A joint letter proposed from the Department of Education and The Department of Justice that publicly announced the failures of Juvenile Justice Residential Facilities with complying with Federal laws that protect against discrimination and are legally obligated to follow. The laws focused on are The Rehabilitation Act of 1973, IDEA, and the Americans With Disabilities Act. 

Joint "Dear Colleague" Letter (2014) 

Under IDEA section 1412 (A) (3) all students residing in the State must be identified and properly evaluated for any special education or services if eligible. Many instances of failures in compliance with this have been identified; there have been instances where justice facilities do not receive records from the child’s previous school at all or they are severely delayed, lack of proper personnel delays/prevents students from obtaining help, may facilities have been found to not participate in any evaluations or meetings at all, and more.

Evaluating and Assessing Students with Disabilities in Juvenile Justice Centers

Revision of subpart (3) (A) modified what children qualify for the rights provided by IDEA; wards of the State are now legally protected to the right of IEPs under FAPE by this law and all other legislation that models their eligibility after IDEA.

Michigan State University

20 U.S.C § 1400 (2018). A law passed in 1975 that focused on providing proper support and resources for students with disabilities in any education related program or service. By being the first piece of legislation that protected the rights of students with disabilities, IDEA specifically created FAPE in section 20 U.S.C 1412 (2018) and IEPs in section 20 U.S.C. 1414 (2018).

The Individuals with Disabilities Act (IDEA) 

The Individuals with Disabilities Education Act 1975, 20 U.S.C § 1400-1482 (2018)

The Individuals with Disabilities Education Act

First regulation to establish and implement necessary resources and services for people with disabilities in education with the intent to provide an equitable education 20 U.S.C § 1412(1) (2018). 

Free Appropriate Public Education (FAPE)

An individualized academic plan that is created for a child with a disability that outlines the child's unique educational needs, goals, and the accommodations they are entitled to. Found in 20 U.S.C § 1412(4) (2018)

Individualized Education Program (IEP)

2004 Reauthorization of IDEA's Section 20 U.S.C 1412

FAPE was created by IDEA but it is also a large part of The Rehabilitation Act as Section 504 declares all federal agencies receiving funds are required to follow any law enacted by the federal  government. Additionally, the U.S. Code of Federal Regulations also requires each title to implement and follow additional regulations specific to their area in accordance with all public laws. This means because United States Title 34 executes supplementary laws relevant to their title and are federally funded, they are allowed to establish their own guidelines for FAPE according to Section 504. 

The reason the Rehabilitation Act of 1973 must follow FAPE from IDEA

Although both require that FAPE is provided, there is a difference in how extensive the coverage of it is as presented by these laws. Section 504 in the Rehabilitation Act of 1973 prevents being subjected to disability discrimination, while IDEA focuses on providing appropriate educational settings and resources to accommodate disability, meaning there are extra and unique protections for students under IDEA. This means under 504 there will be modifications and accommodations for students to attend school, and under IDEA an eligible student will receive appropriate modifications and accommodations to meet education performance standards.

Differentiations in the Protections of FAPE under the Rehabilitation Act of 1973 and IDEA

A child who is qualified under IDEA is eligible for an IEP under 20 U.S.C § 1412(3)(A) which must meet the standards provided in 20 U.S.C § 1436(D) as well as the correct proceedings outlined in section 20 U.S.C § 1414(D)(iii). Reports show violations of these sections where often limited meetings regarding IEPs are formed as well as attended, there are severe reductions in school hours provided to students in these facilities as it was reported that on average special education makes-up 7-7.5 class periods per week in these facilities compared to the 19.5-22.5 periods per week in public schools, and there were zero IEPS at the time that addressed or had a plan to navigate the transition of leaving the facility for another or returning to the community. 

IEPs in Juvenile Justice Facilities 

Transition Services through IDEA are meant to prepare students to achieve post-high school goals through interagency collaboration  and careful consideration of students’ interests and strengths. 

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