The School-to-Prison Pipeline for Probation Youth With Special Education Needs: Understanding Pathways for Black Youth

• In Event: How Policy Failures Fuel the School-to-Prison Pipeline

Abstract

Objectives: Juvenile justice-involved youth with special education eligibility may have distinct needs that place them at higher risk of re-offending. This study examines the extent to which the comorbidity of risk factors, such as school challenges and mental and emotional health problems, is related to recidivism among probation youth with a diagnosis eligible for special education. Despite the decline in the number of youth involved in the juvenile justice system over the recent years, Black youth continue to be disproportionately represented in the system. This study seeks to understand the pathways by which Black youth with special education needs get fast-tracked onto the school-to-prison-pipeline.

Theory: The overrepresentation of youth with developmental disabilities in the juvenile justice system has largely been theorized to occur in three ways: school failure, susceptibility, and differential treatment. The school failure theory (Osher et al., 2002) suggests that these youth struggle academically, which increases their likelihood of leaving school (e.g., dropout, suspension, expulsion) and subsequently engaging in delinquency. The susceptibility theory (Keilitz & Dunivant, 1986) posits that the characteristics that accompany their disabling conditions—such as low impulse control, irritability, and poor problem-solving skills—lead to delinquency. The differential treatment theory (Rutherford et al., 2002) suggests that youth with disabilities who qualify for special education simply experience more punitive treatment across school and juvenile justice systems than their peer counterparts. Regardless of the pathway, youth with disabilities continue to penetrate deeper into the juvenile justice system instead of receiving needed services, jeopardizing their future prospect of success.

Methods: Data came from the State Juvenile Court Assessment provided to 4,317 youth (1,000 Black youth) adjudicated to probation for at least 3 months. Hierarchical stepwise regression was used to estimate unique and cumulative contribution of special education, demographics, mental health issues, and school exclusion experiences on recidivism.

Results: 40% of Black youth serving probation had special education needs. 20% of Black youth reported past or current mental health problems compared to 38% of White youth. 93% of Black youth had at least one expulsion/suspension history compared to 87% of White youth. 47% of Black youth reoffended compared to 37% of White youth. Although special education status was significantly associated with more recidivism at the bivariate level (r = .15; p < .001), controlling for mental health problems, expulsion, and self-regulation skills, it was no longer significantly associated with recidivism (β =-.35; p = .37). This is different from White youth where special education continued to predict recidivism in the full model (β =.05; p<.01).

Significance: Given the overrepresentation of Black youth in the justice system, it is crucial to examine their experiences separately. The findings of the study illuminate differential pathways between Black and White youth with special education eligibility for continued justice-involvement. The findings of the study reflects the literature where findings are mixed whether Black youth are over- or under-identified for special education. Special education can possibly provide additional services for Black youth but can also be an attached label/stigma. Implications for practice will be discussed.

Authors

• B. Elizabeth Kim, University of California - Los Angeles

• Paula Nurius, University of Washington

• Patricia Logan-Greene, University at Buffalo - SUNY