Menu Close

(9.40) My child is detained in a juvenile detention center. Will they receive their IEP services?  

(9.40) My child is detained in a juvenile detention center. Will they receive their IEP services?  

Yes. Under the Individuals with Disabilities Education Act (IDEA), every child with a disability between the ages of 3 and 21 is entitled to a free and appropriate public education in the least restrictive environment, including those in a juvenile detention center.[1]

Juvenile and youth detention centers must provide special education and related services. The education and services must meet the student’s individual needs. All students with disabilities in the juvenile correctional system are entitled to be assessed for special education and qualify for protections under state and federal law. If a student already has IEP services when entering juvenile detention, the facility must provide comparable services to those described in the student’s IEP until the juvenile court school either adopts the previous IEP, or develops a new IEP for the student.[2]

  1. 20 U.S.C. Sec. 1412(a)(1)[]
  2. 34 C.F.R. Sec. 300.323; Cal. Ed. Code Sec. 56325(a)(1).[]