Education in Juvenile Detention Facilities: Inside How This Confined World Halts Chances for a Better Future
| Publication year | 2017 |
| Author | By Megan E. Helfend |
By Megan E. Helfend*
The Editors of the Criminal Law Journal take great pride in publishing the following article, which was authored by Megan E. Helfend, a law student at Loyola Law School, Los Angeles. Ms. Helfend won one of five Honorable Mention Prizes in the 2016-2017 Competition for Student Papers in Criminal Law and/or Criminal Procedure, sponsored by the Criminal Law Section of the State Bar.
The judges of the writing competition were impressed by the quality and caliber of entries in this year's competition and offer their gratitude and encouragement to those students, from law schools throughout the country, who submitted articles. All law students are cordially invited to participate in the 2017-2018 Competition.
Toney Jennings was an illiterate, 16-year-old boy when he was arrested. During the six months he spent in a juvenile detention facility in Mississippi, he spent most of his time playing basketball, watching TV, and generally "keeping to [himself]." Ask an average 16-year-old boy the same question and you will likely receive a very different answer. Although many children may list their favorite activities, the average child will likely mention school when asked what occupies most of their time. Toney Jennings did not list school. In fact, when probed further, Toney said that he never even attended class while in jail. Toney is now roughly 22-years-old, and still unable to read and write.1
Education is a fundamental human right. Although not a recognized federal constitutional right, it is a basic public expectation that all children have the right to attend public school. While the federal government does not recognize it, nearly every State Constitution in the United States does in fact enumerate a right to education. Despite this seeming commitment to public education, our system lacks proper execution in many public schools, leading to a growing population of youth pushed into prison. This problem is only compounded by the lack of quality educational programs in juvenile detention facilities across the nation.
In 1974, Congress passed the Juvenile Justice and Delinquency Prevention Act requiring that states receiving federal funding focus on prevention, intervention, and accountability. Sadly, state and federal budget cuts beginning in the 1980s resulted in a decrease in spending on education programs in detention facilities, leaving most detained children without access to quality public education guaranteed to them by their state constitution. Providing youth with quality educational services is a fundamental right enumerated in state constitutions and federal legislation, a right that is often never met in juvenile detention facilities with lacking accessibility to resources. Quality educational services are essential to keeping children engaged in their education and focused on their futures, encouraging a successful return to school upon release and preparing children rather hindering their abilities for future success.
When the first juvenile court was created in the United States, the aim was clearly devised. With a basis in parens patriae, the state's duty to provide care for those who cannot care for themselves, a goal of rehabilitating rather than penalizing juvenile offenders emerged.2 While the founders steered away from the punitive approach used in adult criminal courts, the juvenile court system in recent years started to employ more punishment and less rehabilitation. However, if rehabilitation is still the goal of juvenile courts, education is a fundamental and necessary component of that process.
Research shows that education leads to reduced recidivism rates, which at its core is the goal of the juvenile justice and criminal justice system.3 Incarceration alone does not result in preventing and reducing crime, rather, educational skills help deter young people from committing criminal acts and greatly decrease the likelihood that they will return to crime after release. A study by the U.S. Department of Justice found that teaching reading skills to juveniles works significantly better at reducing recidivism rates than boot camp programs.4 The Alabama State Board of Education said, "Correctional Education appears to be the number one factor in reducing recidivism rates nationwide."5 Even the Federal Bureau of Prisons agrees, stating there is an inverse relationship between recidivism rates and education.6
There is a strong link between low levels of education and high rates of criminal behavior. One of the best predictors of adult criminal behavior is involvement with the juvenile justice system. With few resources dedicated to education in juvenile detention facilities, it is not shocking to discover that many juveniles find themselves involved with the criminal justice system as adults. Education is the basis for rehabilitation, as evidenced by the staggering statistics regarding recidivism rates. If the government, along with individual detention facilities, can provide a quality education for detained youths, these children are more likely than not to stay out of prison and to successfully integrate themselves back into society.
With the goal of rehabilitation in mind and the understanding of education's role in accomplishing that, federal and state laws govern juveniles' right to receive an education in detention facilities. Today, every state has a compulsory education statute, requiring state legislatures to provide free public education for all children residing within the state.7 While delinquent youth clearly fall within the statute, detention centers do not always provide what the statute mandates.
There are two federal statutes that are directly applicable to a child's right to education in juvenile detention facilities: the Individuals with Disabilities Act (IDEA) and the No Child Left Behind Act (NCLBA). IDEA is important for juvenile delinquents because it is the basis for a wealth of litigation involving education services for children with disabilities in juvenile detention. The statute requires that states receiving federal funding for students with disabilities ensure that all eligible students receive a "free appropriate public education" in the "least restrictive environment."8
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The state has an obligation to identify and evaluate children with disabilities and create an Individualized Education Program (IEP) to meet the student's needs in addition to providing "related services," such as counseling, speech therapy, physical therapy, recreation, etc.9 Considering that these obligations apply in both the regular school context and juvenile detention context, education services provided in juvenile detention often fall short of IDEA requirements. One study demonstrated that while nearly 70% of...
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