Enhancing Correctional Education: Collaborative Strategies for Positive Outcomes

1. “Collaboration, Partnership, Support and Flexibility among Federal Agencies to Improve Educational Outcomes in Correctional Settings” Office Special Education and Rehabilitative Services Office of Special Education Programs / Rehabilitation Services Administration Office of Elementary and Secondary Education , Office of School Support and Accountability Office of Career, Technical and Adult Education, Office of Correctional Education U.S. Department of Justice / Civil Rights Division Federal Bureau of Prisons National Technical Assistance Center for the Education of Neglected or Delinquent Children and Youth Coalition for Juvenile Justice

2. OSEP Disclaimer 2019 OSEP Leadership Conference DISCLAIMER: The contents of this presentation were developed by the presenters for the 2019 OSEP Leadership Conference. However, these contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. (Authority: 20 U.S.C. 1221e-3 and 3474)

3. Introduction Office of Special Education Programs Director Laurie VanderPloeg OSEP Juvenile Justice Lead David Emenheiser

4. Agenda • Introduction: OSEP Director and Research To Practice Correctional Education Lead • Overview of Juvenile Justice Reform Act of 2018: Executive Director, Coalition of Juvenile • Civil Rights Enforcement and IDEA: DOJ, Deputy Chief of Special Litigation • Correctional Education Entry/Residence/Re-Entry: NDTAC, Project Director /Title I Part-D • What’s new in Adult Correctional Education: OCTAE Correctional Education Lead • Resources, Question and Answers

5. Correctional Education Strands

6. Coalition for Juvenile Justice Overview of Juvenile Justice Reform Act of 2018 Coalition For Juvenile Justice Executive Director, Naomi Smoot

7. Coalition for Juvenile Justice • Reauthorized on Dec. 21, 2018 • Updates all four core protections • First changes in 16 years • Resources from CJJ (including full slide presentation): http://juvjustice.org/juvenile-justice-and-delinquency-prevention-act/reauthorization-jjdpa

8. Coalition for Juvenile Justice • Report to Congress from Office of Juvenile Justice and Delinquency Prevention (OJJDP) must include educational status of youth in the system, including special education needs, failing performance, grade retention, etc. • OJJDP must also report on the number of cases that start on school grounds. Sec 207(1)(J) • The Administrator’s report will need to identify positive outcome measure, such as educational degrees, that states and local government should use in their evaluations Resources from Act4JJ: http://act4jj.org/resources

9. Coalition for Juvenile Justice Priority given to evidence-based and promising programs that include educational programs and supportive services for at-risk and delinquent youth such as: • Drop out and truancy prevention/reduction • Alternative learning situations • Transition services aimed at employment and self-sufficiency • Coordination and communication between schools and alternative placement settings • Other priorities include afterschool programs that feature tutoring, mentoring, and other educational and enrichment activities • Agency receiving Juvenile Justice and Delinquency Prevention Act (JJDPA) funds will need to collaborate with state educational agency receiving assistance under Part A of title I of the Elementary and Secondary Education Act of 1965 to develop and implement plan to ensure educational progress – transfer of student records and credits, ensures youth receive full or partial credit for coursework satisfactorily completed Resources from OJJDP: https://www.ojjdp.gov/about/legislation.html

10. U.S. Department of Justice Civil Rights Enforcement and IDEA Deputy Chief, DOJ Special Litigation Section Shelley Jackson

11. U.S. Department of Justice Statutory Authority • U.S. Attorney General has authority to remedy a “pattern or practice” of conduct that violates the constitutional or federal statutory rights of youth in juvenile justice institutions (Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. Section 1997; 34 U.S.C. Section 12601) • CRIPA and 34 U.S.C. Section 12601 allow DOJ to seek remedies for pattern and practice violations of incarcerated youths’ IDEA rights. • In the Civil Rights Division, this work is done by the Special Litigation Section • In addition to IDEA, DOJ can seek remedies for violations of these federal civil rights laws: • Title VI – prohibits discrimination on the basis of race, color or national origin by recipients of federal financial assistance • Title IX – prohibits discrimination on the basis of sex by recipients of federal financial assistance. • Section 504 of the Rehabilitation Act – prohibits discrimination on the basis of disability by recipients of federal financial assistance • ADA Title II – prohibits discrimination on the basis of disability by state and local government entities, regardless of whether they receive federal financial assistance D

12. U.S. Department of Justice Recent cases and matters: • Leflore County, MS. Juvenile Detention Center (education provided by the State of Mississippi) • In January 2016, DOJ identified IDEA violations: • Failure to comply with Child Find requirements • Failure to promptly obtain youths’ IEPs • Denial of FAPE • In response, Mississippi implemented new policies and procedures, including: • Revised Child Find policies and procedures • Improved procedures to obtain youths’ IEPs and other academic records • New policies and procedures designed to ensure students receive the educational services in their IEPs • In recognition of these improvements, DOJ closed its investigation in June 2019. • More information is available at: https://www.justice.gov/crt/special-litigation-section-case-summaries#leflore-summ

13. U.S. Department of Justice Recent cases and matters, cont.: • DOJ Statement of Interest in H.C. v. Bradshaw (Palm Beach County, Fla.) (October 2018) • Youth with disabilities in adult jail alleged they were denied special education and related services while being held in solitary confinement • The youth in this case were charged with adult crimes • DOJ’s Statement outlined IDEA obligations, including that both County Sheriff’s Office and local school district were “involved in the education of children with disabilities,” and therefore shared responsibility for providing FAPE to youth in the jail • DOJ’s Statement of Interest is available at: https://www.justice.gov/crt/case-document/file/1113021/download

14. OSSA Title I Part D / NDTAC Correctional Education Entry/Residence/ and Re-entry Office of School Support and Accountability, Title I Part D National Technical Assistance Center for the Education of Neglected or Delinquent Children and Youth NDTAC, Project Director Simon Gonsoulin

15. Stages of Transition What is Transition? A set of activities that are: • Coordinated • Supportive • Outcome-focused • Present across multiple systems Four stages: • Entry into the justice system • Residence • Exit from incarceration • Aftercare

16. Stage 1: Entry FACILITY Request records Conduct intake assessments Assemble a transition team Develop or revise the transition plan Provide evidence-based programming Monitor and track youth’s progress YOUTH Participate in: -facility orientation -intake interview -transition planning -evidence-based programming (based on individual need) FAMILY Orient family to facility Communicate respectfully and appropriately with families Include family input in transition plan Make support systems available COMMUNITY Seek community records/info Increase interagency awareness Include community stakeholder input in transition

17. Stage 2: Residence FACILITY Provide evidence-based programming Continue transition team meetings Revise transition plan Monitor and track youth’s progress and update records Provide pre-release transition training YOUTH Continue to participate in: -transition team -evidence-based programming -pre-release transition planning COMMUNITY Establish opportunities for community engagement Establish procedures and interagency agreements Continue to include community stakeholder input in transition plan FAMILY Offer programming Offer family counseling or therapy Continue to communicate Continue to include family input in transition plan

18. Stage 3: Exit FACILITY Prepare records & transcripts Continue transition team meetings Revise the transition plan Connect youth to service providers Develop or revise the transition plan Prerelease transition training for youth Monitor and track youth’s progress YOUTH Increased participation with transition specialists Increased participation with transition team Seek external mentors Seek external peer supports Increased involvement with probation COMMUNITY Provide records and information Conduct prerelease visits Coordinate opportunities for engaging youth in the community Increase interagency awareness FAMILY Continue to include family input in transition team decisions Prepare the family for the youth’s return Continue to offer family counseling Provide assistance with reintegration Make support systems available

19. Stage 4: Aftercare YOUTH Know how to be engaged Meet with transition team/specialist (communicate) Implement transition plan Participate in community programming or employment Meet terms of parole/work with probation FACILITY Define “successful youth engagement” Continue transition team meetings (communicate) Revise transition plan Monitor and track youth’s progress FAMILY Increase family input in transition team (communicate) Assist with reintegration Provide family resources, counseling, or therapy continue to communicate with families COMMUNITY Increase interagency awareness Define engagement Increase stakeholder input in transition plan (communicate) Share resources

20. Office of Career, Technical, and Adult Education, Office of Correctional Education Overview of Career, Technical, and Adult Education Resources OCTAE Correctional Education Director Sean Addie

21. Funding Sources for Correctional Education Workforce Innovation and Opportunity Act (WIOA) • Increased the state expenditure cap for correctional education programs to 20 percent • Expanded the allowable program components for corrections education to include five new categories: • Integrated education and training • Career pathways • Concurrent enrollment • Peer tutoring • Transition to reentry initiatives and other post-release services

22. Funding Sources for Correctional Education Carl D. Perkins Career and Technical Education Act of 2006 as amended by the Strengthening Career and Technical for the 21st Century Act (Pub. L. 115-224), (Perkin V) • Increased the state expenditure cap for correctional education programs to two percent • Added individuals confined to juvenile justice facilities as allowable recipients of career and technical education (CTE) funds • Indicates that state plans should include assurances that funds will be provided to implement CTE programs and programs of study in state correctional institutions, including juvenile facilities

23. Correctional Education Resources / Questions and Answers Office of Special Education Programs Rehabilitation Services Administration Office of School Support and Accountability Marion Crayton, OSEP Tara Jordan, RSA Jasmine Akinsipe, OSSA Curtis Kinnard, OSEP

24. Correctional Education Federal Resources OSEP: Monitoring and State Improvement Planning Division and Research To Practice OSEPrecommends that agencies review the Department’s December 2014 Correctional Education Guidance Package which included the Office of Special Education and Rehabilitative Services’ (OSERS’) Dear Colleague Letter. https://www2.ed.gov/policy/gen/guid/correctional-education/idea-letter.pdf, (New IDEA site for Correctional Education :https://sites.ed.gov/idea/topic-areas/), Old Site- (https://osep.grads360.org/#program/highlighted-resources) OSEP: Students with Disabilities in Correctional Facilities, January 29, 2019: addresses whether students in adult correctional facilities are denied FAPE when the State offers such students only a General Education Development (GED) credential rather than the opportunity to earn a regular high school diploma because the students are incarcerated in a particular adult corrections facility. https://www2.ed.gov/policy/speced/guid/idea/memosdcltrs/osep-letter-to-duncan-01-29-2019.pdf OSEP: Improving Outcomes for Youth With Disabilities in Juvenile Corrections: https://osepideasthatwork.org/jj OSEP: Secondary Graduation and Transition: This guide is being issued by OSERS, the Rehabilitation Services Administration, and the Office of Special Education Programs to advance our efforts in ensuring that all students and youth with disabilities are equipped with the skills and knowledge to be engaged in the 21st century workforce. https://www2.ed.gov/about/offices/list/osers/transition/products/postsecondary-transition-guide-2017.pdf Rehabilitation Services Administration (RSA): Vocational Rehabilitation Technical Assistance (TA) Center for Youth with Disabilities Resources: The https://y-tac.org/#program brings together five different National Youth-Focused Training and Technical Assistance Centers, funded by the U.S. Department of Education’s Rehabilitation Services Administration (RSA) and OSEP, as well as the U.S. Department of Labor’s Office of Disability and Employment Policy (ODEP). These five centers are working together to provide technical assistance and training to State/local agencies and programs to build successful pathways to postsecondary education and employment opportunities for youth and students with disabilities.

25. Correctional Education Federal Resources • OSEP: RESEARCH TO PRACTICE • Professional Development Modules.IRIS TA Center developed a two-part series of modules for personnel development related to corrections education: http://iris.peabody.vanderbilt.edu/about/ • Youth with Disabilities in Juvenile Corrections Part 1: Improving Instruction focuses on developing evidence-based instruction in correctional education programs. • Part 2: Transition and Reentry to School and Community provides better practices to support youth with disabilities to succeed after release from correctional educational programs. • Parent Resources.OSEP’s Center for Parent Information and Resources has developed resources for professionals working with parents of juvenile justice-involved students with disabilities: http://www.parentcenterhub.org/ • Juvenile Justice Toolkit: https://www.parentcenterhub.org/juvenile-justice-toolkit/ • Facility-wide PBIS Framework.The PBIS Center customized their school-wide framework for application to the unique circumstances in juvenile justice facilities and correctional education programs: https://www.pbis.org/Common/Cms/files/Forum15_Presentations/RDQ%2014%20Brief%20-%20Juvenile%20Justice.pdf • MDP Cross-Cohort Analysis.Analysis of the MDP’s common measures of student outcomes and systems change was reported in A Better Path, A Better Future: Three Federally-funded Projects Supporting Community Reentry of Youth with Disabilities Leaving Juvenile Justice Facilities: https://ici.umn.edu/products/reports/a-better-path/#Cover

26. Correctional Education Federal Resources Office of School Support and Accountability (OSSA) Title I Part D • Title I Part-D Program Website- https://www2.ed.gov/programs/titleipartd/index.html • The program website includes information on- the purpose of the program, budget history, monitoring plan and performance reports, laws, legislation, and regulations, and contact information. • The National Technical Assistance Center for the Education of Neglected or Delinquent Children and Youth (NDTAC)- https://neglected-delinquent.ed.gov/ • NDTAC operates the U.S. Department of Education’s technical assistance and information center for the Title I Part D Program. The overarching mission of NDTAC is to improve educational programming for neglected and delinquent youth.

27. Correctional Education Federal Resources National Technical Assistance Center for the Education of Neglected or Delinquent Children and Youth • NDTAC Guide 2018:  Meeting the Literacy Needs of Students in Juvenile Justice Facilities. https://neglected-delinquent.ed.gov/sites/default/files/Adolescent-LitGuide-508_0.pdf In this update to the2010 Literacy Guide, administrators and teachers are provided strategies on increasing opportunities for students in juvenile justice facilities to improve their literacy skills, ultimately increasing the likelihood of positive outcomes in the youth’s future. This guide continues to build upon the four research-based recommendations and strategies found in the 2010 guide, designed to help improve life-long literacy outcomes for students. These include: Ensuring facilities have necessary infrastructure, using data for decision making, providing comprehensive literacy programs, and structuring intensive interventions. Additionally, this guide provides a list of valuable resources for further support. • NDTAC Guide 2018:  Making It Count, Strategies for Improving Mathematic Instruction for Students in Short-Term Facilities. https://neglected-delinquent.ed.gov/sites/default/files/NumeracyGuide2018-508.pdf This guide is the second edition of the Making It Count publication, first published by NDTAC in 2010. This version updates the information from the earlier publication, and also includes strategies for using project-based learning and Web-based instructional programs to support the development of mathematics proficiency for youth in short-term juvenile correctional facilities. This guide is primarily designed to help practitioners implement research-based, effective mathematics instruction in short-term facilities; and provides recommendations, strategies, and examples for teachers that increase the likelihood that students will become more proficient at understanding mathematics and applying existing and emerging skills. Just as important, the guide can help teachers promote the self-confidence of students in their ability to use mathematics to solve problems.

28. Correctional Education Federal Resources National Technical Assistance Center for the Education of Neglected or Delinquent Children and Youth • NDTAC Issue Brief 2016:  Key considerations in Providing a Free and Appropriate Public Education for Youth with Disabilities in Juvenile Justice Secure Care Facilities: https://neglected-delinquent.ed.gov/sites/default/files/NDTAC_Issue_Brief_FAPE_12_15.pdf This brief discusses three key components within the Individuals with Disabilities Education Act necessary for the provision of free appropriate public education to youth with disabilities in juvenile justice secure care facilities—Child Find, least restrictive environment, and individualized education programs and related protections. • NDTAC Toolkit:  Transition Toolkit 3.0, 2016,  Meeting the Educational Needs of Youth Exposed to the Juvenile Justice System: https://neglected-delinquent.ed.gov/sites/default/files/NDTAC-TransitionToolkit30FINAL.pdf The third edition of NDTAC's Transition Toolkit brings together strategies, existing practices, and updated resources and documents on transition to enable administrators and service providers to provide high-quality transition services for children and youth moving into, through, and out of education programs within the juvenile justice system. The strategies are categorized by facility-centered activities, youth-centered activities, family-centered activities, and community/systems-centered activities across all four stages of transition. 

29. Correctional Education Federal Resources Office of Career, Technical and Adult Education, Office of Correctional Education Ability to Benefit • Allows students who complete six credits or with a passing score on an approved assessment test and enrolled in a career pathway to qualify for federal financial aid, including Pell grants Reentry Employment Opportunities • Provides funding to connect justice-involved individuals with the workforce system • For more information: https://www.doleta.gov/REO/eta_default.cfm

30. Correctional Education Federal Resources Office of Career, Technical and Adult Education, Office of Correctional Education National Reentry Resource Center (NRRC) • Provides grants to state and local governments and programs to support their work in reducing recidivism and improving outcomes for justice-involved individuals • For more information: https://csgjusticecenter.org/nrrc/ Department of Justice -Bureau of Justice Assistance • Provides funding to connect justice-involved individuals with the workforce system • For more information: https://www.bja.gov/

31. Correctional Education Federal Resources Office of Career, Technical and Adult Education, Office of Correctional Education Reentry Education Toolkit • This toolkit offers guidelines, tools, and resources to help education providers implement the Reentry EducationFramework. The Framework promotes the development of an education continuum spanning facility- and community-based reentry education programs • For more information: https://lincs.ed.gov/reentryed/ Literacy Information and Communication System (LINCS) Resources • LINCS Courses on correctional education • LINCS Resource collection • For more information: https://community.lincs.ed.gov/

32. Questions and Answers • Has your State or agency used OSEP’s State Correctional Education Self-Assessment (SCES)? If yes, please share how completing the Self-Assessment has improved what you are doing in your State or Program. If no, what can OSEP do to support your use of this Self-Assessment? • Do you have ideas for additional technical assistance from ED or DOJ that would be helpful in the area of juvenile or adult correctional education?

33. Correctional Education Federal Contacts Department of Education Department of Justice / Department of Education DOJ/OESE/OSSA/BOP/NDTAC/CJJ Shelley Jackson, Deputy Chief, DOJ Special Litigation Section, 202-305-3373, Shelley.Jackson@usdoj.gov Naomi Smoot, Executive Director, Coalition for Juvenile Justice, 202-467-0864, smoot@juvjustice.org Simon Gonsoulin, Project Director- National Technical Assistance Center for the Education of Neglected or Delinquent Children and Youth, 202-403-5653, sgonsoulin@air.org Jasmine Akinsipe, Management and Program Analyst, ED-OESE-OSSA , 202-401-3617, [State].OESE@ed.gov Tanja M. Murphy, Assistant Education Administrator, Bureau of Prisons (BOP),Central Office Education Branch, Federal Bureau of Prison, 202-305-3898, tmurphy@bop.gov David Emenheiser, Education Program Specialist, OSEP Juvenile Justice Lead, 202-245-7556, David.Emenheiser@ed.gov Marion Crayton, Education Program Specialist, OSEP/MSIP, Correctional Ed. Co/Lead and Implementation Science, 202-245-6474, Marion.Crayton@ed.gov Sean Addie, Director, Office of Correctional Education, Office of Career, Technical, and Adult Education,, 202-245-7374, Sean.Addie@ed.gov Tara Jordan, Grant Management Specialist , Rehabilitation Services Administration, 202-245-7341, Tara.Jordan@ed.gov Curtis Kinnard, Education Program Specialist, OSEP/MSIP, Correctional Ed. Lead, 202-245-7472, Curtis.Kinnard@ed.gov

34. OSEP Disclaimer 2019 OSEP Leadership Conference DISCLAIMER: The contents of this presentation were developed by the presenters for the 2019 OSEP Leadership Conference. However, these contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government. (Authority: 20 U.S.C. 1221e-3 and 3474)