CHICAGO – A class of incarcerated young people filed a class action lawsuit against the Illinois Department of Corrections (IDOC), the Illinois Department of Juvenile Justice (IDJJ), and the Illinois State Board of Education (ISBE). Plaintiffs are represented by Equip for Equality and Latham & Watkins.
“We filed this lawsuit against the State for failing to educate incarcerated youth with disabilities as mandated by federal and state law. Unfortunately, after four years of negotiating with the State, it became apparent that the only way these youth will get an education is if we take legal action to enforce their rights,” said Zena Naiditch, President & CEO of Equip for Equality, the federally mandated Protection & Advocacy organization for Illinois.
Although an Illinois law from 2006 requires IDJJ and IDOC to provide special education and high school services to individuals who enter IDOC with an IEP and no high school diploma, they have failed to provide any of these educational services for 18 years. As a result, most of these individuals have been locked out of vocational programming at IDOC. As a consequence, upon release to the community, these individuals lack employment skills, which increases rates of recidivism. Our goal for this litigation is to obtain high school and special education for all eligible students within IDOC custody.
After being informed of their obligations, IDJJ and IDOC failed to take any meaningful steps to address the lack of special education services and high school education despite their legal obligation to follow state and federal laws. IDOC and IDJJ have failed to implement an effective system to ensure that youth with disabilities receive appropriate educational services and ISBE has failed to provide appropriate oversight to ensure the provision of special education services and high school education. Key issues outlined in the filing include:
Lack of Special Education Services: There is no special education program within IDOC facilities. Youth with disabilities do not receive the necessary supports or accommodations to access their education.
Absence of High School Programming: Youth in custody are offered GED preparation, which is often unsuitable given their educational and disability needs, instead of high school credit-bearing courses or special education services.
Inadequate Identification and Notification: There is no effective mechanism to identify or notify eligible students with disabilities within the system of their right to special education services and high school education. Consequently, eligible youth have received no special education or high school education.
“Under federal and state law, incarcerated youth with disabilities are entitled to special education services. This litigation is the first step toward ensuring IDOC, ISBE, and IDJJ comply with their legal obligations and provide those critical services to incarcerated youth in Illinois,” said Johanna Spellman, partner at Latham & Watkins.
Failure to provide essential education services has serious implications for the affected youth, including higher risk of reincarceration, limited employment opportunities, and educational and career challenges.
“Getting an education is important because I can do good in my life and for my family and my future,” said named plaintiff, Exodus. “I am participating in the class action because I want to make a change for every person just like me to get their high school diploma.”
Equip for Equality seeks to ensure that these young individuals with disabilities get the academic services and supports they need for chance at rehabilitation and successful reintegration into society.
“The Illinois Department of Corrections and Illinois Department of Juvenile Justice have done absolutely nothing in 18 years. They do not have a plan to fix the system because they do not even have a system in place. Without the legally mandated education supports, youth do not get the education or vocational training they need to succeed and often end up reincarcerated,” said Olga Pribyl, Vice President of Special Education Rights Clinic and Pro Bono at Equip for Equality.
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Equip for Equality
Established in 1985, the mission of Equip for Equality is to advance the human and civil rights of people with disabilities in Illinois. Equip for Equality is a private not-for-profit legal advocacy organization designated by the Governor to operate the federally mandated Protection and Advocacy System to safeguard the rights of people with disabilities. For more information about Equip for Equality, go to www.equipforequality.org
Latham & Watkins LLP
Latham & Watkins delivers innovative solutions to complex legal and business challenges around the world. From a global platform, our lawyers advise clients on market-shaping transactions, high-stakes litigation and trials, and sophisticated regulatory matters. Latham is one of the world’s largest providers of pro bono services, steadfastly supports initiatives designed to advance diversity within the firm and the legal profession, and is committed to exploring and promoting environmental sustainability.
