An Introduction to Learning
Disabilities and Juvenile Delinquency
LDA Justice System/Mental Health Committee
Youth with learning
disabilities are disproportionately involved in the juvenile legal system. Research
indicates that most juvenile justice practitioners, as well as the general
public, have minimal understanding of learning disabilities and how they may
affect a youth’s behavior. There also is evidence that youth with
learning disabilities receive inadequate defense representation that fails to
take into account their specific needs and potential vulnerabilities in a
fundamentally adversarial process. Youth with learning disabilities are
differentially targeted and processed than non-disabled youth by schools, law
enforcement, and the courts. Such disparity in treatment may contribute to
their disproportionate representation in the juvenile justice system. A number
of additional factors are associated with an increased likelihood of
delinquency, including hyperactivity, impulsiveness, poor behavioral control,
attention problem, low intelligence, and poor attainment in school. The harsh
reality is that youth with learning disabilities have been found to be more
than twice than likely to commit a delinquent offense than non-learning
disabled children. Numerous youth with learning disabilities have co-morbid
diagnoses, such as ADHD and depression.
Theories Linking Learning Disabilities and Delinquency
There are three commonly cited theories correlating the link between a learning disability and delinquency. As discussed below, these include (1) susceptibility; (2) school failure; (3) differential processing.
- Susceptibility
Theory: This theory holds that youth with learning disabilities are
more likely to engage in delinquency because of particular characteristics
associated with the disability. These characteristics may include
impulsiveness, suggestibility, and poor social perception.
- School
Failure Theory: According to this theory, a student with learning
disabilities who had not developed appropriately at school will look for
acceptance in other ways, such as through delinquent behavior. The student
may act out in anger toward school staff and others as a result of the
educational failure.
- Differential
Processing Theory: This theory presupposes that youth with learning
disabilities are different from their non-disabled peers and. As a result,
may not respond appropriately to juvenile justice professionals. Because
these inappropriate responses are not properly recognized, youth with
learning disabilities are more likely to be arrested and move further down
the delinquency system.
Suggestions for Reform
Historically, the juvenile justice system has been premised on protecting the best interests of the juvenile instead of punishment. For instance, the legislative declaration of the Colorado Children’s Code states in relevant part: [W]hile holding paramount the public safety, the juvenile justice system shall take into consideration the best interests of juvenile, the victim, and the community in providing appropriate treatment to reduce the rate of recidivism in the juvenile justice system and to assist the juvenile in becoming a productive member of society. In this light, the following are suggested as ways to proved equal justice for youth with learning disabilities:
- Increasing information about protecting the rights of youth with learning disabilities in the juvenile justice system to all interested professionals, policymakers, and the public, as well as law enforcement personnel who make contact with the youth with learning disabilities before and at the time of arrest.
- More effective coordination of services between professions as youth with learning disabilities become involved in the juvenile justice system.
- Improved communication and collaboration between schools and juvenile professionals regarding identification of learning disabilities and in the development and implementation of educational plans.
- Training of law school students with appropriate internships and making learning disability principles and special education law essential elements of the juvenile law classroom curriculum.
The consequences of not addressing the needs of youth with
learning disabilities include an increased likelihood they will become further
involved with the juvenile justice system and ultimately the adult system.
Additionally, it is far more cost effective to handle these issues early in the
process than to have taxpayers spend approximately $60,000 per year to house a
single youth in a prison environment. More significant, such changes would give
youth with learning disabilities additional positive opportunities to turn
their lives around, a learning disability may be the only reason a juvenile is
in the courtroom facing a delinquency charge. Promoting further changes to help
youth with learning disabilities could improve the youth’s life in
immeasurable ways and help to ensure that they are empowered to meet their
potential. For instances, the youth may have a more effective Individualized
Education Plan (IEP) at school, a better attitude through individual therapy,
and finally understand how to plan for his or her future. In some cases,
involvement with the juvenile justice system can become a blessing in disguise.
Advocates involved with this issue have the opportunity to further the idea
that the seeds we sow today are the sprouts of tomorrow.
Report Card on State
Compliance with IDEA
On June 20, the US
Education Department issued a report on how well states were complying with
IDEA ’04 based on data submitted for the 2005-2006 school year
(www.ed.giv/policy/speced/guide/idea/monitor/factsgeet.html). The results were
based on 20 indicators, such as the high school graduation rates of students
with disabilities compared to the graduation rates of the general population,
and the percentage of parents who reported schools were encouraging parental
involvement. According to the reports nine states (
The Education Department also determined how well states were serving toddlers with disabilities and their families. In that section, 15 states met all requirements, 21 need assistance and 15 need intervention. No state needs substantial intervention.
Weaknesses cited by the US Department of Education included:
· States failed to ensure that local school districts comply with the law
·
States failed to comply with requirements for
providing transition plans from school to college or work
Graduation Rates
Only
16 states (Arizona, California, Georgia, Illinois, Kentucky, Massachusetts,
Minnesota, Montana, Nevada, North Carolina, Ohio, South Carolina, South Dakota,
Tennessee, and Wisconsin) met their target for the percent of youth with
IEP’s graduating from high school with a regular diploma compared to the
percent of all youth in the state graduating with a regular diploma. Fifteen
states (
State Academic Standards
Academic
standards describe what children in each grade need to know and be able to do.
The state’s academic standards can be downloaded from the state
department of education website:
(www.ed.gov/policy/speced/guide/idea/monitor/factsheet.html).
Common Misunderstandings
About Students with Reading Disabilities
Writing letters and words backwards are symptoms of
dyslexia.
Writing letters and words backwards are common
in the early stages of learning to read and write among average and dyslexia
children alike. It is a sign that orthographic representations (i.e., letter
forms and spelling of words) have not been firmly established, not that a child
necessarily had a reading disability (
The
current consensus based on a large body of research (e.g., Lyon et al., 2003;
Morris et al., 1998; Rayner et al., 2001; Wagner & Torgesen, 1987) is that
dyslexia is best characterized as a problem with language processing at the
phoneme level, not a problem with visual processing.
If you just give them enough time, children will outgrow
dyslexia.
There
is no evidence that dyslexia is a problem that can be outgrown. There is,
however, strong evidence that children with reading problems show a continuing
persistent deficit in their reading rather than just developing later than
average children (Francis, Shaywitz, Stuebing, Shaywitz, and Fletcher, 1996).
More strong evidence shows that children with dyslexia continue to experience
reading problems into adolescence and adulthood (Shaywitz et al., 2003).
More boys than girls have dyslexia.
Longitudinal
research shows that as many girls as boys are affected by dyslexia (Shaywitz,
Shaywitz, Fletcher, and Escobar, 1990). There are many possible reasons for the
overidentification of males by schools, including greater behavioral acting out
and a smaller ability to compensate among boys. More research is needed to
determine why.
Dyslexia only affects people who speak English.
Dyslexia
appears in all cultures and languages in the world with written language,
including those that do not use an alphabetic script such as Korean and Hebrew.
In English, the primary difficulty is accurate decoding of unknown words. In
consistent orthographies such as German or Italian, dyslexia appears more often
as a problem with fluent reading – readers may be accurate, but very slow
(Ziegler and Goswami, 2005).
People with dyslexia will benefit from colored text
overlays or lenses.
There
is no strong research evidence that intervention using colored overlays of
special lenses has any effect on the word reading or comprehension of children
with dyslexia (American Optometric Association, 2004; Iovino, Fletcher,
Breitmeyer, and Foorman, 1998).
A person with dyslexia can never learn to read.
This
is simply not true. The earlier children who struggle are identified and
provided systematic, intense instruction, the less severe their problems are
likely to be (National Institute of Child Health and Human Development, 2000;
Torgesen, 2002). With adequately intensive instruction, however, even older
children with dyslexia can become accurate, albeit slow readers (Torgesen et
al., 2001)
-From Dyslexia and the Brain: What Does Current Research
Tell Us? By Roxanne F. Hudson, Leslie High, and Stephanie Al Otaiba (2007).
www.ldonline.com
Teach Students How to Study-
It Doesn’t Come Naturally!
By Elaine Fine
Study harder and you will do better! Unfortunately, this adage may fail to work for students with learning disabilities who often do not know how to study. For these students to study effectively, efficiently, and independently, they need direct instruction on study strategies.
Many students with learning and attention difficulties have ineffective learning characteristics and lack cognitive and metacognitive skills, which prevent them from knowing how to study. They
· Do not know how to organize study time.
· Do not figure out what they already know and do not know and, instead, typically study what they already know.
· Are unaware of their inefficient stuffy habits, such as how much time is needed to study.
· Do not have needed materials, know what information will be on tests, or know they type of test.
· Do not differentiate important from less important information.
· Do not attend to needed information or the task.
· Do not use effective methods for memorizing (verbal rehearsal, chunking, mnemonics) and, instead, attempt to memorize everything and become overwhelmed. They us what is called shallow methods such as reading the book.
In short, these students do not implement needed study
routines. Studying includes more than the use of one technique such as
mnemonics. It is a relatively complex set of activities requiring planning,
organization, implementation, and monitoring.
The Basics of Study Strategies
A frequent solution is to discuss ways to
study with students. This is not enough for students with learning
disabilities. They need systems, or strategies, that will take them through the
steps that those with efficient study skills employ. The strategies approach is
based on the on the Strategies Intervention Model, which had been validated at
the Center for Research on Learning. University of
The strategies approach has several elements that differ from remedial or tutorial approaches. Each strategy had a specific number of well-sequenced steps. Cued by a mnemonic, that lead to an overt action and foster an efficient approach to studying. The steps cue students to use specific cognitive strategies and select and use appropriate procedures, skills, or rules. Instruction in metacognition is included in each strategy; effective strategies provide guidelines for how to think and act when planning, executing, and evaluating study time. The strategies are not specific to a given subject.
The
strategies can be taught to students starting in upper elementary grades and
continuing through high school and beyond, adding strategies to meet more
complex demands. They benefit students with disabilities, as well as at-risk
students. The strategies need to be taught using a seven-step model to promote
acquisition and generalization.
Examples of Study Strategies
Two examples of effective study strategies are FORCE , a strategy to organize study time, and CHECK, a strategy to help students start studying. The specific things to do for each step in the strategy need to be defined so the student knows exactly what to do for each step.
CHECK: A strategy to help me start studying
Change Environments.
Have all the equipment nearby while studying.
Establish rewards for yourself.
Create a checklist of all the tasks you need to do before studying.
Keep a “worry pad” while studying to jot down what comes to mind as you study- distracting thoughts.
Learning Toolbox Steppingstone Technology Grant,
FORCE: A strategy for studying for a test
Find out- Your teacher announces a test. If you don’t receive all of the information, ask questions on what will be covered and what type of questions will be on the test.
Organize- Collect all necessary materials for studying for the test. For example, notes, old tests, book.
Reviews- Do the general review necessary to study for this test. For example, skim chapters, charts, maps, summaries, questions, or vocabulary; highlight notes; review old tests and assignments; use study guide.
Concentrate- Make a study sheet (cue sheet) by putting important information in question/answer form. Focus on what you do not know.
Early Exam- Practice the test by pre-testing. For example, take turns asking questions with a partner, have your parents or other adults help you drill from your study sheet, take your own test from your study sheet. Now review those weak spots until you are certain of what you know.
Wehrung-Schaffer, L. (1990). May the FORCE be with you: A
test preparation strategy. Academic Therapy, 25, 291-300
STUDY HARDER!! Will have meaning for students when they are
taught strategies to accomplish effective and efficient studying.
Resources
Sources for the specific steps of these strategies, as well as many other strategies for studying and the steps for teaching a strategy are:
- The Learning Toolbox: http://coe.jmu.edu/Learni8ngtoolbox
- Nine Quick Learning Strategies for Success: http://student.norquest.ca/onlinelearning/ninequick/index.htm
- Bos,
C. & Vaughn, S. (2002). Strategies for teaching students with learning
and behavior problems (5th Ed.).
- Deshler,
D., Ellis, E., & Lenz, K. (1996). Teaching adolescents with learning
disabilities: Strategies and methods (2nd Ed.).
- Minskoff,
E., & Allsopp, D. (2003). Academic success strategies for adolescents
with learning disabilities and ADHD.
Elaine Fine is a professor at
Montclair State University and a Certified SIM Trainer, Center for Research on
Learning,
-From CEC Today, Council for Exceptional Children, Spring 2007
Parent
and Schools- Working Together
By
Everyone agrees that it is important for parents and schools to work together for the sake of children who have learning disabilities. However, this does not always seem possible, which results in parental anger directed to school and school frustration with parents. The school is generally represented by a child’s teachers.
How available teachers are to interact with parents depends on the setting. In a special school where all the children have learning disabilities or dyslexia, classes are small. Generally teachers and staff, including secretaries, aides, and janitors know all the children in the school. Parents often volunteer in many different ways. Teachers value speaking regularly with the parents.
When children are enrolled in special classes in regular school, again the classes are usually small, and the children’s teachers generally know the children well. Often regular communication is established between teacher and parents via notes or comment in homework books or journals. When children with dyslexia or other learning disabilities, are in regular classes, however, there is often quite a different story. Generally classes are not small and teachers must manage multiple differences in the children, in their levels of achievement, and in their behavior.
In inclusion classrooms some children are identified as having special needs and are considered as receiving special education services. They usually have special educators going into the classrooms to offer support to individual children. Having such mixed classrooms of children who learn easily and those who do not may improve social interactions and teach children how to get along with others. But I do not believe such non-specific teaching can teach a child with dyslexia to read or a child with oral language disorder to improve language understanding and use.
Parents must make judgments about their children’s learning. In general a child should learn in school in a similar manner to his functioning outside of school. If a child has developed normally, learns new words and ideas easily, has wide interests, is responsive when exposed to novel tasks, and displays a general curiosity, he or she should be learning in school. Homework should be completed in little effort.
If a child is not learning as expected, a talk with the teacher should be scheduled as soon as possible. Teachers are accustomed to a wide range of achievement in their classrooms. A third grade class may have children reading across four or five grade levels-levels above and below the average child.
Sometimes teachers notice that one child’s reading and spelling are not compatible with how he responds to class discussion where he shows advanced thinking or how she achieves in arithmetic especially in the application of math concepts to problem solving. But sometimes teacher do not notice a discrepancy. This lack of noticing by teachers can occur for bright, timid children who tend to hold back rather than putting themselves forward to demonstrate what they know.
If parents are concerned about a child’s learning, they should seek service immediately. Id they cannot get evaluations within the school system because a teacher feels that there is not really a problem, the parents may want to consider private testing and tutoring to supplement the work in school. When children know that they are not measuring up, they feel bad. They think there is something wrong with them as people. Some of them withdraw while many others act up- becoming clowns or grasping attention in any way possible if they cannot succeed as students. With months or years of poor self image, they are harder to teach when they do have the special help that they need. Then work on self-concept must accompany the special teaching or tutoring. Teaching young children before they regard themselves as school failures can prevent these emotional reactions to learning.
Some teachers may not know the teaching approaches that children with learning disabilities require. They are not bad teachers; they just have not been exposed to every teaching methods that might help. We cannot fault teachers who do not do what they cannot do or do not know how to do it.
Teachers in the regular classroom face formidable odds. They are expected to respond to cultural, intellectual and behavioral diversity. They must arbitrate disagreements, respects individual differences, show firmness while being flexible, and often must entertain to hold attention. They must be cheerleaders for individual’s strengths, managers of individuals and groups with special needs and counselors in times of trouble. While doing all of this, they are also expected to teach not only the majority of the children but each of the ones that have special needs including dyslexia. Parents respect teachers, but they must become part of their children’s education. By supporting their children they can be supporting teachers’ efforts as well.
· Parent must serve as advocates for their children.
· They should seek help as soon as they become aware that a child is experiencing difficulty in school. Marking periods, months, and years pass quickly while a child can be feeling terrible about school performance.
· Parents must establish with the teacher that both they and the teacher are on the same side and want to help the child.
· Parents must show courtesy- no matter how they are met by school personnel.
· They should learn the hierarchy within the school system so that they can ask questions or seek help if a teacher is unresponsive.
· Parents must recognize that they ma need to consider private tutoring to supplement classroom work.
· Early special help may prevent later difficulties.
· Parents should help children study for tests. This is a way to stay in touch with the child’s mastery of material being taught.
· Parents must make a quiet time to discuss problems with the child’s other parent, if they live together or live apart. It is essential that both parents understand the child’s learning difference or disability and participate in planning.
· Parents must continue to expose children to varieties of experiences by travel, sharing sports events in person or by television, and making visits to museums, zoos, and historical sites.
·
Parents must continue to read to children, even
in the teenage years, at the level of their interest until they can manage to
read by themselves.
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__________________________________________________________________________________
Learning Disabilities Association of
P. O. Box 34
Marylhurst, OR 97036
Phone: (503) 968-0140