ED SERVICES FOR JUVENILES CHARGED AS ADULTS

I am the prime sponsor for this bill. Rep. Levy is sponsoring it in the House. The bill requires educational services to be provided to juveniles who are placed in county jails awaiting trial for crimes they were charged as adults for. The bill determines the responsible party for the space, funding, and education provider for these “direct-file” youth (who are entitled to an education but have not been receiving it because the logistics had not been worked out.)

The bill provides per-pupil funding to school districts in which the jails are located, so they can provide the educational services to the students there. Districts are able to recoup costs from the students’ home districts, if necessary. However, a representative of school districts testified that the funding won’t be sufficient for them to provide an educator, unless the jail has several students. I will be working to see if a better funding mechanism can be designed.

People who testified in favor of the bill pointed out that these juveniles have not been convicted yet, and in fact about a quarter of their cases are dismissed. They spend an average of 7 months in jail awaiting trial. Most are put in solitary confinement, because of the law requiring juveniles in jails to be separated from adults (and because often there is only one juvenile in the jail). The gap in their education can lead to negative consequences: the juveniles whose cases are dismissed are likely to drop out of school because of the large gap in their education; furthermore, brain research shows that a lengthy period with no brain stimulation can cause permanent damage in juveniles.

Testimony from experts in special education law testified that any of these students with special needs are entitled to educational services under the federal Individuals with Disabilities Education Act, and the fact that they are not receiving these services is a violation of federal law.

The County Sheriffs Association supports the bill and the obligation it gives sheriffs to provide a safe and appropriate space for the provision of educational services.

The bill passed the Senate and is on its way to the House of Representatives for consideration.