The Role of Principals in Smoothing Transitions

Principals play an important role in facilitating transitions of young people who are sentenced to custodial detention. Principals are generally knowledgeable about relevant state legislation that applies to youth with disability and their right to an education; that is, the Disability Standards for Education (Australian Government Department of Education and Training, 2006). Further, all young people up until the age of 17 must attend school or be engaged in a minimum of 25 hours per week of training (Australian Government Department of Education and Training, 2009). This results in most young people in custodial detention attending school or engaging in vocational education and training (New South Wales Department of Juvenile Justice, 2016). This high level of engagement in school education or vocational training, however, does not typically occur when the youths return to their communities (Noetic Solutions, 2010).

Principals at the sending and receiving schools play a key role in engaging young ex-offenders in education on their return to the community. Knowledge and understanding of what information should be transferred in a timely manner, and what new documentation should be produced based on the extant research is also needed (Mathur & Griller Clark, Reference Mathur and Griller Clark2013). Further, it is crucial that school principals possess the knowledge and understanding of what resources, both personnel and financial, are needed to support transitions (Hirschfield, Reference Hirschfield2014; Nellis & Hooks Wayman, Reference Nellis and Hooks Wayman2009). Lastly, knowledge and understanding of evidence-based practices and programs that engage young people in their learning (Leone & Weinberg, Reference Leone and Weinberg2012) and in displaying prosocial behaviours are essential if these young people are to avoid further involvement with the juvenile justice system (Sprague et al., Reference Sprague, Scheuermann, Wang, Nelson, Jolivette and Vincent2013). The narrative that follows, along with the checklists provided in Tables 1 and 2 present a picture of transition processes that principals from both types of schools can implement to smooth these transitions and increase the chance of positive outcomes for these young people.

TABLE 1

Checklist for Action for the School in the Community

TABLE 2

Checklist for Action for the Juvenile Justice School

Smoothing the Path Into Juvenile Justice

Adolescence is developmentally a time of risk-taking and boundary pushing on the road to achieving independence (Shulman & Cauffman, Reference Shulman and Cauffman2014). Some young people will make poor decisions that the legal system and society cannot ignore. Principals play an important role in ensuring that there is minimal disruption to the education these young people receive and that instruction is both high quality and relevant to the needs of the young person (Mathur & Griller Clark, Reference Mathur and Griller Clark2013).

In this article, the term sending school initially refers to the young person's community school just prior to the young person transitioning to the JJC. Community schools are generally located close to the young person's home and are considered the entity responsible for the transfer of educational records, even when attendance has been an issue. It should also be noted that the school located within the JJC becomes the sending school at the end of the young person's custodial sentence. The term receiving school refers at first to the JJC school and later to the school in the community on release. The roles and responsibilities for school principals, learning support teams, and transition specialists are presented as checklists in Tables 1 and 2, and described more fully in the text that follows.

In Table 1, the actions the principal or their designated appointee in the community school should enact to facilitate a smoother transition into the JJC school, and out, once the young person's sentence is nearing its end are outlined. To smooth the path back into the community school, it is vital that staff are adequately prepared and that the young person and their family/carers are made to feel welcome and supported.

In Table 2, the actions the principal or their designated appointee in the JJC school should attend to on entry and exit are outlined. Aside from inducting and preparing the young person for discharge, the focus here is on information collection, management, and the careful sharing of sensitive material.

Sending School: School in Community

Many young people enter JJC schools with a history of poor school attendance (Strnadová et al., Reference Strnadová, O'Neill and Cumming2017). This may be due to truancy, or suspensions and/or expulsions due to their behaviour. The result is that there may be little in the way of recent academic or behavioural assessment information that can be sent from the student's school in the community to the receiving JJC school. These absences can impact the identification of problem behaviours or other learning disabilities, and the relevancy of existing personalised/individual learning plans (ILPs) can become an issue as long periods of time pass without a review. Regardless, school principals and their learning support teams have an important role to play in sending what information they do have to the receiving school.

Receiving School: School Within the JJC

It is the responsibility of the school located within the JJC to provide quality education to young people during their detention for youth up to the age of 17 (Australian Government Department of Education and Training, 2009). Schools in JJCs should adhere to state policies on education provision as to the number of school days per calendar year, the number of hours per day of instruction required, and data collection. Ethically, the curriculum supplied should be rigorous, permitting the continuation of the young person's education (subjects and credit hours), providing instruction in behavioural and life skills, and seeking to remediate learning deficits (Leone & Weinberg, Reference Leone and Weinberg2012). If the young person has a disability, their ILP and/or behavioural intervention plan should be implemented within the juvenile justice context (Scott & Cooper, Reference Scott and Cooper2013). If one does not exist, then the juvenile justice school should develop an ILP with input from the youth, their family, and other relevant stakeholders (Griller Clark, Mathur, Brock, O'Cummings, & Milligan, Reference Griller Clark, Mathur, Brock, O'Cummings and Milligan2016). Although ILPs are not mandated by law in Australia, they are best practice for students with disability (Dempsey, Reference Dempsey2012).

As mandated by state and territory legislation, on arrival at the JJC, the juvenile justice department organises an induction for the detainee (e.g., Division 3, Procedures on admission, Youth Justice Administration Act of 2016 [SA]; Part 6.4, Admission to detention places, Children and Young People Act of 2008 [ACT]). During the induction, the expectations of the centre are outlined, including routines and procedures, and assessments are conducted, such as health, psychological, behavioural, and risk assessments (Cumming, Strnadová, & O'Neill, Reference Cumming, Strnadová and O'Neill2018). Enrolment at the JJC school may be delayed for several days, especially if the young person is withdrawing from drugs or alcohol misuse (National Institute of Drug Abuse, 2014).

The principal of the sending school is contacted to ensure the timely transfer of school records, including the most recent ILP (Marshall et al., Reference Marshall, Powell, Pierce, Nolan and Fehringer2012). State and territory education departments have policies and procedures that govern the transfer of school records (e.g., Transfers policy, Victorian Department of Education and Training, 2018). Principals from nongovernment schools should refer to local policies and procedures regarding the transfer of personal information. For students with disability, school counsellors can facilitate the transfer of ILP information. Information received from the student's school in the community can be used to guide assessment, educational, and transition planning.

The young person is interviewed and participates in academic assessments on admission to the JJC school. This information, along with any information that is available about the student from the sending school, is then passed on to the student's allocated teacher (Cumming et al., Reference Cumming, Strnadová and O'Neill2018). The ILP will often need to be updated, including any necessary accommodations and modifications.

At this point a transition specialist should become involved. In New South Wales, the transition specialist is an employee of the education department (Cumming et al., Reference Cumming, Strnadová and O'Neill2018). This may differ in other jurisdictions. The transition specialist is a teacher located within the JJC school who acts as a dedicated transition specialist for 2 days/week. Their role is to work with the young person to identify their postrelease education/training or employment goal; liaise with the juvenile justice department and attend case conferences; liaise with community schools, educational institutions, or potential employers or employment agencies; and prepare any supporting documentation to support transition back to the community.

The transition specialist should be provided with a copy of any assessment data from the sending school or JJC school, and the ILP (if one exists), so that transition planning can begin as soon as possible (Griller Clark & Unruh, Reference Griller Clark and Unruh2010). The transition plan will be most effective if it includes both the youth's short-term goals for release as well as medium-term goals for postschool life. If the transition specialist is employed by an outside agency rather than the school system, they may not be privy to the young person's school records or ILP. A release of information will then need to be organised by the principal and signed by the youth's parents/carers.

The transition specialist then collaborates with the classroom teacher and youth to develop a transition plan. The ILP and transition plan should be well aligned, and include instruction in academics, independent living skills, self-determination and self-advocacy, social skills, and vocational skills that will assist the youth to achieve their transition goals (Flexer, Baer, Luft, & Simmons, Reference Flexer, Baer, Luft and Simmons2013; O'Neill, Strnadová, & Cumming, Reference O'Neill, Strnadová and Cumming2018). If the young person displays challenging behaviours, then an individual behaviour intervention plan will also be required.

Many youths in the juvenile justice system have a diagnosis of, or present with, an emotional and behavioural disorder (Indig et al., Reference Indig, Vecchiato, Haysom, Beilby, Carter, Champion and Whitton2011) and require a behaviour intervention plan (Gagnon & Barber, Reference Gagnon and Barber2010). These individual plans are best implemented within a positive whole-school approach to behaviour (Scott & Cooper, Reference Scott and Cooper2013). Sprague et al. (Reference Sprague, Scheuermann, Wang, Nelson, Jolivette and Vincent2013) recommend that schools located in juvenile justice settings adopt a schoolwide positive behaviour interventions and supports (SWPBIS) approach. SWPBIS is an evidence-based, multi-tiered approach to improving school discipline that has been shown to reduce disciplinary incidents, increase academic achievement, and improve staff morale and perceptions of school safety (Sugai et al., Reference Sugai, Horner, Dunlap, Hieneman, Lewis, Nelson and Ruef2000). When implemented in a juvenile justice setting, SWPBIS has the potential to improve the overall climate and culture of the setting, thereby producing better outcomes for both youth and staff (Jolivette & Nelson, Reference Jolivette and Nelson2010). It provides an effective alternative to the often dominant, punishment-based disciplinary strategies for youth misbehaviour in juvenile justice settings (Scott & Cooper, Reference Scott and Cooper2013).

Within SWPBIS, when a student's behaviour has reached a critical point and they are incarcerated, Tier 2 and Tier 3 interventions should be implemented in the JJC school. Tier 2 is small-group focused and includes evidence-based practices such as targeted academic accommodations and supports and social skills training (Simonsen & Sugai, Reference Simonsen and Sugai2013). Tertiary-level prevention (Tier 3) is individualised and consists of (a) identification of goals, (b) data collection and analysis, (c) summary statements, (d) multi-element plans, and (e) a monitoring system. Tier 3 comprises the process of functional behavioural assessment in order to create a behaviour intervention plan incorporating individualised, assessment-based intervention strategies, such as instruction of replacement skills for problem behaviours, changes in the environment to encourage appropriate behaviours, and data collection procedures to monitor behaviours in order to evaluate and reassess the plan (Simonsen & Sugai, Reference Simonsen and Sugai2013). Tier 3 practices in alternative education settings such as JJCs require additional coordination due to the intensity of student behaviours, but also the multitude of personnel involved in the young person's care (Scott & Cooper, Reference Scott and Cooper2013). Interventions within the SWPBIS framework should be focused on skills that the student will need to successfully transition out of juvenile justice back into the community.

Smoothing the Path out of Juvenile Justice

It is a stark reality that many young people who leave JJCs in Australia and elsewhere do not return to school in the community, or if they do, they do not remain for long (Aizer & Doyle, Reference Aizer and Doyle2015; Noetic Solutions, 2010). Reasons reported in international literature include low expectations from teachers and school executives, fear from peers and teachers, a lack of positive school supports and practices, and poor flexibility of receiving schools (Cole & Cohen, Reference Cole and Cohen2013; Hirschfield, Reference Hirschfield2014). While in custody, school-aged youths are required to attend school daily by the JJC and are provided remedial education in classes with low student-to-teacher ratios (Strnadová et al., Reference Strnadová, O'Neill and Cumming2017). On return to the community, it is the responsibility of the youth's family/carers to support regular school attendance, and families can be indifferent towards enforcing school attendance (Ingersoll & LeBoeuf, Reference Ingersoll and LeBoeuf1997). The youth also typically becomes one of hundreds of students attending their local high school.

Sending School: School in the JJC

While the young person is in detention, the school principal is ultimately responsible for ensuring that teachers have (a) conducted necessary academic and behavioural assessments, (b) created or updated the ILP if the young person has a disability, (c) provided instruction appropriate to meet the assessed educational needs, (d) documented achievements including course credits or examination results, and (e) educational pathway planning. Ideally, the young person also receives instruction in self-determination and self-advocacy (Griller Clark, Reference Griller Clark and O'Neill2018; Strnadová et al., Reference Strnadová, O'Neill and Cumming2017). If the school has a transition specialist, he or she completes transition activities that are advocated in the research literature (see Marshall et al., Reference Marshall, Powell, Pierce, Nolan and Fehringer2012; Mathur & Griller Clark, Reference Mathur and Griller Clark2013). These activities include (a) conducting transition assessments with the young person such as vocational interest surveys, (b) conducting occupational awareness sessions, (c) developing assessment-based transition goals in collaboration with the teacher for inclusion in the ILP, (d) identifying and establishing linkages with transition services and agencies in the community, (e) developing a transition portfolio, (f) arranging for transfer of records between agencies/departments, (g) assisting the young person with re-enrolment in school or vocational education, (h) liaising with transition services, and (i) establishing a system to track educational or employment engagement and recidivism upon release.

If the young person has indicated a desire to continue on an educational path on release, planning needs to occur as soon as possible to determine the feasibility and timeliness of the young person's enrolment in his or her preferred setting. Much of the above is required for the discharge case conference that the JJC manager or their designee should organise 4 to 6 weeks prior to release (Cumming et al., Reference Cumming, Strnadová and O'Neill2018; Hogan, Bullock, & Fritsch, Reference Hogan, Bullock and Fritsch2010). At the discharge case conference, the youth's transition back to the community is discussed and final plans made to address areas of ongoing risk of recidivism. The JJC school should supply the juvenile justice department with information regarding education or training goals for the discharge conference (Cumming et al., Reference Cumming, Strnadová and O'Neill2018). If the receiving school has been determined, the receiving school principal could be invited to attend part of the discharge conference.

The JJC school principal contacts the principal of the preferred educational setting to discuss possible enrolment. If enrolment is possible, the JJC school principal should organise the transfer of school records, including the ILP and transition plan, 3–4 weeks before the young person's return to the receiving school in the community (Hirschfield, Reference Hirschfield2014). Any programs, approaches, or assistive technology that have been successful in raising literacy or numeracy skills should be included in the ILP to facilitate continued gains in the community school environment. Records should only contain information relevant to the education of the young person, such as the student's ILP and assessment results. Information regarding the young person's offence would violate the youth's right to privacy (Australian Law Reform Commission, n.d).

Receiving School: School in the Community

The principal at the school in the community can have a difficult job convincing their school staff that a young person returning from detention deserves a second chance or fresh start (Cole & Cohen, Reference Cole and Cohen2013). Staff can understandably feel concerned about the possible risk to themselves or students, or any possible disruption that could occur (Lanskey, Reference Lanskey2015). This is where a positive and accepting attitude to the return of the young person, matched by the behaviours of the school executive, is essential. The school executive can do much to allay these concerns through carefully planned individual supports and effective schoolwide practices.

To assist in accomplishing this, the community school principal should request sufficient information and advice from the sending JJC school principal about the behaviour of the young person to develop a behaviour support and risk management plan (Australian Capital Territory Government Education Directorate, 2016; Lanskey, Reference Lanskey2015).

A tension can exist between a young person's right to an education and their privacy when they have committed a crime as a minor. This is juxtaposed against the receiving school principal's obligation to ensure a safe work and learning environment for staff and students if the young person has a history of violence. It should be noted that in NSW, acts intended to cause injury, serious violent offences, accounted for only 13% of all charges proceeded against by the courts (Pritchard & Payne, Reference Pritchard and Payne2005). In some states such as NSW and Tasmania, within Education Acts, enrolling school principals can request information regarding risk from youth justice departments to enable decisions or provisions regarding the enrolment of a young person (see Division 2, 26B & C, Education Act 1990 No 8 [NSW]; Division 6, 61.2 [a, b] Education Act 2016 [TAS]). In other jurisdictions, principals should consult their legal branch for advice regarding requesting information from youth justice departments.

If the young person has a history of violent offences, the receiving school principal can be put in a difficult position, as they are bound by Commonwealth law to protect staff and students under the Work Health and Safety Act 2011, No 137. Under this law, the school principal as the workplace manager must assess all potential risks to staff and take steps to minimise harm. Where concerns exist regarding safety/behaviour, state education acts (e.g., Education Act 1990 No 8 [NSW]; Education [General Provisions] Act 2006 [QLD]; Education and Training Reform Act 2006 [VIC]; School Education Act 1999 [WA]) do permit the ministers/chief executive officers to refuse enrolment if the student poses an unacceptable risk, or if suitable accommodations and supports cannot be provided at the local school. Principals are advised to liaise with the legal branch of their organisation for advice regarding enrolment related to safety.

Principals can also look to their education department policies on the matter of enrolment of students who may pose a risk to the safety of others. The student's enrolment may be delayed until appropriate resources can be acquired, and/or a behaviour/risk management plan is formulated and/or resources acquired to minimise potential risks. If the principal does decide to enrol the young person, she or he must make relevant information available to staff, but only that which is deemed necessary to protect themselves or students from harm (New South Wales Department of Education and Training, 2006).

If it is determined that there is a risk of violence/harm to staff or other students, a behaviour management plan that documents known triggers, likely student behavioural responses, and appropriate responses by staff to minimise the risk must be created (Australian Capital Territory Government Education Directorate, 2016; Gagnon & Richards, Reference Gagnon and Richards2008). Individualised behaviour management plans in conjunction with adopting a SWPBIS framework and its associated positive behaviour management practices can minimise problem behaviours in all students, including those with challenging behaviours (Lewis, Jones, Horner, & Sugai, Reference Lewis, Jones, Horner and Sugai2010). The leadership team have a duty to disseminate the ILP, and, if required, the individualised behaviour management plan to school staff likely to interact with the young person (e.g., Victorian Department of Education and Training, 2017).

If a prerelease visit is possible, invite the young person to visit the school (Hogan et al., Reference Hogan, Bullock and Fritsch2010), or organise a teleconference where the youth can ‘meet’ key staff such as the principal, school counsellor, learning support teachers, and year advisor. Low expectations and concerns about the academic performance of young ex-offenders by teachers, and the effort required on their part to address deficits, can also present challenges for the school executive. This may be due to a perception of nonacademic program delivery while the young person was in detention or based on the student's prior educational performance or attendance (Office for Standards in Education, Children's Services and Skills, 2010). There are, however, several ways in which school principals can address these concerns.

One way a principal can address concerns is by scheduling a learning support meeting 2 weeks prior to the young person's expected return (Hirschfield, Reference Hirschfield2014). At this meeting, the principal should share the academic achievements and progress made by the young person while in detention. The updated ILP from the JJC school should be used to establish the present level of performance, as well as a suitable, age-appropriate course of study. If the young person has accommodations, adjustments, modifications, and/or assistive technology needs, these should be discussed and organised. Course hours or credits completed while in detention should be credited to the young person's transcript. If vocational training courses have been started, plans should be made to allow completion back in the community. If the young person has parole conditions, the school must be made aware of these, including who the parole/community justice officer is (Hogan et al., Reference Hogan, Bullock and Fritsch2010).

The young person should then be carefully assigned to classes with supportive teachers and prosocial peers. Learning support teachers, teacher aides, and the school counsellor should be made available to support the classroom teachers in providing quality instruction to the young person, especially in the first few weeks of the transition period. The transition specialist from the JJC school should be invited to participate in meetings where the young person's education is discussed for continuity reasons.

The student is then supplied with a timetable, course notes, textbooks, peer buddies, a peer tutor, or an external tutor for the first days back at school, especially if she or he is returning midway through the school term. A letter welcoming the young person and their family back to school, or to the new school, is another way that the principal can convey positivity.

Getting off to a Good Start From Day 1: Back at School in the Community

The first day back can be stressful for the young person and the school in the community. It is important for the young person to have support in getting to school, re-enrolment, and returning home at the end of the day. The transition specialist or mentor can assist in these tasks. The principal and school executive at the receiving school must convey in actions and words that the school is welcoming of new students, regardless of their histories, and that they are available to help them achieve their immediate and postschool goals. Prior to or on the student's first day of attendance, the principal can meet with the young person, their family, and transition specialist if they have one, to review (a) school expectations, (b) the behaviour management plan if required, (c) additional educational programs like peer tutoring and mentoring, (d) options for extracurricular activities, (e) accommodations or supports as listed in the ILP, and (f) to issue textbooks/resources.

The student can be made to feel more welcome and secure by the assignment of a peer buddy to walk the young person to class and have recess/lunch with him or her. Ideally, the peers are students the young person gets along well with or, if at a new school, are responsible and sociable peers. This practice can effectively reduce confusion, anxiety, and isolation. As the term progresses, the principal can monitor the young person's progress in class, nonacademic times, and in extracurricular activities (Hogan et al., Reference Hogan, Bullock and Fritsch2010).

Maintaining the Young Person at School

Principals can do much to influence how their school assists young people returning from detention to feel connected to their community. Schools provide much-needed structure to the young person's day and can engage them in learning, extracurricular activities, and prosocial interactions. Coupled with other support services, the young person can be supported in their transition from a highly structured custodial environment to greater freedom with guidance and support. Careful monitoring by the school executive of the young person's progress, informal positive interactions in hallways, and positive notes home can do much to make the young person feel welcome.