For Youth with Disabilities, Justice Advocacy Starts in School

By Amanda Acey, MCYJ Intern

July marked the 36th anniversary of the Americans with Disabilities Act (ADA). This landmark case prohibits discrimination based on disability. Thanks to the tireless work of activists, the ADA being signed into law improved the lives of millions of people with disabilities. But even while acknowledging that victory, it’s important that we continue to revisit the ADA and think about how we can continue to knock down barriers for the nearly 46 million Americans living with a form of disability. 

Data shows that youth with physical, learning, or intellectual disabilities are overrepresented in the juvenile justice system: approximately 65-70% of justice-involved youth have a disability. About 7.5 million youth (15% of all public school students) received special education or related services under the Individuals with Disabilities Education Act. 

Justice-affected youth with disabilities are a vulnerable population that we can help support through early intervention and appropriate treatment. 

Early intervention

Kids with learning disabilities are often pushed into the juvenile justice system through a cycle of misconduct, disadvantage, and punishment. Students with disabilities are more than twice as likely to receive an out-of-school suspension (13%) than students without disabilities (6%). These students are also more likely to be referred to law enforcement after a disciplinary infraction has taken place. 

Preventing kids with disabilities from being criminalized starts at school. Investing in special education and ensuring students receive wrap-around support from their educators and administrators is a great start, especially for youth with intersecting risk factors such as their race or socioeconomic status. To break the so-called “special education to prison pipeline,” students must have access to quality special education services that schools are legally mandated to provide. 

Placement and treatment 

Once a child enters the juvenile justice system, there are a plethora of challenges they may encounter. Up to 85% of youth in juvenile detention facilities have disabilities that make them eligible for special education services, yet only 37% receive these services while in school. The education services they receive while in detention are often inadequate, reducing their chances of graduating, in turn increasing their chances for recidivism. Kids with chronic health issues also may not have access to adequate medical care when inside a juvenile justice detention facility. 

Kids with disabilities, whenever possible, should be diverted away from the courts and instead connected with resources that may help them rehabilitate and succeed. Once a child is incarcerated, the probability that they will graduate high school decreases, when graduating is already a challenge for many disabled students. Investing in accessible treatment pathways can close the gap and help disabled students receive the same opportunities for success that fully abled students have. 

Recommendations 

The problems faced by youth with disabilities in the juvenile justice system are not unique. Youth of color, youth of diverse sexualities or gender identities, immigrant youth, and youth who identify with other minority groups also face challenges in their school environments that can hurt their chances for success. On top of that, many youth with disabilities are also part of one or more of these other minority identities, adding additional layers to the challenges they face in their day to day. To break the school-to-prison pipeline and improve treatment pathways for all justice-involved youth, Michigan must invest in education. 

To support advocacy for youth with disabilities, consider making a donation to one of the following organizations dedicated to expanding rights and supports for young people with disabilities:

• Detroit Disability Power

• Disability Network Michigan

• Student Advocacy Center of Michigan