Individuals with Disabilities Education Act (IDEA) Part B
It is estimated that as many as 80 percent of youth in the juvenile justice system are eligible for special education services under the IDEA. See National Evaluation and Technical Assistance Center for Children and Youth who are Neglected, Delinquent or At-Risk (NDTAC), Fact Sheet: Youth with Special Education Needs in Justice Settings (Dec. 2014), In exchange for federal funding, the IDEA requires states to provide eligible students with a “free, appropriate public education” in the “least restrictive environment” with non-disabled peers. 20 U.S.C. §1400(c), (d). Part B of the Act sets forth the process for providing such education, including evaluations for services, eligibility determinations, educational placements, and procedural safeguards. Local Education Agencies must also develop, review, and revise an Individualized Education Program (IEP) for every eligible youth and delineate the services and educational placement most appropriate for the student to receive meaningful educational benefit. 34 C.F.R. § 300.320. The IDEA also provides specific protections for students with disabilities in the school discipline context. For example, within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child’s IEP Team must conduct a manifestation determination to decide whether the violation was a manifestation of the child’s disability. 34 CFR §300.530(e). If so, the child cannot be removed for more than ten days unless the removal is for weapons, drugs, or serious bodily injury under 34 CFR §300.530(g).
Part B also contains provisions regarding the confidentiality of these special education records. 20 U.S.C. §§1411-1419.