NYC Jails Flagrantly Deny Young People’s Legal Right to Education

Last June, New York City Mayor Eric Adams spoke to graduates at Rikers Island who received their high-school-equivalence diplomas while serving in jail.

“When you get your diplomas today,” Adams told the graduates, “I want you to stand up, lean back, be firm and strong and say, ‘I got this. When does the hard part start? I’m finished with the hard part. Now I’m moving forward to my destiny on what I want to accomplish.’”

The group represented the successful fruits of a law that guarantees access to education to people incarcerated in city jails. The success stories, however, are only part of the picture.

Other young people incarcerated in New York jails said in court filings that they’ve been repeatedly denied their legal right to education and that the city has failed to comply with a 2016 court order requiring education access for people between 18 and 21 held in in Department of Correction custody. In filings Wednesday, the plaintiffs in a decadeslong class-action suit against the city called for the appointment of a new court monitor to oversee implementation of the order.

“Not only is this a legal failing, but it’s a moral failing.”

“Not only is this a legal failing, but it’s a moral failing,” said Lauren Stephens-Davidowitz, a staff attorney with the Prisoners’ Rights Project at the Legal Aid Society, a public defense organization, which made the Wednesday filings. “You have these young people who are begging to get their high school education while they’re incarcerated, and are just trying so hard, and are being denied it.”

The original 1996 suit claimed that the city Department of Correction and the Department of Education failed to provide education to young people entitled to public schooling. Plaintiffs are now alleging that the city has failed to comply with a 2016 federal court order requiring that incarcerated young people be given access to a minimum of three hours of educational services each day. The order also required provision of special education services to people who needed them.

Class members include 29 people in New York City custody between the ages of 18 and 21 who don’t currently have a high school diploma. Declarations from class members provided to The Intercept document alleged violations of the 2016 court order, including claims that they’ve been told they can only receive education if they’re housed in certain programmatic facilities. (The Department of Education referred questions to the Department of Correction. The mayor’s office did not provide a comment.)

By keeping people from accessing legally required educational services, the Department of Correction is working against its professed goal of rehabilitation, said Stefen Short, a supervising attorney with the Prisoner’s Rights Project.

“It’s proven that when an individual attains their high school diploma or the equivalent in custody, their prospects for success improve on the outside,” Short said. “DOC is essentially letting folks sit idle rather than provide them with access to educational services to which they have a right. That renders everyone in the jail setting less safe. It’s a strange state of affairs. It doesn’t serve anyone’s interests.”

A spokesperson for the Department of Correction referred questions about the legal filing to the city’s Law Department, which represents the mayor and city agencies, and has not responded.

“The department has just received additional funding for programming for people in custody,” said the Correction spokesperson, Annais Morales, said, adding that the funds would allow for programs including general education diploma preparation and “tutoring for all people in custody.”

Last Chance for a Diploma

The court appointed a monitor in 2016 to oversee the city’s implementation of the order. In his third report in 2018, as his two-year term was winding down, the monitor found that the order was working for younger detainees, who were being phased out of the adult criminal system under a 2018 city law and were no longer part of the class, but not for people over the age of 18.

“While the education program at Rikers has shown marked improvements during the past two years, access to education for inmates age 18 to 21 is a persistent problem,” the report said.

Only people incarcerated in special Department of Correction program housing have access to education services. Detainees don’t have a choice in where they’re housed, and people in non-program housing have said they’ve requested access to education and been denied.

At a November meeting of the city’s Board of Correction, a nine-member oversight body, Correction Department Deputy Commissioner Francis Torres said the department provided educational services at only two facilities: the Robert N. Davoren Complex and the Rose M. Singer Center. “For this year, we have targeted our educational efforts, meaning granting access to educational services at RNDC and Rose M. Singer,” Torres said.

One incarcerated person, who needs special education services and submitted a declaration as part of the new filing Wednesday, said he had lost nearly a year of progress toward his diploma during the Covid-19 pandemic and was still being denied access to education.

“I need my special education services in order to make educational progress,” the incarcerated man said. “I am not getting the three hours of education per day that I am entitled to.”

The man, who said he was interested in vocational training in carpentry, computers, or cybersecurity, added, “I want to seize every opportunity I can to prepare for a better future.”

An incarcerated 19-year-old who received special education services prior to being in jail custody said Department of Correction staff told him he had to wait to receive education services until he was transferred to a different complex. When he got there, he said staff told him he couldn’t enroll in education services because he wasn’t in a school dorm.

“I was worried that I would not be safe in another housing area,” he said. “I did not think it was fair that I had to choose between school and safety.”

When an incarcerated person turns 22, they age out of the right to get education while in jail. “This is the last chance they have to get a high school education,” said Stephens-Davidowitz, the Legal Aid attorney. “This is a critical juncture in their lives. They have a right to do it, and they’re trying.”

Update: April 4, 2024, 2:30 p.m. ET
This story has been updated to include a comment from the New York City Department of Correction received after publication.

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