NDTAC Tipsheet: Youth Who are Incarcerated: Transitions and IEP Implementation

Students with disabilities are disproportionately arrested and referred to law enforcement for disciplinary infractions at school compared to the overall student population. In turn, youth with disabilities are overrepresented in the juvenile justice system – only 14 percent of all public school students have a disability, compared to an estimated 30 to 60 percent of youth who are incarcerated, with some estimates as high as 85 percent. When youth with disabilities who were formerly incarcerated re-enter public schools, an effective transition requires the successful implementation of their Individualized Education Plan (IEP), which includes the provision of needed learning accommodations and/or services such as physical therapy (PT), occupational therapy (OT), or speech-language pathology (SLP). While the laws and requirements dictating IEP implementation under the federal Individuals with Disabilities Education Act (IDEA) have not been altered to fit the context of COVID-19, schools must still ensure that students continue to receive all special education and related services identified in their IEP during periods of virtual learning. States, districts, and IEP teams are responsible for ensuring that students with disabilities receive a free and appropriate public education (FAPE), regardless of the instructional delivery approach chosen by their educational institution.

This resource is the third in a series of three NDTAC Tipsheets that aim to address transition for youth who are incarcerated during COVID-19. This tipsheet will provide a summary of the main barriers to successful transitions and IEP implementation during the pandemic, as well as related strategies that may be useful to
staff within juvenile justice facilities and local education agencies (LEAs) when supporting transitions for students with disabilities now and during future emergencies. Please additionally see Tipsheet #1: Effective Transition Back to School During COVID-19 and Tipsheet #2: Youth Who are Incarcerated: Transitions and Technology Use for additional information.