“Draining the School-to-Prison Pipeline” is a monthly publication addressing issues of community school reintegration, sharing practical recommendations to support returning students, tracking relevant public policy and legislation, and addressing racial and other inequities in Pennsylvania’s educational system.
Special Education and Its Impact on the School-to-Prison Pipeline
During the 2019-2020 school year, more than 14% of public school students in the United States were identified under the Individuals with Disabilities Education Act (IDEA) as in need of special education services. (n.1) In Pennsylvania, 15.9% of all enrolled students receive special education services. (n.2) Disabilities that give rise to the need for services can range from a specific learning disability to speech and language impairment, Autism, emotional disturbance, multiple disabilities, and others. Students who are identified as needing special education are provided an Individual Education Plan (IEP) that specifies supports, interventions, accommodations, and goals with the purpose of providing full access to the general education curriculum.
Both Federal and Pennsylvania state laws contains legal guardrails with respect to school discipline for students with disabilities. A school cannot punish a child with a disability more harshly than a non-disabled peer and must provide the same legal protections for all students. (n.3) Further, a school cannot punish a student because of a disability, and must take special precautions before suspending, expelling, or placing a youth identified as needing special education services in a disciplinary placement. (n.3)
Despite these legal protections, there remains an over-representation of students with disabilities in the juvenile- and criminal-justice systems as a result of school infractions. Students with disabilities make up 25% of all students arrested and referred to law enforcement, 75% of students who are restrained, and 58%of students that are secluded from the classroom for a discipline infraction. (n.4) Additionally, 85% of students in a juvenile detention facility demonstrate eligibility for special education services, but are not receiving supports. (n.4) These disparities leave our most vulnerable students over-represented in our most punitive systems.
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References
1) National Center for Education Statistics. (2021, May). Students with Disabilities. Coe – students with disabilities. Retrieved November 18, 2021, from https://nces.ed.gov/programs/coe/indicator/cgg.
2) Data display: Pennsylvania identification of children … – ed. (n.d.). Retrieved November 15, 2021, from https://www2.ed.gov/fund/data/report/idea/partbspap/2013/pa-acc-stateprofile-11-12.pdf.
3) 34 C.F.R. §§ 300.530-300.599, 22 Pa. Code § 10.23, 22 Pa. Code Chapter 12, and 22 Pa. Code § 14.143.
4) Dennison, D. S. and E. (2021, August 26). Opinion: Behavioral challenges can push youth with disabilities into school-to-prison pipeline. Juvenile Justice Information Exchange. Retrieved November 15, 2021, fromhttps://jjie.org/2021/01/25/behavioral-challenges-can-push-youth-with-disabilities-into-school-to-prison-pipeline/.