Corrections officials “systemically neglected” to ensure that young adult inmates knew they could enroll in school courses, according to an audit released Tuesday by Comptroller Scott Stringer. The audit also found that the city Department of Education failed to put mandated educational plans in place for incarcerated students with disabilities.
“That’s wrong, because if we’re going to reverse decades of backwards criminal justice policies, it’s going to be with bigger and better schools — not bigger and tougher prisons,” Stringer said in an emailed statement. “We have to do better.”
But officials from the city Department of Correction disputed the findings, and a response from the education department suggests the audit takes a narrow approach that misses “critical context.”
In 74 percent of sampled cases, the comptroller’s office couldn’t find evidence that inmates between the ages of 18 and 21 attended an orientation and were informed of their right to attend classes. In 68 percent of the sampled cases, auditors could not find required forms from inmates either accepting or rejecting educational services. In its response to the findings, a representative for the corrections department noted that some inmates may simply “refuse to sign the form.”
The corrections department wrote that it “disputes the overall finding” that inmates are not informed of their right to educational services. Furthermore, the audit “failed to capture” additional steps the department takes to do so.
In responses to the findings, included in the audit, corrections and education officials said all eligible students are offered the opportunity to attend classes. Every school day, the education department prints a list of eligible students who are in facilities with school programs, and the list is shared with corrections staff in the housing areas. Inmates who are interested can attend an information session and enroll immediately.
The corrections department’s response also states that inmates receive a handbook that includes information about enrolling in classes, and that signs are posted in common areas to inform inmates of their right to request educational services. Furthermore, the department conducts regular focus groups to create alternative programs of interest to young offenders who choose not to go to school, according to the response.
The audit also found that 48 percent of eligible students did not have a Special Education Plan, based on their Individualized Education Program, created for them within 30 days of beginning classes, as required. Those plans were never created for 36 percent of sample students, according to the audit.
The Department of Education responded that it is working to implement a new electronic system to track progress on education plans for students with disabilities, and that students who had such plans before being incarcerated continue to get the services they need.
The audit does note that all 16- and 17-year olds were receiving the educational services required by law. Those students have to attend school, whether they are incarcerated or not. Older students are eligible to receive educational services if they are under 21 years of age, have not already earned a high school diploma and will be incarcerated for 10 or more days.