RIGHTS, LIBERTIES, AND
EDUCATION IN “LEAST”
AND “MOST” RESTRICTIVE
Contrasting Futures of Public Education
and Juvenile Justice
with Doug Judge
INVESTIGATING A FURTHER PARADOX FOUND in special education, this chapter compares institutional change, especially owing to ongoing legalization in American education, in two arenas: public (special) education and state correctional institutions. We identify the different rights, liberties, and access to education that youth in the United States have been provided in these contrasting environments since 1970. The analysis begins before special education expansion reached every public school and before rights-based initiatives joined traditional concerns about conditions of confinement within state correctional facilities and the rise of juvenile crime and incarceration.
Over the past four decades, we argue, public education and correctional institutions have moved in opposite directions in terms of education rights. Whereas special education has withdrawn somewhat from the primary concern of the right to education (and school integration), state correctional fa