Implementation of Public Law 94-142 as It Relates to Handicapped Delinquents in the District of Columbia
GGD-86-4
Published: Oct 17, 1985. Publicly Released: Oct 17, 1985.
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Highlights
Pursuant to a congressional request, GAO reviewed the District of Columbia's (D.C.) implementation of the Education for All Handicapped Children Act of 1975, which pertains to learning-disabled and emotionally disturbed juvenile delinquents and requires that education and services for handicapped children be delineated in individualized education programs (IEP).
Recommendations
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Board of Education | The Board of Education should direct the Superintendent, DCPS, to work toward reducing the time necessary for assessment, IEP development, and placement of handicapped delinquents with the goal of ultimately adhering to the Mills Decree's 60-day requirement. As a first step, the Superintendent should emphasize to all staff the need for timely referral for testing and assessment of all juveniles for whom the need for such services is indicated. |
Closed – Implemented
DCPS implemented an automated case tracking system by hiring data entry clerks and instituting a weekly monitoring process to surface problem cases. Placement assistants, responsible for monitoring and following up on individual cases and advising where immediate action is necessary, were hired.
|
| Board of Education | The Board of Education should direct the Superintendent, DCPS, to test YSA delinquents with suspected handicapping conditions and develop IEP. |
Closed – Implemented
The Superintendent, DCPS, and the Director, YSA, signed an implementation plan in May 1986. Actual implementation began with the assignment of two on-site multi-disciplinary teams to service YSA students at the Oak Hill Youth Center, whose duties were to develop IEP and make recommendations regarding appropriate educational needs.
|
| Board of Education | The Board of Education should direct the Superintendent, DCPS, to ensure, through monitoring, that YSA and the Public Schools are referring all juveniles for testing who need to be tested and that the Public Schools are developing complete IEP. |
Closed – Implemented
An implementation plan was signed by the Mayor and School Board. Implementation began on September 8, 1986, with the assignment of two on-site, multi-disciplinary teams at Oak Hill Youth Center. The teams conduct assessments, determine special education services eligibility, develop IEP, and provide recommendations regarding Oak Hill residents suspected of having a handicapped condition.
|
| Board of Education | The Board of Education should direct the Superintendent, DCPS, to monitor handicapped delinquents in the custody of YSA to ensure they receive at least the same services to which handicapped juveniles in the Public School system are entitled. |
Closed – Implemented
The Program Monitoring and Evaluation Branch of the Division of Special Education and Pupil Personnel Services of DCPS is responsible for monitoring handicapped delinquents in the custody of YSA. Implementation of corrective actions prescribed by Special Education Services in its 1985 through 1986 monitoring report resulted in compliance with P.L. 94-142.
|
| Board of Education | The Board of Education should direct the Superintendent, DCPS, to ensure that appropriate contracted residential facilities are selected as placements for handicapped delinquents. The Public Schools should ascertain what programs are available at residential facilities with which D.C. contracts, notify the D.C. Superior Court of the type of delinquent each facility is capable of serving, and periodically ascertain whether the programs have changed. |
Closed – Implemented
A representative of the Court serves as a member of the Residential Review Committee and thus obtains information weekly on changes in the program. As such, no formal forwarding of information to the Courts is in operation or planned.
|
| Board of Education | The Board of Education should direct the Superintendent, DCPS, to monitor YSA contracted residential facilities for compliance with the act. In addition, DCPS should monitor the educational program quality at these facilities, as well as at YSA public residential facilities. This monitoring effort should ensure that required services in IEP are being provided by these facilities. |
Closed – Implemented
The Program Monitoring and Evaluation Branch of the Division of Special Education and Pupil Personnel Services began conducting compliance monitoring visits. During the visits, an evaluation was made of the education program to determine if the child was receiving the required services, as identified in IEP. This is an ongoing process which should be reviewed should subsequent audit work be done.
|
| Board of Education | The Board of Education should direct the Superintendent, DCPS, to designate a public school liaison to coordinate and exchange records such as IEP, test results, and educational histories with YSA and the D.C. Superior Court. |
Closed – Implemented
An implementation plan is under development by the School Superintendent. A liaison was appointed.
|
| Board of Education | The Board of Education should direct the Superintendent, DCPS, to develop written procedures and establish specific criteria for forwarding information to YSA and the D.C. Superior Court, regarding Court or YSA detained juveniles. |
Closed – Implemented
A liaison agreement between DCPS, the D.C. Superior Court, and YSA was signed in May 1986.
|
| Board of Education | The Board of Education should direct the Superintendent, DCPS, to provide, where YSA cannot, educational and related services which are included in a handicapped delinquent's IEP. |
Closed – Implemented
In May 1986, DCPS agreed to supply services in the interagency implementation plan.
|
| District of Columbia | The Mayor of the District of Columbia should direct YSA to transfer to DCPS the responsibility for testing suspected handicapped delinquents and preparing all necessary IEP. |
Closed – Implemented
An interagency implementation plan which transfers responsibility was signed in May 1986. Transfer of the testing responsibility was completed in September 1986.
|
| District of Columbia | The Mayor of the District of Columbia should direct YSA to designate a YSA liaison responsible for notifying DCPS that YSA is releasing a delinquent who will be returning to school. This liaison should also coordinate and exchange records, such as IEP, test results, and educational histories with the Public Schools and the D.C. Superior Court. |
Closed – Implemented
A liaison agreement between DCPS, the D.C. Superior Court, and YSA was signed in May 1986. A liaison was appointed.
|
| District of Columbia | The Mayor of the District of Columbia should direct YSA to develop written procedures and establish specific criteria for forwarding information to the D.C. Superior Court and DCPS, once notified by the Court that a juvenile is being detained, or has re-entered the school system. |
Closed – Implemented
A memorandum agreement regarding the exchange of information was adopted and signed by DCPS, the Department of Human Services, and the Court in September 1986. Liaisons meet regularly to assess the effectiveness of procedures and implementation and recommend changes.
|
| District of Columbia | The Mayor of the District of Columbia should direct YSA to emphasize the need to follow DCPS policies, procedures, and standards for special education, including standards for teacher certification and class size. |
Closed – Implemented
DCPS policies, procedures, and standards for special education were included in the interagency implementation plan signed in May 1986.
|
| District of Columbia | The Mayor of the District of Columbia should direct YSA to provide all educational and related services which are required by delinquents' IEP. |
Closed – Implemented
Through signed agreements, YSA will provide educational and related services to residents of Oak Hill and Cedar Knoll, while DCPS will provide educational and related services to residents of the Receiving Home for Children.
|
| District of Columbia | The Mayor of the District of Columbia should direct YSA to notify DCPS of the required services that YSA cannot provide. |
Closed – Implemented
Through signed agreements with DCPS, YSA will notify DCPS of YSA inability to provide a required service and request services be provided through the local educational agency.
|
| District of Columbia | The Mayor of the District of Columbia should direct YSA to establish a special education program for handicapped delinquents at Oak Hill, Cedar Knoll, and the Receiving Home for Children. |
Closed – Implemented
A special education program was implemented at the Receiving Home for Children, which is operated by DCPS. Per signed agreement, the special education programs at Oak Hill and Cedar Knoll will be operated by YSA. This matter now falls under a court supervised consent decree along with all operations of YSA.
|
| District of Columbia | The Mayor of the District of Columbia should direct YSA to form classes based on academic level. |
Closed – Implemented
As of July 1985, classes were organized by academic level.
|
| District of Columbia | The Mayor of the District of Columbia should direct YSA to evaluate follow-up services provided to delinquents after release from YSA custody and correct any administrative, management, and procedural problems identified. |
Closed – Implemented
An implementation plan was signed, and implementation began on December 1, 1986. Under an interagency agreement, after-care workers implement pre-release and follow-up services to delinquents after release from YSA custody. Evaluation of services provided by the after-care workers is ongoing and should be reviewed in any future audit work on P.L. 94-142 in the District.
|
| Superior Court | The D.C. Superior Court should designate a court liaison responsible for notifying DCPS that the Court is detaining a juvenile who cannot attend regular school classes. This liaison should also coordinate and exchange records such as test results, and educational or family histories, with DCPS and YSA. |
Closed – Implemented
A liaison agreement between DCPS, the D.C. Superior Court, and YSA was signed in May 1986. A liaison was appointed.
|
| Superior Court | The D.C. Superior Court should develop written procedures and establish criteria for the court liaison to forward to YSA and DCPS, as appropriate, information available regarding a delinquent, once an individual is placed in YSA custody or has re-entered the school system. |
Closed – Implemented
Written procedures and criteria were completed in June 1986.
|
| Department of Education | The Secretary of Education should provide the necessary oversight and assistance to bring the District into compliance with the act as it relates to handicapped delinquents. |
Closed – Not Implemented
Education officials stated that it is not their practice to single out an entity to offer technical assistance to. As such, they have not initiated any specific action to offer technical assistance to D.C. A DCPS official stated that DCPS has not requested technical assistance, nor does it anticipate making such a request. D.C. reaffirmed its intentions not to request technical assistance
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Topics
Children with disabilitiesEducational testingJuvenile correctional facilitiesJuvenile delinquencyLearning disabilitiesProgram managementSpecial educationPublic schoolsTeenagersSchools