Education and Mental Health Education and Mental Health Connections for Youth in the Connections for Youth in the

Juvenile Delinquency ProgramsJuvenile Delinquency Programs

Peter Leone, Ph.D.Peter Leone, Ph.D.University of MarylandUniversity of Maryland

October 24, 2005October 24, 2005

Building the New IDEABuilding the New IDEANASDSE 2005NASDSE 2005

Minneapolis, MinnesotaMinneapolis, Minnesota

Youth in Delinquency Youth in Delinquency ProgramsPrograms

Who enters the system?Who enters the system? What are the consequences of What are the consequences of

involvement in the system?involvement in the system? To individual youth, families, & To individual youth, families, &

communitiescommunities Fiscal, policy consequencesFiscal, policy consequences

What are the consequences of What are the consequences of inadequate services and supports?inadequate services and supports?

Understanding the Public School Understanding the Public School Juvenile Corrections ConnectionJuvenile Corrections Connection

Forces Shaping Policies and Practices in Forces Shaping Policies and Practices in

Public EducationPublic Education

• AccountabilityAccountability

• StandardsStandards

• Zero Tolerance and Concern About Violence and DisruptionZero Tolerance and Concern About Violence and Disruption

The Criminalization of School The Criminalization of School MisbehaviorMisbehavior

Student misbehavior has become Student misbehavior has become criminalized through zero-tolerance criminalized through zero-tolerance policies and practices.policies and practices.

Children are now referred to local Children are now referred to local police departments for behavior that police departments for behavior that at one time was handled by teachers at one time was handled by teachers and school administrators.and school administrators.

Many of the forces shaping Many of the forces shaping policy and practice in public policy and practice in public education have a education have a disproportionately negative disproportionately negative impact on children we serve in impact on children we serve in special education programs.special education programs.

Class Action Litigation, Class Action Litigation, Disability, & Juvenile Disability, & Juvenile

CorrectionsCorrections Juvenile Cases (22 states + DC, PR)Juvenile Cases (22 states + DC, PR)

Arkansas, Arizona (2), California (3), Arkansas, Arizona (2), California (3), Colorado, Connecticut, Delaware, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, District of Columbia, Florida, Georgia, Indiana (2), Louisiana, Kentucky, Indiana (2), Louisiana, Kentucky, Maryland, Michigan, New Hampshire, Maryland, Michigan, New Hampshire, New York, Ohio, Oregon, Pennsylvania, New York, Ohio, Oregon, Pennsylvania, Puerto Rico, South Carolina, South Puerto Rico, South Carolina, South Dakota, Utah, WashingtonDakota, Utah, Washington

If you look at the kids who are on the suspension and If you look at the kids who are on the suspension and

expulsion rolls in almost any school district, what you’ll expulsion rolls in almost any school district, what you’ll

find is they are not only disproportionately students of find is they are not only disproportionately students of

color, disproportionately African-American and male, but color, disproportionately African-American and male, but

also disproportionately the lowest-achieving kids, kids in also disproportionately the lowest-achieving kids, kids in

special education, kids in foster care.  ….  We respond to special education, kids in foster care.  ….  We respond to

their neediness by pushing them out.their neediness by pushing them out.

Pedro Noguera  Pedro Noguera 

Zero Tolerance and Concern Zero Tolerance and Concern About Violence and About Violence and

DisruptionDisruption Response to school violence Response to school violence

and disruptionand disruption Interpretation of this mandateInterpretation of this mandate Zero tolerance = Zero Zero tolerance = Zero

discretiondiscretion New measures are not New measures are not

consistent with trend in school consistent with trend in school violence and disruptionviolence and disruption

Being ‘bad’ is Being ‘bad’ is more socially more socially acceptable acceptable than being than being ignorant – ignorant – particularly for particularly for adolescentsadolescents

Differential Treatment & Differential Treatment & VulnerabilityVulnerability

Characteristics of youthCharacteristics of youth More Likely to beMore Likely to beSocial skills deficitsSocial skills deficits SuspendedSuspendedImpulsivity Impulsivity Behaviors Interpreted byBehaviors Interpreted by ExpelledExpelledDistractibilityDistractibility Educators Educators Detained by Detained by

PolicePolice PolicePolice Detained in JuvenileDetained in Juvenile CourtsCourts Corrections Corrections Corrections staffCorrections staff Committed to Committed to

Juvenile Corrections Juvenile CorrectionsSent to Disciplinary Sent to Disciplinary Confinement ConfinementCommitted for Committed for longer periods of longer periods of time while awaiting time while awaiting

specialized specialized programs or programs or placements placements

Youth in juvenile Youth in juvenile corrections are corrections are disproportionately African-disproportionately African-American, Latino, male, American, Latino, male, poor and have experienced poor and have experienced school failureschool failure

Mental health and substance Mental health and substance abuse problems of these abuse problems of these youth are co-morbid with youth are co-morbid with other factors that place other factors that place youth at-risk for negative youth at-risk for negative life outcomeslife outcomes

Characteristics of Youth in the Characteristics of Youth in the Juvenile Delinquency SystemJuvenile Delinquency System

On average, youth’s reading abilities are four years On average, youth’s reading abilities are four years below their peers. below their peers.

The prevalence of conditions such as mental The prevalence of conditions such as mental retardation, learning disabilities, and emotional retardation, learning disabilities, and emotional disturbance is three to five times the rate of these disturbance is three to five times the rate of these conditions in the public schoolsconditions in the public schools ..

Youth often have multiple mental illnesses and/or Youth often have multiple mental illnesses and/or are exposed to multiple risk factors associated with are exposed to multiple risk factors associated with delinquent behavior.delinquent behavior.

Juvenile Delinquency System Juvenile Delinquency System Profile of Juvenile Offenders in the U.S, Profile of Juvenile Offenders in the U.S,

19991999

Crimes Crimes against against personspersons

PropertPropertyy

DrugDrug Public Public OrderOrder

Status Status

offenseoffensess

35%35% 29%29% 9%9% 23%23% 4%4%

Incarceration Rates - 1999Incarceration Rates - 1999Rate per 100,000 juveniles Rate per 100,000 juveniles

United States totalUnited States total 371371District of ColumbiaDistrict of Columbia 704704

South DakotaSouth Dakota 632632

Louisiana*Louisiana* 580580

Connecticut*Connecticut* 513513

ArizonaArizona 334334

New MexicoNew Mexico 378378

MissouriMissouri 205205

West VirginiaWest Virginia 202202

New Hampshire*New Hampshire* 167167

VermontVermont 9696

Youth Served under IDEA in Youth Served under IDEA in Juvenile CorrectionsJuvenile Corrections by Type of by Type of

DisabilityDisability Quinn Quinn

et al., (2005)et al., (2005) Youth Youth served served

/eligible for /eligible for Special Ed.Special Ed.

33.4% 33.4% (n=8613)(n=8613)

Disability classifications as a Disability classifications as a percentage of all youth percentage of all youth

identified with a disabilityidentified with a disability

Emotional Emotional DisturbanceDisturbance

47.7%47.7%

Learning Learning DisabilityDisability

38.6%38.6%

Mental Mental RetardationRetardation

9.7%9.7%

Current profile of youth ‘04-Current profile of youth ‘04-0505

552 youth at entry to juvenile 552 youth at entry to juvenile detention or commitment facility, detention or commitment facility, July 04 – June 05July 04 – June 05

Academic assessments, interviews, Academic assessments, interviews, and file reviewand file review

Most youth receive inadequate Most youth receive inadequate preparation for return to their preparation for return to their

communitiescommunities

..

Problems experienced by youth with Problems experienced by youth with disabilities are not always apparentdisabilities are not always apparent

Many youth with disabilities and mental health Many youth with disabilities and mental health problems do not have overt markers or cues about problems do not have overt markers or cues about their disabilities. their disabilities.

Some youth with mental health problems are socially Some youth with mental health problems are socially competent, others have serious problems expressing competent, others have serious problems expressing themselves clearly when under pressure.themselves clearly when under pressure.

What we knowWhat we know

Empirical studies consistently demonstrate a Empirical studies consistently demonstrate a strong link between marginal literacy skills strong link between marginal literacy skills and the likelihood of involvement in the and the likelihood of involvement in the juvenile delinquency system. juvenile delinquency system.

Most incarcerated youth lag two or more years Most incarcerated youth lag two or more years behind their age peers in basic academic skills, behind their age peers in basic academic skills, and have higher rates of grade retention, and have higher rates of grade retention, absenteeism, and suspension or expulsion. absenteeism, and suspension or expulsion.

ChallengesChallenges Responding to a negative and politically Responding to a negative and politically

charged climate surrounding youth crimecharged climate surrounding youth crime Creating “self-interest” arguments for Creating “self-interest” arguments for

schools, courts, and communities associated schools, courts, and communities associated with more positive outcomes for youthwith more positive outcomes for youth

Using IDEIA and the IEP process to ensure Using IDEIA and the IEP process to ensure students receive services that prevent their students receive services that prevent their involvement in the delinquency system.involvement in the delinquency system.

QuestionsQuestions

Does it make sense fiscally or ethically to Does it make sense fiscally or ethically to incarcerate large number of African American, incarcerate large number of African American, and Latino youth, and youth with disabling and Latino youth, and youth with disabling conditions and marginal skills? conditions and marginal skills?

Does it make sense to return youth to the Does it make sense to return youth to the community after incarceration without community after incarceration without preparation for vocational or post-secondary preparation for vocational or post-secondary education options?education options?

More Questions

How can schools and school districts become more responsive to the needs of all of their students?

How can we ensure that if the court decides to detain or commit youth, that those youth receive appropriate education and treatment?

How can we ensure that agencies collaborate when serving youth?

For more informationFor more information

EDJJ: National Center on Education, EDJJ: National Center on Education, Disability, & Juvenile JusticeDisability, & Juvenile Justice

1308 Benjamin Bldg.1308 Benjamin Bldg.University of Maryland, University of Maryland, College Park, MD 20742-1161College Park, MD 20742-1161

www.edjj.orgwww.edjj.org