• Any student with an Individualized Education Program (IEP) has a right to special education in juvenile jail or juvenile prison until the end of the school year in which they turn 22 if they do not have a high school diploma or GED.
• Special education rights in juvenile jails and prisons are no different than special education rights in the community.
• Special education students have a right to special education even if they are in a special living unit like a “medical pod”, “behavior pod”, or “seg”. They also have a right to special education if they have discipline issues at school.
• Special education students have a right to IEP Meetings and evaluations.
• Students with 504 Plans also have a right to get everything in their 504 Plan while in school at the jail or prison.
• You can ask to be tested for special education if you think you need more help in school. See Equip for Equality’s “How to Help Your Child Be Successful in School” Fact Sheet for more information.

• Students with IEPs in adult jails have the same rights as students with IEPs in the community.
• Any student with an IEP has a right to special education in adult jail through the end of the school year in which they turn 22 if they do not have a high school diploma or GED.
• Special education students have a right to IEP meetings and evaluations.
• Students with 504 Plans also have a right to everything in their 504 Plan while in school in adult jails.
• You can ask to be tested for special education services if you think you need more help in school. See Equip for Equality’s “How to Help Your Child Be Successful in School” Fact Sheet for more information.
• Even though they are supposed to, many adult jails do not give special education students any school and very few give any special education services.

• Students with IEPs in adult prisons are supposed to get special education services most of the time. Adult prisons do not have to give students all of the special education services in an IEP if it would be dangerous or if there is a major security reason not to.
• Any student with an IEP has a right to special education services in adult prison through the end of the school year in which they turn 22 if they do not have a high school diploma or GED.
• Special education students have a right to IEP meetings and evaluations, but you cannot get special education services in adult prison unless you were already getting it in the community.
• Students with 504 Plans also have a right to everything in their 504 Plan while in school in prison.
• Right now, very few students with IEPs get any special education services in adult prisons. Equip for Equality and Latham & Watkins have filed a class action lawsuit so more students with IEPs in Illinois’ adult prisons can get special education services.

Some jails and prisons are not giving students the services in their IEP. You have options to enforce your rights.

• See Equip for Equality’s “What to Do When You Disagree with the School District” fact sheet for more information.
• You can write a letter to Equip for Equality’s Special Education Rights Clinic if you want to learn about your right to special education services.