Did you know that over half the kids in the detention center in Albuquerque were found to have a disability? Most of those kids didn't even know that they were eligible for special services and protections in the schools. If you are in a detention or correctional facility you can make the most of your time to get a better education. The staff can help you find the answers to questions like:
· What credits do I need to graduate or get my GED?
· What classes do I need to take to prepare for college, a community college or technical school?
· What services do I need to help me stay in school and not be expelled?
First, how do I know if I qualify for special education services?
You may qualify for special education services if you have an IEP (individualized education plan) from your home district or if you believe that you need special education services and related services because you have one of the following conditions:
*a speech or language impairment including deafness
*a visual impairment including blindness
*serious emotional disturbance (Like Depression)
*an orthopedic impairment
*autism
*traumatic brain injury
*another health impairment (Like Attention Deficit Disorder)
*a specific learning disability (like dyslexia)
*mental retardation or developmental delay,
*deaf-blindness or
*multiple disabilities
· Will I need an evaluation or evaluations to determine if I need special education services?
If you have an IEP from your home district: you have the right to begin receiving FAPE (a Free and Appropriate Public Education) within a reasonable time after your facility finds out that you need services. That’s why it’s really important to tell your educational staff that you had an IEP as soon as you enter the facility! Your facility is required to get your records from your home district as soon as possible. If they can’t get your records in a "reasonable time" the facility is required to evaluate you and develop an IEP without undue delay! If you don’t have a current IEP from your home district or never had an IEP and you believe you require special education services to benefit from your education because you have or believe you have one of the disabilities mentioned above, you have the right to request evaluations to determine if you need services.
· What kinds of services could I be entitled to?
Depending on the results of your evaluations, you may be entitled to counseling services, a behavior plan, equipment that assists you to write or communicate, hearing aids, intensive reading or other academic assistance, therapies and a number of other services.
· How will I find out about the services that are available to me in the detention facility?
Whether you bring your IEP from your home school district, or you are requesting new services, the first step is to have an IEP meeting. You are entitled to be present and your parents or your surrogate parents ("parents" appointed by the state to make decisions in your best interest) are also entitled to be present. The IEP meeting should include your teachers from regular education classes as well as any teachers or specialists who have important information about your needs, interests and education.
· What should I do if I don’t get the services or the evaluations I need through an IEP meeting?
You or your parents or your surrogate parents can file a due process complaint or a state complaint to enforce your rights and to request appropriate service and compensatory education for lost educational time. A due process complaint will lead to mediation meetings and possibly a hearing. A state complaint will lead to an investigation by the Public Education Department.
· What should I do when I get out of the facility and need to go back to a public school?
When you return to your home school district, you have the same special educational rights that you have in a facility: to request evaluations, to have an appropriate IEP developed if you need it and to get the services you require to get educational benefit in your home district. If your home district does not cooperate as you transition back to public school, you or your parents or surrogate parents may file a due process complaint or state complaint to enforce your rights.
For more information please contact:
Protection and Advocacy System
(505) 256-3100 or (800) 432-4682
Parents Reaching Out
(505) 247-0192 or (800) 524-5176
Parents for Behaviorally Different Children
(505) 265-0432 or (800) 273-7232