CHILDREN WHO ARE INCARCERATED  
 
Authorities:  34 C.F.R. Part 300; Texas Education Code; 19 T.A.C. Chapter 89
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
LIMITATIONS TO A FREE APPROPRIATE PUBLIC EDUCATION (FAPE)


P The obligation to make a FAPE available to children with disabilities does not apply to a child ages 18-21 who, in the last educational placement prior to incarceration in an adult correctional facility: 300.102(a)(2)(i)

P
  • Was not actually identified as being a child with a disability; and
300.102(a)(2)(i)(A)
300.8

P
  • Did not have an individualized education program (IEP).
300.102(a)(2)(i)(B)

P The obligation to make a FAPE available to the child with a disability ages 18-21 does apply to a child who: 300.102(a)(2)(ii)

P
  • Has been identified as a child with a disability and has received services in accordance with an IEP, but who left school prior to incarceration; or
300.102(a)(2)(ii)(A)
300.8

P
  • Did not have an IEP in the last educational setting, but who had actually been identified as a child with a disability.
300.102(a)(2)(ii)(B)
300.8

CHILDREN IN ADULT PRISONS


P For children with disabilities who are convicted as adults under state law and incarcerated in adult prisons: 300.324(d)(1)

P 300.324(d)(1)(i)

P
  • The requirements related to TRANSITION SERVICES do not apply with respect to children whose age eligibility under the Individuals with Disabilities Education Act (IDEA) will end before being eligible to be released from prison based on consideration of the sentence and eligibility for early release.
300.324(d)(1)(ii)

D If the state has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated, the child's admission, review, and dismissal committee may modify the child's IEP or placement notwithstanding the least restrictive environment and IEP content requirements of the IDEA.
    300.324(d)(2)

    TRANSFER OF PARENTAL RIGHTS


    P

    All rights accorded to parents under the IDEA, including the right to receive notice, transfer to the adult student at age 18 who is incarcerated in an adult or juvenile federal, state, or local correctional institution, unless the parent or other individual has been granted guardianship under the Texas Probate Code.

    300.520(a)(2)
    89.1049(b)
    TEC 29.017(b)

    D Notice of the transfer of parental rights to the incarcerated student must be given to the parent and the incarcerated student (which need not contain the elements of PRIOR WRITTEN NOTICE, but must include a statement that parental rights have transferred to the adult student and provide contact information for the parties to use in obtaining additional information). 300.520(a)(3)
    89.1049(c)

    P The local educational agency must comply with the ADULT STUDENT framework.

     
     
    Last Updated: Wednesday, March 29, 2017