Friday, August 16, 2019
Lisa Grumet (New York Law School) has posted Court-to-School Pipelines: Meeting Special Education Needs for Students on Juvenile Probation in New York (New York Law School Law Review, Vol. 63, No. 1, 2019) on SSRN. Here is the abstract:
Many children who are arrested and become involved with the juvenile justice system have learning or other educational disabilities, and are entitled to receive special education services in school. New York family court judges presiding over juvenile delinquency cases can consider a student’s educational performance and refer the student to mental health or social services outside of the school setting, but the court has limited authority to direct school officials or require specific services that would address a student’s educational needs. A student’s involvement in the juvenile justice system could represent an opportunity for enhanced educational advocacy or interventions, or a "court-to-school pipeline." This article discusses several different approaches to enhancing coordination between courts and schools for students who received community-based dispositions such as probation, including 1) involving schools directly in the process; 2) notifying schools about the juvenile delinquency proceedings; 3) ordering that out-of-school educational services be provided for the student; and 4) appointing an education advocate for the student. It concludes that authorizing the court to appoint an education advocate in appropriate circumstances and allocating resources for this purpose provides a way for a student’s educational needs to be addressed without involving the court directly in the student’s educational programming, and minimizes privacy concerns.