Title: Learning Disabled Juvenile Offenders: A USA Perspective
1Learning Disabled Juvenile Offenders A USA
Perspective
- Deborah Shelton, PhD, RN, CNA
- Program Director,
- Child Adolescent Behavioral Health
- Associate Professor School of Nursing
- The Catholic University of America Washington, DC
2Background
- 9 of public school students qualify for special
education services (US Dept. Education 1998) - 3-5 times as many youth received special
education services in public schools prior JJ
involvement - 20 of students with emotional disabilities are
arrested at least once before they leave school
(OJJDP, 2000)
3Background
- Nearly 70 of incarcerated youth suffer from
disabling conditions (Leone, 1995) - Youth with LD or MI are arrested at higher rates
than non-disabled peers (Center for Education
Human Services, 1997) - 3-5 times as many youth received special
education services in public schools prior JJ
involvement - On average cost for special services 5,982
(US)
4National Estimates
5Rights of Juvenile Offenders
- Every youth with a disability, as defined by
Individuals with Disabilities Education Act
(IDEA,34 C.F.R. 300.7(c)) is entitled to Free
Appropriate Public Education (FAPE). - This entitlement exists for all eligible children
and youth, including those involved in the
juvenile justice system between the ages of 3-21,
including children with disabilities who have
been suspended or expelled from school.
6Unique Application of Policy to Juvenile Justice
Systems
- Upon intake- the youth becomes a family of 1, all
rights accorded under IDEA transfer to the
individual - Conflict in policies-Stay Put Rule vs zero
tolerance polices - Suspension requirements Individual Education
Plan (IEP). At 10 days, they also need a
behavioral intervention plan and an assessment to
determine if the behavior is related to the
disability.
7A System in Trouble
- Competing purposes rehabilitate or punish?
- One size does not fit all a need for
differentiated programming - Overcrowding and understaffing
- 25 of facilities do not routinely assess
- 40 do not meet standards for mental health or
special education - -National Council on Disability, 2003
8Perspectives on Young Offenders with LD
- Two causal chain theories debated
- School failure hypothesis
- Susceptibility theory
- Over represented in juvenile systems
9 Risk Factors for Delinquency Among Youth with LD
- Pre-school developmental limitations
- Impulsivity
- Irritability
- Borderline intelligence (IQ 71-84)
- Brain injury
10Definitions
- Specific learning disorder as defined by DSM-IV
- Reading disorder
- Mathematics disorder
- Disorder of written expression
- LD NOS
11Diagnostic Features
- Conduct Disorder
- Oppositional Defiant Disorder
- Attention-Deficit/Hyperactivity Disorder
- Major Depressive Disorder
- Dysthymic Disorder
12Associated Features
- Demoralization
- Low self-esteem
- Deficits in social skills
- School drop-out rate 40
- Underlying abnormalities in cognitive processing
13Pathway of LD to Delinquency
- Overlap between achievement difficulties,
particularly in reading and acting-out/externali
zing behavior problems - Commonly, the trajectory shifts to depression by
adolescence
14Pathways to Delinquency for Youth with Learning
Disorders
community
Learning difficulties/ poor school readiness
Disruptive behavior/ suspension expulsion/
family
child
Rejection in classroom
high drop-out rates/ with deviant peers
Depression/ Delinquent Activity
early risk factors school entry
early school years preadolescence
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18Methodology
- 372 youth, 60 females
- Random sample, 25 of all males, all females
- Diagnostic Interview Schedule for Children
- Global Assessment of Functioning
- Dept. Juvenile Justice records
- Child Health Inventory Profile
- Dept. Juvenile Justice cost records
19Maryland Data
- 143 youth (38) diagnosed with a LD as noted on
Axis 2 - For youth with LD diagnosis
- 100 male, 93 urban resident
- 79 African American
- 79 15-17 years of age
- 96 avg. intelligence
20Social Data
- 43 family income lt 30,000 annually
- 53 public insurance, 24 no insurance
- 4 not in school 66 High school
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22Other Factors
- Comparing youth with LD diagnosis to those
without - 71 physical/sexual abuse
(?213.41, df2, p .001) - 43 suspended/expelled
(?219.85, df5, p .001)
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29First Treatment by JJ Episode
30JJ Services over JJ episodes
31Tx Services over JJ Episodes
32Service Gaps
- Youth most likely to encounter service gaps are
those youth with substance abuse and mental
health problems, adjudicated as delinquent with
multiple health problems, including those with
disabilities and likely to drop out of school. - - Report of the Surgeon General- Mental
Health Culture, Race, Ethnicity, 2001
33To treat or incarcerate?
- Missed prevention opportunities
- Disconnect between recognition of aggressive and
violent behaviors as symptoms - Youth misconceptions about their health status
34Target Interventions
- Nationally, youth confined to institutions have a
low level of functioning with respect to basic
skills needed for living in the community - Problem solving as a central feature can become a
key element of successful alternative education
programs - Alternative Education Programs linking classrooms
and instructional experiences to the community.
35Key Components of Effective Special
Education Programs in Juvenile Correctional
Facilities
- Integrated, multidisciplinary framework for
service delivery - Competency-based curriculum options
- Direct and peer-mediated instructional strategies
- Functional curriculum-based assessment
36Key Components of Effective Special
Education Programs in Juvenile Correctional
Facilities
- Pro-social Skills Curriculum
- Business and community involvement
- Professionalism, leadership, and advocacy
- Ongoing professional development
- Sufficient fiscal resources
37Effective Programs
- Adequate food, housing, clothing
- Healthcare
- Relationships with caring positive adults
- Supervision, monitoring, limit setting, control,
discipline - High expectations future options
- Academic skill development
- Life skill Social skill training
- Routines traditions
- Community supports, case management interface
with schools and other organizations
38Strengthen Programs
- To ensure that eligible young people receive
special education services, correctional
education programs need to - develop stronger ties to public school programs
- have fiscal and administrative autonomy from the
correctional agency and - meet standards associated with public school
programs.
39Juvenile System Efforts
- JJ professionals need to learn to recognize youth
with disabilities - Courts need to be alert to cases that involve
school-based difficulties - First-time offenders with minor offenses
- Diverting cases where the disability is severe
and where the child would be unable to comply
with court orders - Education dispositions
40Conclusion
- Dissemination of promising practices is not
widespread among juvenile facilities . - The consequences associated with school dropout
and delinquency are staggering for the youth we
have failed and for their familiesas it is for
all citizens.
41Resources
- Child Trends Guide to Effective Programs
- http//www.childtrends.org/lifecourse/index.htm
- What Works for Child and Youth Development
- http//www.childtrends.org/childyouthdevelopment_i
ntroa.asp - Administration for Children and Families
Promising Practices - http//nccanch.acf.hhs.gov/profess/promising/index
.cfm