrequently include a high school diploma for those who experience it. Our communities would all be better places if that changed.

With hope for a means to justice and education for all,

Melissa

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2 thoughts on “Finding Educational Justice in the Justice System for Students with Disabilities

  1. and they call it rehabilitation. If you haven’t already, you may want to discuss this w Avery. Education is a Civil Right.

    On Wed, Jan 25, 2017 at 12:35 AM, msvigeljsmith wrote:

    > msvigeljsmith posted: “Post for Special Education Consultants Group > In Cuyahoga County, Ohio, students can be adjudicated prior to age 18, or > sent from the juvenile detention center once they reach age 18, to the > adult county jail pending the outcome of their case. A coup” >

    Like

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