DESE is the Legislature's mandate to “provide special education to school-age children with disabilities incarcerated in county correctional facilities,” first by limiting its responsibilities through its own regulations and then by outsourcing. That's contrary to its express intent, the lawsuit alleges. Educational services provided to Collaborative for Education Services, a private, not-for-profit contractor.
Why do any of this matter, aside from the legal requirements of actually complying with a state law enacted in 1972 aimed at combating discrimination against students with disabilities?
Well, these kids, including those in county jails, aren't going to be there forever. And when they graduate, it matters whether they have a diploma or are on track to get a diploma.
As this lawsuit so eloquently points out, that's why we all need to be mindful of:
“The life prospects of young people who fail to graduate are greatly diminished, both financially and otherwise. To have a reasonable chance of competing in today's job market, a high school diploma is necessary. A meaningful Without employment opportunities, young people are significantly more likely to live in poverty and be dependent on public benefits as adults. This poverty not only exacerbates mental health problems, but also homelessness. and can perpetuate the cycle of unemployment.”
The lawsuit is filed on behalf of three incarcerated students, John Doe No. 1, No. 2, and No. 3, who are currently housed in Norfolk, Plymouth, and Norfolk undergoing individualized education programs. , brought on by the EdLaw Project of the Public Lawyers Service Commission and the Mental Health Legal Advisors Commission. Essex County — and probably more than 200 counties.
According to DESE's own statistics, approximately 20% of all students in public schools in Massachusetts have a disability covered by an IEP. Approximately 50 percent of students in the custody of the Office of Youth Services receive special education services.
A 2022 report by the advocacy group Citizens for Juvenile Justice also found that county correctional facilities tasked by the Department of Education to identify special education students It is estimated that 142 to 189 people were undercounted.
As the complaint points out, DESE relies on county jail officials, rather than special education contractors, to identify students with existing special education programs. And prison officials typically rely on students themselves to speak up in embarrassing situations.
“One prison overcame the shame students with learning disabilities experience by asking students to raise their hands in front of other incarcerated youth when the group asked if anyone had an IEP. “,” the complaint states.
The Department of Education had no comment other than to say, “We are considering litigation and are committed to ensuring that all students with disabilities receive the services they deserve.”
But the lawsuit alleges that DESE “offers nothing but limited math and English tutoring to eligible students” and that as of February, “all 15 county correctional facilities offer special education.” Only 2.4 full-time equivalent teachers did so.” As of February, only 12 students were receiving DESE services, and six county facilities were listed as having no students receiving special education services.
Of course, we shouldn't sue to force state officials to do the right thing. Back in 1981, a federal court injunction and accompanying findings of fact forced DESE to provide direct services to special education students in the same county facilities, and since then, the student's school district has I'm trying to hold you accountable. and the private contractor came.
Under the previous system, students “worked full-time and received critical daily instruction from state employees who were certified in special education,” according to the lawsuit.
Today's system represents an untenable step backwards by the state Department of Education at a time when we know more, not less, about the value of such programming and the impact it has on the futures of those who receive it. There is. Massachusetts, the home of public education, could do better.
Editorials represent the views of the Boston Globe Editorial Board.Please follow us @GlobeOpinion.
