In both Missouri and Illinois, juvenile students who are incarcerated have a right to a free and appropriate education. These students are some of the most vulnerable in the country.
In Missouri, the law states:
“The school districts, except school districts which are part of a special school district, and special school districts in which county- or court-operated facilities for the care and protection of juveniles are located shall provide appropriate educational programs for those juveniles of school age who have not been graduated from the twelfth grade and who are placed in such facilities.”
And in Illinois, the law states:
“It shall be responsible for the education of youth within the Department of Juvenile Justice and inmates age 21 or under within the Department of Corrections who have not yet earned a high school diploma or a General Educational Development (GED) certificate and the said district may establish primary, secondary, vocational, adult, special and advanced educational schools as provided in this Act.”
Even with these laws, studies repeatedly show that incarcerated students rarely receive an education comparable to that of their peers. This disparity can lead to a higher likelihood of re-arrest, more incredible difficulty in finding and maintaining employment, and a lower chance of completing high school or pursuing further education.
In 2018, the Justice Department settled a lawsuit against the Palm Beach County Sheriff in Florida and the School Board of Palm Beach. According to the settlement, the plaintiffs were children charged as adults and were held in solitary confinement. The Justice Department alleges the students had disabilities and were deprived of access to special education services in violation of the Individuals with Disabilities Education Act.
The law is clear. Incarcerated students are entitled to access to free and appropriate education. If you or someone you know has not had their education rights fulfilled, the skilled attorneys at Kennedy Hunt, P.C. can help. Fill out a questionnaire so we can understand your claim.