Costa Rican Education Supports for Youth With Disabilities Within Correctional Confinement

Abstract

Costa Rica has developed a modality for people in vulnerable conditions to remain in the education system called Educación Abierta, Spanish for “Open Education.” This modality is described, and a lack of specific research is identified regarding minors with a disability and deprived of liberty. This article acknowledges the current good practices on local educational programs for this population, as well as the challenges that are still to be faced regarding diagnosis and intervention strategies within Centro de Formación Juvenil Zurquí for students with attention deficit and hyperactivity disorder, dyslexia, and dyscalculia, among others.

Reentry Barriers for Incarcerated Girls With Undiagnosed Disabilities in Costa Rica

“…Psychosocial disabilities resonate and align with other concepts, such as emotional disturbances (ED), a concept that Costa Rica’s juvenile facilities have incorporated (Ochoa et al, 2019), or EBD as defined by Kauffman et al (2007). However, even when emotional disturbances or EBDs may be empirically identified in some youths by CFJZ teachers, there are no psychometric protocols in existence to diagnose girls and young women during incarceration (de Mezerville et al, 2020).…”

“…As such, while the IDEA is clear about special education service delivery during the incarceration period for students with disabilities and requires all educational and mental health services, including evaluation if there are any indications that the youth in correctional confinement has a disability, Law 7600 lacks that clarity. In fact, de Mezerville et al (2020) noted that the current situation in juvenile correctional facilities is the lack of mechanisms to carry out a special education evaluation if an educator (or anyone else) in the correctional facility suspects the existence of a disability recognized by Laws 7600 and 7948 (i.e., learning disability or emotional disturbance). That is to say, currently, Law 7600 does not explicitly require evaluations of disability needs for incarcerated youth nor does it monitor if students with disabilities are receiving special education services during the time of incarceration.…”

“…Educational services for the juvenile population are emphasized during juvenile confinement, as mandated by law (Ley 2160(Ley , 2001Segura & y Vargas, 2016) While the educational system offers an opportunity for confined youth to become re-engaged with their education and must remain a priority, preparation for employment for young girls remains a significant need (de Mezerville et al, 2020). While the alternative sanctions' system and some Costa Rican prisons for adults have programs to develop employability skills for both men and women, the efforts in prisons for minors emphasize academics.…”

Incarceration Risk Among Girls With Behavior Disorders: An International Perspective

“…Special education does not currently extent to juvenile correctional facilities in Costa Rica (de Mezerville et al, 2021). However, it is unclear why special education is not provided in juvenile correctional facilities as nothing in Law 7600 bars it explicitly.…”

Trauma and Abuse Among Incarcerated Girls in the United States and Costa Rica

“…The issue of incarcerated girls with mental health disabilities is largely unaddressed in Costa Rica. There are no protocols in place to respond to the needs of girls who present with undiagnosed disabilities, and COVID restrictions have reduced the availability of professional services available due to personnel working from home and restrictions on volunteers entering the facility (de Mezerville et al, 2021). The overarching concern regarding incarcerated girls with disabilities in Costa Rica is the lack of data about this population, which restricts the development of protocols to diagnose, treat, and respond to their mental health needs.…”