Transcript Rhode Island Department of Corrections Education Unit

Special Education in Adult
Corrections Since IDEA 97
Regulations, issues, and one State’s
response
What is Special Education?

Special Education means
“specially designed instruction
at no cost to the parent, to meet
the unique needs of a child
with a disability” (CFR 300.26)

The term includes related
services and vocational
education.
Related Services include:
Audiology
 Counseling
 Medical
 Occupational therapy
 Orientation and
mobility services
 Parent counseling and
training

Physical therapy
 Psychological
services
 Recreation
 Rehabilitation
counseling
 Social work services
 Speech language
pathology services

Vocational Education means...
Organized educational programs that are
directly related to the preparation of
individuals for paid or unpaid employment,
or for additional preparation of individuals
for paid or unpaid employment, or for
additional preparation for a career
requiring other than a baccalaureate or
advanced degree (CFR 300.26 (b) (5)
Who is entitled to receive
Special Education?
The law says we do not need to provide
special education to anyone who:
“ in the last educational placement
prior to their incarceration in an adult
correctional facility - (1) Were not
actually identified as being a child
with a disability …and (2) Did not have
an IEP under Part B of the act” (CFR
300.311 (a) (1) (2))
Simply put...
If an inmate who is 21 years of
age or younger and had ever
been identified as a disabled
child or had an IEP, an adult
correctional institution must
provide special education and
related services.
Exceptions to FAPE Requirements:

Participation in general assessments

Transition services to those who cannot be
released before their 22nd birthday

Least restrictive environment when modifications
are needed for a “bona fide or compelling
penological interest” (CFR 300.311)
What is an IEP?
“the term Individualized
Education Program or
IEP means a written
statement for a child
that is developed,
reviewed, or revised in a
meeting in accordance
with…” (CFR 300.340 (a))
An IEP includes...
Present levels of performance, strengths, needs
 A transition plan for inmates being released prior
to age 22
 Annual goals and short term objectives
 Supplementary aids and services
 Modifications, accommodations, positive
behavioral interventions
 Results of recent (within 3 years) evaluations
 Dates of reevaluation and annual review

Who must attend an IEP Meeting?
Parent of the child (if under 18)
 Regular education teacher
 Special education teacher
 An administrator
 Related service provider, such
as a school psychologist
 Others at the discretion of
parent or agency
 The child

How will Special Education
operate?
Special Education Service Delivery Model
I. Identification
A. Interview
B. Record Review
II. Records
A. Request
B. Review
III. Test Results Current
A. Within 3 Years
III. No Current Test Results
A. Make Eval. Rec. w/ team
B. Obtain Consent / Refusal
C. Conduct Evaluation
IV. Prepare for IEP Team Meeting
A. Gather information consult w/ staff
B. Meeting Planned
C. Notice of Meeting
V. IEP Team Meeting
A. Review Evaluation Results
B. Review observations
C. Develop IEP or Terminate
What if there is a conflict with
security issues?
According to law, an IEP may be modified if:
“the State has demonstrated a bona fide
security or compelling penological
interest that otherwise cannot be
accommodated.
(CFR 300.311 (c) (1)
Furthermore...
“A definition of the terms bona fide or compelling penological interest is
not appropriate given the individualized nature of the determination
and the countless variables that may impact on the determination.
Further, a state’s interest in not spending any funds on the provision
of special education or related services or in administrative
convenience will not rise to the level of a compelling penological
interest that cannot be accommodated, because States must
accommodate the costs and administrative requirements of
educating all eligible individuals with disabilities.”
(Commentary, Federal Register, Vol. 64, Friday, March 12, 1999/ Rules and
Regulations, p. 12577)
Nonacademic services include...
 “counseling services, athletics,
transportation, health services,
recreational activities, special interest
groups or clubs sponsored by the group or
agency, referrals to agencies that provide
assistance to individuals with disabilities,
and employment of students…”
(C.F.R. 300.306 (b))
Least Restrictive Environment
means:

“each child with a disability
participates with nondisabled
children in these services and
activities to the maximum
extent appropriate to the
needs of that child.”
(C.F.R. 300.553)
Therefore:

A member of the building
counseling staff should
participate as a member
of the IEP team to review
needs and provide
service in the least
restrictive environment.
Responsibility for all
educational programs:

“the Governor may assign to any
public agency in the state the
responsibility of ensuring that
the requirements of Part B of
the act are met with respect to
students with disabilities who
are convicted as adults under
state law and incarcerated in
adult prisons (CFR 300.600d)
Advisory Panels:
“Each State shall establish and maintain…a State
advisory panel on the education of children with
disabilities (CFR 300.650(a))
 Membership must include “Representatives from
the State juvenile and adult correction agencies”
(CFR 300.651 (a) (10)
 A majority must be parents or individuals with
disabilities ((CFR 300.651 (b)

Advisory Panel Functions:
 Advise the SEA of unmet needs
 Comment publicly on proposed rules or
regulations
 Advise the SEA in developing evaluations,
corrective action plans, and policies
 Advise the SEA on eligible students with
disabilities in adult prisons (CFR 300.652)
RIDOC Population, March 1 2003:










ISC: 923
High Security: 94
Maximum Security: 414
Medium Security: 870
Medium 2: 296
Minimum:694
WGM: 132
Dix: 71
Wom. Transition: 12
Total, 3/1/03: 3506
Special Education in the RI DOC,
2001-2002:
Interviewed: 187
 Special Education
history: 47
 No Special Education
History: 140
 Pending IEP: 13

Total IEP Meetings: 34
 Initial IEP: 25
 Annual Review: 9
 School Reentry: 2

a t wall, II
director
roberta richman
assistant
director
rehab services
timothy
murphy
education
administrator
ged
testing
program
(4 p.t. staff)
adult basic
education
program
(15 p.t.staff)
title
one
program
(17 p.t. staff)
women's
facilities
minimum
security
work
release
medium
II
medium
security
maximum
security
high
security
center
intake
service
center
sped
teacher
ged
teacher
ged /sped
teacher
sp/ed
teacher
ged
teacher
abe/ged
teacher
sp/ed
teacher
general
reading
librarian
GED
teacher
sped
teacher
abe/esl
teacher
sped
teacher
(split w.HSC)
abe/ged
teacher
law
librarian
ged
teacher
abe/ged
teacher
law
librarian
sheet
metal
teacher
abe/ged
teacher
carpentry
teacher
school
psychologist
special
education
director
senior
word
processing
typist
inmate
library
services
THANK YOU!
QUESTIONS / COMMENTS TO:
Ralph Orleck
Special Education Director
Rhode Island Department of Corrections
Education Unit
P.O. Box 8275 Bernadette Building
Cranston RI 02920
Office: (401) 462-2507
Direct: (401) 462-1415
Fax:
(401) 462-2509
E-Mail: [email protected]