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December 8, 2014

Dear Chief State School Officers and State Attorneys General:

On any given day, more  than 60,000 young people under age 21 are confined in juvenile justice  facilities throughout the United States.**[ 1 ]** With  few exceptions, each one of these young people will eventually reenter our  communities, and, ideally, our schools and postsecondary institutions.  High-quality correctional education is one  crucial means of supporting their future success and thereby strengthening the  communities they return to.

There is no doubt that  reducing youth contact with the juvenile justice system is the most crucial  step to promoting positive outcomes for youth**[ 2 ]** and avoiding the economic challenges posed by high levels of incarceration.**[ 3 ]**  Some States and jurisdictions are engaged in  exciting reforms that emphasize prevention while promoting cost-effective  community-based alternatives to confinement.**[ 4 ]**  Yet while our country has made significant  strides in decreasing the number of youth confined in juvenile justice  facilities, the rate at which we put children and youth behind bars still far  exceeds international norms.**[ 5 ]** 
  We encourage States  and jurisdictions to continue to pursue comprehensive prevention efforts that  reach across youth-serving systems. For  example, efforts to improve school discipline policies and practices, among other reforms, can improve school climate and prevent students’ entry into the  justice system from schools.**[ 6 ]** We must also do more to address the problem  of disproportionate minority contact with the justice system – the reality is  that Black, Latino, and Native American youth are more likely to be stopped,  arrested, and adjudicated, and thereafter, more harshly punished, than their  white peers who engage in the very same behaviors.**[ 7 ]**
  For youth who are confined  in juvenile justice facilities, providing high-quality correctional education  that is comparable to offerings in traditional public schools is one of the  most powerful – and cost-effective – levers we have to ensure that youth are successful  once released and are able to avoid future contact with the justice  system.  High-quality correctional  education, training, and treatment are essential components of meaningful rehabilitation  because these equip youth with the skills needed to successfully reenter their  communities and either continue their education or join the workforce.  We urge leaders throughout the country to be  creative in taking steps to improve traditional academic offerings and to expand  access to career and technical education, as well as postsecondary education  options for youth confined in juvenile justice facilities.

Investing in  correctional education is not just the right thing to do to help our young  people – it is also a wise investment of limited taxpayer resources.  Secure confinement is costly and often fails  to prevent recidivism.  The average cost  to confine a youth is estimated at up to $88,000 per  year,**[ 8 ]** and a recent data analysis of selected States found that 55 percent of youth  released from juvenile justice facilities were rearrested within 12 months.**[ 9 ]**  High-quality correctional education –  including postsecondary correctional education, which can be supported by Federal  Pell Grants – has been shown to measurably reduce re-incarceration rates.**[ 10 ]**  It is also cost effective:  recent research findings suggest that a $1 correctional education  investment can cut re-incarceration costs by between $4 and $5 during the first  three years post-release.**[ 11 ]**   Less crime means not only lower prison costs – it also means  safer communities.  High-quality  correctional education is thus one of the most effective crime-prevention tools  we have.

Improving prevention  efforts and strengthening the correctional education for youth who do enter the  system are both recommendations of the Task Force Report to the President for the *My  Brother’s Keeper* initiative, which aims to address persistent opportunity  gaps faced by boys and young men of color and ensure that all young people have  the opportunity to reach their full potential.   In a June 9, 2014 letter, we noted several ongoing Federal initiatives in  this area. Today, we are pleased to announce the release of new guidance and  technical assistance materials that will help State and local leaders provide  high-quality education to youth in juvenile justice facilities:

- A **resource guide**, ***Guiding Principles for Providing  High-Quality Education in Juvenile Justice Secure Care Settings***from the U.S. Department of Education  (ED) and U.S. Department of Justice (DOJ) identifies promising practices for  improving education programs in juvenile justice facilities, as well as areas  in which Federal legal obligations apply.
- A **Dear Colleague Letter on the Individuals  with Disabilities Education Act for Students with Disabilities in Correctional  Facilities** from ED’s Office of Special Education and Rehabilitative  Services clarifies State and public agency obligations under the Individuals  with Disabilities Education Act to ensure the provision of a free and  appropriate public education to eligible students with disabilities in  correctional facilities.
- A **Dear Colleague Letter on the Civil Rights  of Students in Juvenile Justice Residential Facilities** from ED’s Office for  Civil Rights and DOJ’s Civil Rights Division clarifies that those juvenile  justice residential facilities that receive Federal funding, like all other  public schools, must comply with Federal civil rights laws that prohibit  discrimination based on race, color, national origin, sex, religion, and  disability.
- A **Dear Colleague Letter on Access to Pell  Grants for Students in Juvenile Justice Facilities** for campus financial aid  professionals and accompanying **factsheets** from ED’s Office of Postsecondary Education clarify that otherwise eligible  youth who are confined in juvenile justice facilities are eligible to receive Federal  Pell Grants, subject to the modified cost of attendance statutory provisions that  apply to incarcerated students.

We hope these  resources, which are available at www.ed.gov/correctionaled, help you to provide access to high-quality  correctional education for all youth committed to your care and enrolled in  your schools. 
  President Obama has observed  that education is ultimately “about giving each and every one of us the chance  to fulfill our promise, and to be the best version of ourselves we can be.”  This observation may be particularly apt for high-quality  correctional education, which is one important way of providing some of our  most vulnerable youth with a real chance at a second chance – the opportunity  to demonstrate growth and maturity and, ultimately, to fulfill their potential as  human beings.
  Thank you for your  partnership and for your efforts each day to improve access to high-quality  correctional education.

Sincerely,



/s/
      /s/Arne Duncan
      Eric H. Holder, Jr.Secretary of Education
      Attorney General of the United States


**_______________________**

**[ 1. ]** National Report Series Bulletin  (Aug. 2014).*Juveniles in Residential  Placement, 2011.* U.S. Department of Justice, Office of Justice Programs,  Juvenile Justice and Delinquency Prevention, at 3*.*Available at http://www.ojjdp.gov/pubs/246826.pdf.

**[ 2. ]** U.S.  Departments of Education and Justice (2014). 
*Guiding Principles for Providing High-Quality Education in Juvenile  Justice Secure Care Settings*, Washington, D.C. Available at http://www2.ed.gov/policy/gen/guid/correctional-education/guiding-principles.pdf.**[ Return to text ]**


**[ 3. ]** Mitchell, M. and Leachman, M.  (2014). *Changing Priorities: State  Criminal Justice Reforms and Investments in Education*. Center on Budget and  Policy Priorities. Available at http://www.cbpp.org/cms/?fa=view&id=4220.**[ Return to text ]**


**[ 4. ]** Balck, A. (2012). *Advances in Juvenile Justice Reform:  2009-2011* . The National Juvenile Justice Network, at 5-9. Available athttp://www.njjn.org/uploads/digital-library/NJJN_adv_fin_press_sept_update.pdf (“NJJN Study”).**[ Return to text ]**


**[ 5. ]** Sickmund, M., et al. (2014). *Easy Access to the Census of Juveniles in  Residential Placement: 1997-2011*. U.S. Department of Justice, Office of  Justice Programs, Juvenile Justice and Delinquency Prevention. Available at http://www.ojjdp.gov/ojstatbb/ezacjrp/; Hazel, N.  (2008). *Cross-National Comparison of  Youth Justice*. Youth Justice Board for England and Wales.  Cited in Davis, L. M., et al. (2014). *How Effective is Correctional Education, and  Where Do We Go from Here?*RAND Corporation; U.S. Department of Justice,  Bureau of Justice Assistance, at 21. Available at http://www.rand.org/content/dam/rand/pubs/research_reports/RR500/RR564/RAND_RR564.pdf (“2014 RAND  Study”) (“The rate of youth incarceration in the United States is therefore  more than three times the highest rates in other developed nations.”).**[ Return to text ]**


**[ 6. ]** In January 2014, the U.S. Departments of Education and Justice released a  school discipline guidance package to assist States, districts, and schools in  developing practices and strategies to enhance school climate, and ensure that  school discipline policies and practices comply with Federal law. The guidance package and  additional resources are available at http://www.ed.gov/school-discipline/.**[ Return to text ]**


**[ 7. ]** NJJN Study, at 18.**[ Return to text ]**


**[ 8. ]** Mendel, R. A. (2011). *No Place for Kids: The Case for Reducing  Juvenile Incarceration*. The Annie E. Casey Foundation, at 17. Available at http://www.aecf.org/m/resourcedoc/aecf-NoPlaceForKidsFullReport-2011.pdf.**[Return to text]**


**[ 9. ]** 2014 RAND Study at 23.**[ Return to text ]**


**[ 10. ]** Davis, L. M., et al. (2013). *Evaluating the Effectiveness of Correctional  Education: A Meta-Analysis of Programs that Provide Education to Incarcerated  Adults*. RAND Corporation; U.S. Department of Justice, Bureau of Justice  Assistance. Available at http://www.rand.org/content/dam/rand/pubs/research_reports/RR200/RR266/RAND_RR266.pdf (“2013 RAND  Study”).**[ Return to text ]**


**[ 11. ]** Press Release, Department of Justice  (Aug. 22, 2013). *Justice and Education  Departments Announce New Research Showing Prison Education Reduces Recidivism,  Saves Money, Improves Employment.*Available at http://www.justice.gov/opa/pr/justice-and-education-departments-announce-new-research-showing-prison-education-reduces. Citing 2013 RAND  Study. **[ Return to text ]**