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No Child Left Behind and the Juvenile Justice Education System: A Plan for National Collaboration

National Collaboration Project

Thomas G. Blomberg

An American Youth Policy Forum Briefing Washington D.C. – November 15, 2005

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Overview of Presentation

1.1. NCLB and Juvenile Justice EducationNCLB and Juvenile Justice Education

2.2. Challenges in Implementing NCLB in Challenges in Implementing NCLB in Juvenile Justice educationJuvenile Justice education

3.3. A Positive Policy Illustration – The A Positive Policy Illustration – The Florida ExperienceFlorida Experience

4.4. Juvenile Justice NCLB National Juvenile Justice NCLB National Collaboration ProjectCollaboration Project

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Response to NCLB in Public Schools

• • Recent public opinion surveys have found that Recent public opinion surveys have found that the majority of people do not favor high stakes the majority of people do not favor high stakes testing as the primary means of measuring a testing as the primary means of measuring a school’s performanceschool’s performance

• • AYP – States are measuring progress AYP – States are measuring progress differently and, as a result, showing mixed differently and, as a result, showing mixed resultsresults

• • Finding ‘Highly Qualified’ teachers considered Finding ‘Highly Qualified’ teachers considered an insurmountable taskan insurmountable task

• • Despite these issues, the majority of national, Despite these issues, the majority of national, state, and local education communities support state, and local education communities support the notion of higher standards for students and the notion of higher standards for students and school accountability school accountability

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Response to NCLB in Juvenile Justice Schools• • Currently juvenile justice schools are not receiving the Currently juvenile justice schools are not receiving the

same public scrutiny as regular schoolssame public scrutiny as regular schools• • Fundamental concern over juvenile justice schools relates Fundamental concern over juvenile justice schools relates

largely to identifying resources for the implementation of largely to identifying resources for the implementation of NCLB rather than on questioning of requirements NCLB rather than on questioning of requirements

• • Major disparity of juvenile justice schools Major disparity of juvenile justice schools across and within states across and within states

• • Difficulty in calculating student performance Difficulty in calculating student performance measures measures • • Juvenile justice schools are temporary settings Juvenile justice schools are temporary settings with high student mobility rates, making AYP with high student mobility rates, making AYP difficult to calculate difficult to calculate• • Competing with public schools for ‘Highly Competing with public schools for ‘Highly Qualified’ teachers Qualified’ teachers

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Juvenile Justice Education: Historical Overview• • 1899 – Creation of the Juvenile Court1899 – Creation of the Juvenile Court

• • Past century – Juvenile justice systems evolved in an uneven and Past century – Juvenile justice systems evolved in an uneven and fragmented fashion throughout the U.S.fragmented fashion throughout the U.S.

• • 1965 – Elementary and Secondary Education Act1965 – Elementary and Secondary Education ActNeglected and Delinquent was added to the act in 1966 and Neglected and Delinquent was added to the act in 1966 and

originally originally contained no program or student performance measures contained no program or student performance measures

• • 1975 – Individuals with Disabilities Education Act1975 – Individuals with Disabilities Education Act

Guaranteed the right to educational services for youth with Guaranteed the right to educational services for youth with disabilities who were incarcerated disabilities who were incarcerated

• • Late 1980’s to Present – 25 states involved in litigation concerning Late 1980’s to Present – 25 states involved in litigation concerning education of incarcerated youtheducation of incarcerated youth

• • 2002 – No Child Left Behind2002 – No Child Left Behind

Requires program and student performance measures for all Requires program and student performance measures for all incarcerated youthincarcerated youth

• • Today – NCLB requirements are one of multiple challenges faced by Today – NCLB requirements are one of multiple challenges faced by state and local juvenile justice education systemsstate and local juvenile justice education systems

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Challenges in Educating Incarcerated Youth•• Juvenile Justice youth are on average Juvenile Justice youth are on average

close to 2 years behind their age close to 2 years behind their age appropriate grade levelappropriate grade level

•• 43% have been diagnosed with a disability43% have been diagnosed with a disability

•• Chronic histories of school failure, Chronic histories of school failure, truancy, dropout, and school discipline truancy, dropout, and school discipline problemsproblems

•• High mobility ratesHigh mobility rates

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Challenges in Educating Incarcerated Youth – Cont.•• Large facilities in rural areas results in related Large facilities in rural areas results in related

difficulties in parental involvement and transition difficulties in parental involvement and transition servicesservices

•• The juvenile justice system is often not part of the The juvenile justice system is often not part of the public school systempublic school system

•• Accelerated problems in recruiting and retaining Accelerated problems in recruiting and retaining qualified teachers qualified teachers

•• The education component of a juvenile justice The education component of a juvenile justice facility often competes for resources with other facility often competes for resources with other areas such as security and treatmentareas such as security and treatment

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Juvenile Justice Statistics• • According to a 1996 DOJ study, victim costs of crime exceed According to a 1996 DOJ study, victim costs of crime exceed

$450 billion per year$450 billion per year

• • According to an OJJDP census there were 104,413 youth According to an OJJDP census there were 104,413 youth incarcerated in residential facilities in 2001incarcerated in residential facilities in 2001

• • According to the USDOE the nations neglected and According to the USDOE the nations neglected and delinquent count in 2004-2005 was 123,945delinquent count in 2004-2005 was 123,945

• • Estimated cumulative totals of detained and incarcerated Estimated cumulative totals of detained and incarcerated youth reach close to 500,000 annuallyyouth reach close to 500,000 annually

• • States received $157 million in neglected and delinquent States received $157 million in neglected and delinquent funds for the 2004-2005 school yearfunds for the 2004-2005 school year

• • In comparison, states received $12 billion for Title I grants In comparison, states received $12 billion for Title I grants and $110 billion for all state formula grants and student aide and $110 billion for all state formula grants and student aide

• • USDOE spends approximately USDOE spends approximately $1,200$1,200 per Neglected and per Neglected and Delinquent student compared to Delinquent student compared to $2,200$2,200 per student across all per student across all public school programs public school programs

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Litigation in Juvenile Justice•• In the past two decades 25 states have In the past two decades 25 states have

experienced litigation regarding juvenile justice experienced litigation regarding juvenile justice education serviceseducation services

• • Provision of education services for students with Provision of education services for students with disabilities is the most common reason for disabilities is the most common reason for litigation in juvenile justice facilitieslitigation in juvenile justice facilities

• • This litigation resulted inThis litigation resulted in 17 states developing or changing their 17 states developing or changing their

accountability systemaccountability system 14 states changing their overall organizational 14 states changing their overall organizational

structure including education administrationstructure including education administration 4 states developing new education standards 4 states developing new education standards 6 states increasing their monitoring6 states increasing their monitoring

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NCLB’s Requirements

• • To ensure high quality and accountable To ensure high quality and accountable education for students in public and juvenile education for students in public and juvenile justice schoolsjustice schools

• • To ensure academic achievement of juvenile To ensure academic achievement of juvenile justice studentsjustice students

• • To ensure successful transition and To ensure successful transition and community reintegration of juvenile justice community reintegration of juvenile justice studentsstudents

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The Challenges in Increasing Quality and Accountability in

Juvenile Justice Schools

No Child Left Behind Requirements for

Juvenile Justice Schools

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Highly Qualified Teacher Requirements

• • College DegreeCollege Degree

• • State teaching certification or licenseState teaching certification or license

• • Teaching in-field for core academic Teaching in-field for core academic areasareas

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Adequate Yearly Progress (AYP)

• • Progress to be determined by annual academic Progress to be determined by annual academic achievement testing that is a part of each achievement testing that is a part of each state’s plan which is submitted and approved state’s plan which is submitted and approved by U.S. DOEby U.S. DOE

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Evaluation & Accountability• • Multiple and appropriate measures of Multiple and appropriate measures of

student progressstudent progress

• • Use results of the evaluation to improve Use results of the evaluation to improve educational programseducational programs

• • Emphasis on transition and returning Emphasis on transition and returning youth to school after releaseyouth to school after release

• • Demonstration that there has been an Demonstration that there has been an increase in the number of youth returning increase in the number of youth returning to school, obtaining a diploma, or to school, obtaining a diploma, or employment following releaseemployment following release

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National Survey of States in Implementing NCLB in their Juvenile Justice Education Systems

• • The state agency responsible for juvenile justice The state agency responsible for juvenile justice education varies widely across states and local education varies widely across states and local jurisdictionsjurisdictions

• • Most states are having difficulty hiring and retaining Most states are having difficulty hiring and retaining ‘Highly Qualified’ teachers‘Highly Qualified’ teachers

There exists a chronic shortage of certified teachers There exists a chronic shortage of certified teachers throughout the U.S. for both public and juvenile justice throughout the U.S. for both public and juvenile justice schoolsschools

• • The quality of educational services is uneven across and The quality of educational services is uneven across and within stateswithin states

25 states have experienced litigation within the past 20 25 states have experienced litigation within the past 20 years regarding their education services for years regarding their education services for incarcerated youthincarcerated youth

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National Survey (Cont.)

• • Widely varying capacities to conduct system-wide Widely varying capacities to conduct system-wide accountability and evaluationaccountability and evaluation

19 states reported that they are currently not reporting 19 states reported that they are currently not reporting Adequate Yearly Progress on their juvenile justice schoolsAdequate Yearly Progress on their juvenile justice schools

When asked about implementation of NCLB’s educational When asked about implementation of NCLB’s educational program evaluation requirements, 21 states responded that program evaluation requirements, 21 states responded that they did not know how to meet the requirement, and one they did not know how to meet the requirement, and one state claimed an exemptionstate claimed an exemption

• • Available student performance data and outcome measures Available student performance data and outcome measures are not consistent across states and local agenciesare not consistent across states and local agencies

Some states reported having no educational performance Some states reported having no educational performance data regarding their juvenile justice youth, and 18 states data regarding their juvenile justice youth, and 18 states reported collecting less than three measures of student reported collecting less than three measures of student outcomesoutcomes

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Positive Policy Implications of NCLB in Juvenile Justice Education

• • If states are able to successfully implement the If states are able to successfully implement the various NCLB juvenile justice school various NCLB juvenile justice school requirements, educational opportunity will be requirements, educational opportunity will be substantially increased for incarcerated substantially increased for incarcerated delinquent youth throughout the country delinquent youth throughout the country thereby providing the potential for greater thereby providing the potential for greater academic achievement and transition from academic achievement and transition from delinquencydelinquency

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A Positive Policy Illustration: The Florida Experience

• • In 1998, Florida began developing a research driven In 1998, Florida began developing a research driven accountability system for juvenile justice educationaccountability system for juvenile justice education

• • Florida has established a comprehensive, statewide Florida has established a comprehensive, statewide data management system with the goal of effectively data management system with the goal of effectively evaluating juvenile justice educationevaluating juvenile justice education

Annual educational program performance resultsAnnual educational program performance results

Program characteristicsProgram characteristics

Teacher qualifications and characteristicsTeacher qualifications and characteristics

Student educational performanceStudent educational performance

Community reintegration resultsCommunity reintegration results

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Juvenile Justice Education and NCLB

A National Collaboration

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Project Purpose

• • Assist states with their implementation Assist states with their implementation of NCLB requirements for juvenile of NCLB requirements for juvenile justice education through collaboration justice education through collaboration and consensus buildingand consensus building

Direct servicesDirect services Indirect servicesIndirect services

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Major Project Goals are:

• • Identify each state’s administrative Identify each state’s administrative structure for juvenile justice educationstructure for juvenile justice education

Identify those personnel responsible Identify those personnel responsible for administration and evaluationfor administration and evaluation

Identify those responsible for Identify those responsible for implementing the requirements of implementing the requirements of NCLB for juvenile justice youthNCLB for juvenile justice youth

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• • Determine the juvenile justice education Determine the juvenile justice education evaluation capacity of each stateevaluation capacity of each state

Conduct national surveyConduct national survey Construct typology (grouping) of Construct typology (grouping) of

statesstates Identify national problemsIdentify national problems Identify problems shared by Identify problems shared by

groups of statesgroups of states Identify problems that are unique Identify problems that are unique

to specific statesto specific states

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• • Develop a network of agencies, Develop a network of agencies, administrators, and evaluators responsible administrators, and evaluators responsible for juvenile justice education across the for juvenile justice education across the nationnation

Develop working partnerships with Develop working partnerships with U.S. Department of Education and U.S. Department of Education and Department of JusticeDepartment of Justice

Create a national association of Create a national association of juvenile justice education juvenile justice education administrators and evaluatorsadministrators and evaluators

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• • Provide information on NCLB Provide information on NCLB requirements and evaluation methods requirements and evaluation methods to states in order to improve their to states in order to improve their ability to meet NCLB requirements ability to meet NCLB requirements and effectively evaluate their juvenile and effectively evaluate their juvenile justice education systemsjustice education systems

Host a national conferenceHost a national conference Assist states in beginning Assist states in beginning

development of their NCLB development of their NCLB implementation plan for implementation plan for juvenile justice schoolsjuvenile justice schools

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• • Measure and report the progress of this Measure and report the progress of this project on the capabilities of states to meet project on the capabilities of states to meet NCLB requirements and effectively evaluate NCLB requirements and effectively evaluate their juvenile justice education systemstheir juvenile justice education systems

Ongoing communication with state Ongoing communication with state administrators and evaluators, U.S. administrators and evaluators, U.S. Department of Education, and U.S. Department of Education, and U.S. Department of JusticeDepartment of Justice

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The Key to Success is Collaboration

• • Sharing common problemsSharing common problems• • Communication and coordination Communication and coordination

between between States States The Collaboration Project The Collaboration Project U.S. Department of Education U.S. Department of Education U.S. Department of JusticeU.S. Department of Justice

• • Building consensus on common problems Building consensus on common problems and solutionsand solutions

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Juvenile Justice Education and NCLB: A National Collaboration

Questions and Suggestions

For Information, Contact The Center for Criminology and Public Policy Research

850– 414 – 8355