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Lawmakers frustrated with education problems at youth lockup
Tuesday, Jun 19, 2007

By John Lyon
Arkansas News Bureau

LITTLE ROCK - A new report identifying problems in the special education program at the former Alexander Youth Services Center - some of which were previously identified in a 2005 study - drew frustrated comments Monday from members of legislative panels that oversee the state's youth lockups.

"It seems we're planning ourselves to death but we're not getting anything accomplished," said state Rep. Bobby Pierce, D-Sheridan, during a joint meeting of the House and Senate committees on children and youth.

In a report released this month, the state Education Department cites about 50 practices at the facility, now known as the Arkansas Juvenile Assessment and Treatment Center, that are not in compliance with state and federal regulations under the Individuals with Disabilities Education Act. The department has directed the Division of Youth Services to develop a plan of action for correcting the problems.

Sen. Sue Madison, D-Fayetteville, said that on visits to the facility in Saline County she has been "extremely unimpressed" with the educational practices she saw, which she said seemed to consist of youths playing on a computer.

"Do we have any way of determining if they're really learning something, or if we're just letting a computer baby-sit them?" she asked.

The House chairman, Rep. Linda Chesterfield, D-Little Rock, said a lack of sufficient information gathering is one of the problems highlighted in the report. Chesterfield said scrutiny is needed for the educational services the state provides to all juveniles in custody, not only juveniles in need of special education.

Scott Tanner, ombudsman coordinator for the state Public Defender Commission, testified that the Division of Youth Services has had chronic problems with its education system at least since 2000, the year he became an ombudsman.

Education services at the facility are provided by Group 4 Securicor, the private company that took over operation of the facility in January. The state fired the facility's previous operator, Cornell Companies, in November after a state investigation found evidence that psychotropic drugs may have been administered improperly to some youths as a restraint.

The facility also was investigated in 2005, after 17-year-old Lakeisha Brown died from a blood clot in her lungs two days after complaining to staff that she felt ill. Cornell was ordered to revamp some of its policies as a result of that investigation.

Madison asked Monday whether it would be more appropriate for the education of juveniles in custody to be undertaken by the state rather than a private company.

Education Department attorney Scott Smith said he did not believe it would. Trying to incorporate students in custody into the state's public education system would require compliance with numerous state and federal mandates that currently are waived, he said.

"The reason I ask is, there's something wrong with the picture in my mind when you have state agencies ... firmly committed to a free public education, and then we turn around and hire a private company to deliver that," Madison said. "I just have a hard time thinking that that's a good idea."

Steve Jones, a former state representative who recently became deputy director of the Department of Health and Human Services, told the committee the Division of Youth Services is working on a plan to correct the problems.

Rep. Dawn Creekmore, D-Hensley, noted that the division developed a plan of action previously, after a 2005 report cited problems with the facility's educational system.

"It's time to quite putting plans of action on paper and time to bring something to the table, take some action, physical action, for improvement. These children are still here, and we're just letting them down continuously, year after year after year," she said.

"It is children that the state Department of Education is all about, and it is children that DYS is all about," Chesterfield said. "Somewhere the bureaucratic - we're not going to use the alliterative - the bureaucratic stuff, if you will, has got to be overcome for the children."

Jones assured the committees the division would achieve real results.

"We plan to fix it and keep it fixed," he said.





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