concurring:
I agree with the majority that the judgment of the trial court should be affirmed. I write separately, however, to emphasize the importance of Judge Combs Greene’s efforts to ensure compliance with the IDEA within the setting of the juvenile justice system. Although there was delay in obtaining the IEP for C.S. prior to her transfer to Woodside Hospital, nonetheless, the IEP was in place prior to her transfer. Yet, instead of stressing that Judge Combs Greene’s July 11, 2000, court order requiring an IEP assessment for C.S. was consistent with the law, the majority opinion states that: “[Nothing in the IDEA requires that an IEP be created or reviewed prior to entering a disposition in a juvenile delinquency case.”
Respectfully, I believe that this statement and others in the majority opinion give the wrong signal, not only because they may be misread to say that any effort to fashion an IEP within the context of a delinquency hearing is legally inappropriate, but also because it ignores both the critical importance of, and the legal requirement for, special education for delinquent children, and concomitantly, the nexus between delinquency and the need for special education. See Peter E. Leone, et al., Understanding the Overrepresentation of Youths With Disabilities in Juvenile Detention, 3 D.C. L.Rev. 389 (1993); SpeCial Education Advocacy UndeR the Individuals with Disabilities Education Act *314(IDEA) FOR CHILDREN IN THE JüVENILE Delinquency System (Joseph B. Tulman & Joyce A. McGee, eds., 1998). Such statements also may dissuade judges, like Judge Combs Greene in this case, from following the recommendations of diligent and skilled professionals, who recognize that critical special education needs of a delinquent and psychologically troubled child with medical problems may not be met in a timely fashion, if one is compelled to await the filing and resolution of a civil action to enforce the right to an IEP. See Unified Sch. Dist. No. 1 v. Connecticut Dep’t of Educ., 64 Conn.App. 273, 780 A.2d 154, 163-65 (2001) (Delay in the receipt of the IEP should not defeat the child’s entitlement to it), certification for appeal denied, 258 Conn. 910, 782 A.2d 1253 (2001).
All children with special needs, as in C.S.’s case, must be given “a free appropriate public education that emphasizes special education and related services designed to meet their unique needs....” 20 U.S.C. § 1400(d)(1)(A) (2000); 300 C.F.R. § 300.1 (2001). This includes children who are in local juvenile correctional facilities in jurisdictions, including the District of Columbia, that receive funds under the IDEA. 34 C.F.R. § 300.2(b)(l)(iv); 20 U.S.C. §§ 1401(27), and 1411 (2000). The July 11, 2000, order issued by Judge Combs Greene, requiring an “IEP Assessment to be completed,” is consistent with this legal requirement, and is traceable, in part, to the recommendation of Patrice Young, C.S.’s probation officer who attended the July 11, 2000, disposition hearing. In discussing C.S.’s case and efforts to find an appropriate placement for her, Ms. Young stated, in part:
I understand that C. is making progress at Oak Hill in terms of stabilization, ... the staff [members] speak highly of her, they say she’s adjusting w[e]ll without incident, she spends a lot of time ... to herself, she keeps a journal, she’s focusing on her own short term goals, and they’re extremely impressed. I would also ask Your Honor to issue an order for an educational assessment to be initiated at Oak Hill....
Judge Combs Greene’s July 11 order continuing the disposition hearing, reflected not only informed sensitivity to C.S.’s needs and the concerns of C.S.’s mother, but also her awareness of the importance of the legally required IEP:
I think C. needs assistance and she’s apparently getting it, she’s apparently cooperating in it and I don’t see why we should at this point cut that off.... I haven’t made up my mind about anything, but I do think it’s worth[ ]while for you to be interviewed, and it may be that a residential placement for a little while would be appropriate, I don’t know-|Y]ou may be upset about remaining at Oak Hill for now, but you are making progress and that is good, and so I think that that’s probably where you ought to stay for now. And I will order an education assessment be done by Oak Hill and that C. cooperate in her transportation and Ms. S.[,C.S.’s mother], if you can attend the interviews, I think that would be helpful. I know your work schedule is [tough], and I know you’ve devoted a lot of time to coming to court, but if you can attend the interviews then it would be helpful.
Subsequently, Ms. Young and another person submitted a report to the trial court relating to C.S.’s court-ordered IEP. The report stated, in part:
On July 11, 2000, Your Honor issued a court order for an educational assessment to be completed at Oak Hill. According to Dr. Glaspell (staff psychologist), a careful review of previous report and interview of ... the respondent, indicates the need for an Individualized *315Education Program. Dr. Glaspell reports being able to complete an IEP before August 10, 2000.
When the disposition hearing continued on August 23, 2000, Ms. Young was not the probation officer in attendance. As Judge Combs Greene sought to sort through the disposition options — probation or residential placement, and the most appropriate facility in the event of residential placement — none of the parties present mentioned the outstanding, court-ordered IEP assessment.
One week later, on August 30, 2000, the parties again assembled. Despite the opposition of both C.S. and her mother, Judge Combs Greene expressed the view that a residential placement was the best option for C.S. Clearly uppermost in the judge’s mind were the medical needs of C.S. Thus, she inquired of the attorneys, probation officer, and social worker, all of whom were present:
Here’s my question ..., are the concerns that were raised by Devereaux [a facility in Florida,] with regard to C.’s medical condition and the reason that they thought they would not be ... an appropriate placement, are we satisfied that Woodside can address those needs, because I don’t want to send her anyplace where her medical needs can not be met adequately.
After hearing from the parties in response to her question, Judge Combs Greene addressed C.S. and her mother, asking for their cooperation despite their disagreement with the placement at Woodside Hospital, referring to C.S. as “a very intelligent young woman,” and specifying that if the placement does not work out, the court will “reevaluate where we are.” The trial judge asked C.S.: “Is that fair enough even though you’re not happy with that?” C.S. responded: “Yes.” None of the parties present mentioned the court-ordered IEP assessment.
What happened between August 30, 2000, and October 24, 2000, to delay C.S.’s transfer to Woodside Hospital is not altogether clear from the record before us. Nonetheless, in opposing C.S.’s October 23, 2000, Emergency Motion for Stay and Reconsideration of Disposition Order on October 31, 2000, the government asserted: “On October 23, 2000, D.C. Public School[s] [DCPS] informed DHS they had completed the respondent’s IEP, allowing DHS to place respondent the next day.” As the majority opinion recognizes, C.S. was not transferred to Woodside until after C.S.’s court-ordered IEP assessment was available.
Thus, despite the delay, C.S.’s case illustrates that a legally-required IEP can be prepared during a pending delinquency matter, with the cooperation of the court, probation and social workers, and the DCPS. I see no reason to discourage this process by emphasizing that “[t]he sole judicial remedy under the IDEA is a civil suit ....”; and that: “The IDEA states nothing about the obligation of the juvenile justice system to review or create an IEP before ordering a disposition in a juvenile delinquency case.” The short answer to this position is that nothing in the IDEA precludes a judge from taking steps to make certain that an IEP is in place prior to disposition. Given the importance of education, and the known link between delinquency and special education needs, such steps clearly are consistent not only with the best interests of the child, but also with the IDEA which applies to children who are in local juvenile correctional facilities in jurisdictions, including the District of Columbia, that receive funds under that Act.