Detained or Incarcerated Youth
Guidance for Serving Youth who are Detained or Incarcerated
All students incarcerated are entitled to a Free and Appropriate Public Education (FAPE), and it is the ultimate responsibility of the Local Education Agency (LEA), where the local jail is located to ensure the provision of a FAPE.
A free appropriate public education (FAPE) must be available to all children residing in the state
between the ages of 3 and 21, even if they are incarcerated, including children with disabilities who
have been suspended or expelled from school. The Glynn County school system (GCSS) ensures a FAPE for all children with disabilities within its jurisdiction in accordance with the Individuals with Disabilities Education Act
(IDEA).
between the ages of 3 and 21, even if they are incarcerated, including children with disabilities who
have been suspended or expelled from school. The Glynn County school system (GCSS) ensures a FAPE for all children with disabilities within its jurisdiction in accordance with the Individuals with Disabilities Education Act
(IDEA).
The GCSS maintains a current Memorandum of Agreement (MOA) with officials from the sheriff's office for the purpose of ensuring two-way communication and collaboration. The MOA outlines practices and procedures for fulfilling our obligation to ensure Child Find for all suspected children with disabilities incarcerated and to ensure the provision of a FAPE. Students who need special education and related services are identified, located, and evaluated. Students previously identified as eligible to receive special education services with active Individualized Education Plans (IEPs) are provided services. An IEP team must convene and determine appropriate special education services for the incarcerated student.
Student incarcerated in local jail within the jurisdiction of his/her LEA of residence
The LEA where the jail is located is responsible for providing special education services to students in
that jail. The LEA must convene an IEP Team meeting and determine appropriate special education
services. Students incarcerated in local jails in the LEA’s jurisdiction should remain enrolled in the LEA
and receive special education services.
The LEA where the jail is located is responsible for providing special education services to students in
that jail. The LEA must convene an IEP Team meeting and determine appropriate special education
services. Students incarcerated in local jails in the LEA’s jurisdiction should remain enrolled in the LEA
and receive special education services.
Student incarcerated in local jails outside the jurisdiction of his/her LEA of residence
The LEA where the jail is located is responsible for providing special education services even though
the student is not a resident of the county/city where the jail is located. It is best practice for the LEA
where the student resides to work with the LEA where the jail is located and participate in the IEP Team
meeting to determine appropriate services. The two LEAs should collaborate to do what is most
appropriate for the student. The student may be withdrawn from their LEA of residence and enrolled in
the LEA where the jail is located. If this occurs, the LEA where the jail is located will provide the
services.
The LEA where the jail is located is responsible for providing special education services even though
the student is not a resident of the county/city where the jail is located. It is best practice for the LEA
where the student resides to work with the LEA where the jail is located and participate in the IEP Team
meeting to determine appropriate services. The two LEAs should collaborate to do what is most
appropriate for the student. The student may be withdrawn from their LEA of residence and enrolled in
the LEA where the jail is located. If this occurs, the LEA where the jail is located will provide the
services.
FAPE for Students Incarcerated in the Georgia Department of Corrections (GDC) and Georgia
Department of Juvenile Justice (DJJ)
Both the Georgia Department of Corrections (GDC) and the Georgia Department of Juvenile Justice
(DJJ) function as their own LEAs; students incarcerated as juveniles must be withdrawn from their
LEAs of residence and enrolled in DJJ or GDC. An IEP Team will need to convene and determine
appropriate services. The U.S. Department of Education, Office of Special Education Programs (OSEP)
makes it clear “that regardless of the structure in a State, the State as the IDEA, Part B grantee, has
ultimate responsibility for ensuring FAPE is made available to all eligible students with disabilities
residing in State and local juvenile and adult correctional facilities.”
In addition, the IEP Team of a child with a disability may modify the child’s IEP or
placement if there is a security or compelling penological interest that cannot otherwise be
accommodated.
placement if there is a security or compelling penological interest that cannot otherwise be
accommodated.
General Supervision
• The GCSS has written policies, practices, and procedures that assure compliance with IDEA for incarcerated
students as evidenced through the MOA. See MOA, Flow Chart and Questionnaire
• The GCSS has written policies, practices, and procedures that assure compliance with IDEA for incarcerated
students as evidenced through the MOA. See MOA, Flow Chart and Questionnaire
• The GCSS provides professional learning activities to ensure all teachers and administrators are fully informed of their responsibilities for providing services should enrolled students become incarcerated.
• The Director of Special Education provides sustained supervision to monitor for the compliant practices involved in providing services for students who are incarcerated.
• The Director of Special Education provides sustained supervision to monitor for the compliant practices involved in providing services for students who are incarcerated.
Contact Dr. Pam McKinnon for any additional information.
912-267-4100 ext. 1160 or [email protected]