The following statistics contributed to the distribution of the Joint Dear Colleague Letter of 2014; in 2012 it was reported that about 5.8 million people aged 18-21 received special education services as permitted under IDEA and section 504 of The Rehabilitation Act, which makes up 13% of the total number of students in public schools while eligible youth in juvenile justice facilities were estimated to make-up 30-80% of the population. 

Michigan State University

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) 

Read, N. W. (2014). NDTAC Fact Sheet: Youth with Special Education Needs in Justice Settings. Washington, DC: National Evaluation and Technical Assistance Center for Children and Youth Who Are Neglected, Delinquent, or At-Risk (NDTAC). Retrieved from https://neglected-delinquent.ed.gov/sites/default/files/NDTAC_Special_Ed_FS_508.pdf 

2014 Fact Sheet For The Education of Children Who Are Neglected, Delinquent, or At-Risk

The Dear Colleague Letter in 2014 clarified the guidelines for FAPE in juvenile correctional centers, and of the many litigation cases that followed the publication of this document that addressed these guidelines, 80.56% involved IEPs. The most common cases surrounded the failure of these rehabilitation centers of properly obtaining and transferring one's IEP, lack of communication with legal guardians, problems with due process protections, and insufficient staff and facilities. 

The Dear Colleague Letter's Impact on Securing Rights in Juvenile Justice Rehabilitation Centers

Students with Disabilities in the Juvenile Justice System Statistics 

Although all eligible students with disabilities are protected under IDEA because of FAPE, the legislation was formatted with the focus on 'traditional' school settings and  not ones such as justice facilities, therefore providing a series of challenges. This ranges from lack of assessment for eligibility, failure to meet IEP standards, poor special education programs and services, and lack of general resources and staff.

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