Education Rights of Students in Juvenile Detention Centers

By Russell Hauser

Students who become involved in the justice system still maintain their right to an education. Depending on the circumstances, students might be detained in either a county juvenile detention center or under the custody of the Ohio Department of Youth Services (ODYS). Regardless of whether students are in the custody of their county juvenile detention center or ODYS, students cannot be deprived of education as punishment. In addition, students with disabilities are still entitled to their special education services and accommodations while detained.

ODYS provides educational services for students through the Buckeye United School District, which maintains three, fully accredited schools for youth under ODYS’s jurisdiction: Indian River High School, Luther E. Ball High School, and Ralph C. Starkey High School. Each of these schools provides students the opportunity to earn high school credit and to graduate with an official high school diploma. Students in county juvenile detention facilities receive education from their local school districts. This means the local school district in the city where the juvenile detention facility is located typically coordinates education services for students in those facilities.

If a student receives special education services, then the school at the ODYS and county juvenile facilities must provide the services listed on a student’s IEP or 504 plan. If the student does not have an IEP or 504 plan, the student’s parent can request an evaluation from the school district where the child was living before going to a detention center. If the child is under ODYS custody, a parent should request an evaluation from the Buckeye United School District by contacting Matthew Grube (matthew.grube@dys.ohio.gov) and Dana Hollis (dana.hollis@dys.ohio.gov) at ODYS.

If a student in a detention facility or in ODYS custody is not receiving appropriate educational services or special education services, please contact Legal Aid’s Intake Department at 888.817.3777 or complete an intake form online: lasclev.org/contact.

This article was published in Legal Aid's newsletter, "The Alert" Volume 38, Issue 3, in December 2022. See full issue at this link: “The Alert”- Volume 38, Issue 3 – Legal Aid Society of Cleveland.