Special Education

Issue of Spec. Ed. in Prisons Pits Calif., ED

By Joetta L. Sack — April 30, 1997 4 min read
  • Save to favorites
  • Print

In an unusual test of special education’s limits, California and the Department of Education are at odds over the state’s refusal to provide special education services for disabled young people in prison for serious crimes.

The California Department of Corrections and Gov. Pete Wilson, a Republican, want the federal Education Department to allow states to decide whether to provide special education to incarcerated youths and adults age 21 and younger. But the federal department has threatened to withhold special education funding if California doesn’t change its ways.

In an April 18 letter, Mr. Wilson said that many of the California inmates in question had no chance of being rehabilitated, and that many are serving life sentences without the possibility of parole. Two are on death row.

“These wards have been moved to adult correctional institutions because they are violent thugs, not some misguided kids who stole pizzas,” Mr. Wilson wrote to Secretary of Education Richard W. Riley. “They include murderers, armed robbers, and rapists.”

At stake is more than $300 million in federal funds that help provide a free, appropriate education to disabled students through age 21 under the Individuals with Disabilities Education Act. The state must also offer those services to inmates who qualify, the Education Department says.

The federal money is only a part of the state’s $3.4 billion annual special education budget, but state leaders say that the department’s threatened action is unfair and that a cutoff of federal dollars would siphon resources from other disabled students.

“Mandating special education services for adult inmates makes no sense,” Mr. Wilson wrote.

A Guarantee for Services

Education Department officials refused to comment on the case last week because of ongoing back-room negotiations in the reauthorization of the idea. (“Progress Is Slow-Going in Spec. Ed. Negotiations,” April 9, 1997.) They discovered the lapse in the state’s services during a routine compliance monitoring review early last year.

But Jim Bradshaw, an education department spokesman, said federal officials had interpreted the idea to guarantee an education for all disabled students, including those incarcerated.

At a House IDEA hearing in February, one special education director from California asked Congress to give states discretion on whether to provide special education to incarcerated youths, and some lawmakers have expressed interest in clarifying the law to exclude prisoners.

Rep. Frank Riggs, R-Calif., who chairs the subcommittee that is handling the IDEA reauthorization, has opposed the Education Department’s policy.

Beau Phillips, a spokesman for Mr. Riggs, called the department’s potential action against California “an arbitrary, capricious threat” and blasted its plans to “threaten the special education services of all disabled children over a handful of 21-year-old inmates.”

He would not comment on whether the IDEA legislation being negotiated would have language on special education services for incarcerated disabled youths. Subcommittee members have said they hope to unveil their reauthorization language by Memorial Day.

Showdown in Sacramento?

About 10,000 inmates in California’s corrections system are 21 or younger, according to a spokesman for the California corrections department. None currently receives special education services, and it is unclear how many would qualify if the corrections department offered the services.

Wards in the California Youth Authority who are eligible for special education, however, do receive services, according to a spokesman. About 9,100 youths ages 13 to 24 are housed by the youth authority.

In addition to California, 24 other states have been ordered to provide special education services to inmates, according to an Education Department spokesman. But those violations were not as severe as those in California, and the other states have agreed to provide services, the spokesman said.

The Education Department plans to hold a hearing next month in Sacramento on whether to allow California to enter into a compliance agreement, in which the state would agree to provide services to young inmates by an agreed-upon date. The state would be required to prove consistent progress toward that goal.

But a spokesman for the California corrections department said the state plans to fight the law, rather than comply.

“We feel the money more rightly should go to public school children in kindergarten to 12th grades rather than having it go to adult inmates in prison,” the spokesman said.

To support his position, Gov. Wilson cited the Virginia v. Riley case, in which a federal appeals court said Virginia did not violate federal law in cutting off services for violent disabled students.

The Education Department had also tried to withhold the state’s special education allotment in that case. (“Court Rejects ED Stance in Spec. Ed. Discipline Case,” Feb. 12, 1997.)

However, that ruling only applies in the federal court system’s 4th Circuit, which includes Virginia, West Virginia, Maryland, North Carolina and South Carolina.

In a related case, the U.S. Court of Appeals for the 9th Circuit last week rejected an appeal by youths incarcerated in Arizona, who claimed the state had violated the idea by not providing them with special education.

The court ruled that the state was not at fault because it attempted to provide the services once it realized its mistake.

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Personalized Learning Webinar
Differentiation That Delivers: Proven Practices From High-Growth Districts
Make every minute count. Proven strategies from educators and leaders driving real student growth. Save your seat!
Content provided by i-Ready, Curriculum Associates
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
From Exposure to Experience: Designing Accessible Work-Based Learning
Learn how schools can create meaningful experiences that help every student build skills, connections, and a clearer path to their future.
Content provided by Project Lead The Way
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
School & District Management Webinar
A Tale of Two School Districts: Forecasting Enrollment
Forecasting enrollment is hard. Here’s how two different districts are navigating times of change with data that considers the whole picture.
Content provided by Zonda Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Special Education Q&A How New Federal Guidance on Disability Could Impact K-12 Special Education
New federal DOJ guidance deemphasizing independent living skills could affect special education transition plans.
4 min read
Elaine Wilson, left, and Lois Curtis are shown in this April 10, 1999 file photo. States may have to place people with mental disabilities in homelike settings if they can fare just as well there as in state hospitals, the Supreme Court said Tuesday, June 22, 1999. The decision did not provide the final word in the legal battle of the two Georgia women who sued Georgia to get out of a state mental hospital in Atlanta. Elaine Wilson and Lois Curtis had been approved for community-based care but faced long waiting lists. Now in group homes, both women attended the Supreme Court arguments for their case in April.
Plaintiffs Elaine Wilson and Lois Curtis, shown here on April 10, 1999, during their Supreme Court battle, were the two Georgia women whose lawsuit established the landmark <i>Olmstead</i> decision requiring community-based care for adults with disabilities. The U.S. Department of Justice in July issued new guidance that said it will no longer rely upon the <i>Olmstead</i> decision in its enforcement of the Americans with Disabilities Act.
John Bazemore/AP
Special Education Little Chefs, Big Gains: Students With Disabilities Cook Toward Independence
Cooking helps the elementary students learn counting, build fine motor skills, and practice emotional regulation.
3 min read
Students get waffle mix for a chicken and Waffles cooking day in the classroom of Gabrielle Carpenter at the Daniel Webster School in Indianapolis, Friday, Oct. 2, 2026.
Students prepare waffle mix in Gabrielle Carpenter's special education classroom on Oct. 2, 2026, at Daniel Webster School 46 in Indianapolis. Carpenter uses the biweekly cooking lessons to teach the students independence, along with skills like counting and measuring.
AJ Mast for Education Week
Special Education Cameras in Special Ed. Classrooms: Safety Measure or Privacy Invasion?
Cameras don't address insufficient teacher training, inadequate staffing, and poor behavior policies.
7 min read
A photo showing a CCTV security eye style camera monitoring students in a classroom. The classroom is blurred in the background while the camera is in focus.
iStock/Getty
Special Education Spotlight Beyond the Diagnosis: Helping Students With Dyslexia Thrive
Explore what educators need to know about dyslexia—and how the right support can help students build confidence and thrive.