Referral of Learners with Emotional and Behavour Disorders in Selected Juvenile Schools in Kenya

Referral of Learners with Emotional and Behavour Disorders in Selected Juvenile Schools in Kenya

James Muthomi Rintaugu, B.ed (SNE with IT), M.Ed (SNE)

Department of Special Education and Early Childhood, Kenyatta University

DOI: https://doi.org/10.51584/IJRIAS.2023.8807

Received: 10 October 2022; Revised: 03 November 2022; Accepted: 07 November 2022; Published: 10 September 2023

ABSTRACT

The objective of this research was to establish referral of learners with Emotional and Behaviour Disorders (EBD) in Juvenile Schools (JS) in Kenya. Social learning theory which depicts that individuals learn from each other in their daily activities was relied on. A cross sectional descriptive research approach was used. The target population comprised of 646 respondents. Probabilistic sampling techniques were applied while questionnaires, interview schedules, focus group discussion, document analysis and observation schedules were used for data collection. Quantitative and qualitative data were collected. It was found that referral from juvenile justice system was majorly practiced as opposed to empirical recommendation of a school system referral. The implication being that a linkage of regular and JS referral avenues ought to be practiced.

Keywords: Assessment, Behaviour change, Emotional and Behaviour Disorders (EBD), Juvenile Schools, Special Needs Education.

INTRODUCTION

In a global perspective, an article on bullying in Japanese schools by Kawano (2016),describes that the vast majority of bullying (teasing, insults, threats and nasty comments) was reported at 64.5% by the year 2014 in a country wide study. This implies that problematic behaviours among learners with Emotional and Behaviour Disorders (EBD) in Japan was high and interventional measures had to be sought. In their study on association of sleep with EBD among abused children and adolescents admitted to residential care facilities in Japan, Higuchi, Kitamura, Mishima, Okada, Otaga, Tachimori and Tsutsui (2018), found that appropriate referral is mandatory for behavior change.

Das and Shah (2014), in their study on Special Education today in India, points out that learners with EBD are mainly educationally deprived due to poor referral.

In Uganda, according to Ministry of Gender, Labour and Social Development and UNICEF Uganda (2015), there are about 2.5 million children with disabilities and 10% of these are not in school. They are disproportionally vulnerable to violence and sexual abuse due to lack of access to educational services and appropriate socio-cultural beliefs.

In Kenya, EBD is the least supported category of learners with disabilities with only 2% support and the least assessed (Kenya Institute of Special Education (KISE, 2017)). Thus, the question of behaviour change support and access to assessment and referral is at stake.

In a case study in Nakuru County on effects of armed ethnic conflict on education of children and the implication for peace education, (Ngundo, 2013), argues: that behaviour change in children and adults occurs over time and in an environment which favours the change and for behaviour change to happen, learners’ environment should include; appropriate referrals in context of each learner’s needs.

In this study, referral was the key predictor to behaviour change of learners with EBD in Juvenile Schools in Kenya.

Criteria for referral of learners with EBD to Juvenile Schools

Globally, about 50,000youth were incarcerated within the juvenile justice systemon any given day in America between the years 1999 and 2013 (Faruqee, Ryan & Ward, 2018). A census of juveniles in residential placement by the United States of America department of justice’s office of juvenile justice and delinquency prevention (2013), and a study on keeping youth in school and out of the justice system in the United States of America, an analysis of the 2013-2014 school discipline by Farn (2018), established that youth were still referred to rehabilitation centres by the juvenile justice system and overrepresentation of youth with EBD in school based referrals to law enforcement and school related arrests were rampant. This finding is attributed to teachers’ habit of evading learners’ behaviour management. However, Faruquee et al. (2018), observe that the U.S. department of justice’s office in charge of juvenile justice and delinquency prevention does not elaborate on any agreed way to carry out the referrals for children with EBD. This study investigated how learners with EBD were referred for behaviour change in juvenile schools.

According to UNICEF in Kenya (2014), approximately 4 percent of the prison population are children in conflict with the law. Majority of these children committed minor offences that did not require incarceration if appropriate referrals were in tandem with their special needs. In fact, children are continuously being exposed to mistreatment by law enforcers and are often confined with adults due to lack of child friendly facilities in Kenya. However, UNICEF in Kenya (2014), did not elaborate on how to refer learners with EBD. This study endeavored to establish the referral avenues for learners with EBD in the selected JS in Kenya. ,

Child protection services in Kenya have developed in an ad hoc way (UNICEF Kenya, 2015). In a study on taking child protection to the next level, it has been observed that what complicates the matter of child protection is a shortage of child protection centres, units and legal aid, lack of psycho-social support, weak referral systems, limited services to strengthen families and parenting, provisions of family care, and the lack of a monitoring and evaluation frameworks. These are the aspects that were addressed in the current study. Although UNICEF has the mandate to develop a behaviour change communication strategy on child protection, this has not been done.

National Council for Children’s Services (2015), in a research on national plan of action for Children in Kenya, found out that there are inadequate institutions and expertise countrywide (Kenya) to address the needs of children especially referrals for those in conflict with the law.  However, National Council for Children’s Services (2015), did not find the missing link for successful referrals of learners with EBD. This was despite the fact that referral of children with disabilities was a key item in the National plan of action for children in Kenya. This study established the existing criteria for referral in selected JS.

Wruble (2016), in a study on school based referrals to the juvenile courts, prevalence and characteristics in the United States of America, observes that in the year 2011, over 80% delinquency cases referred to the juvenile courts were from schools. A clear indication that school referrals had been embraced. However, the process of referral to JS was not established. This was despite the aim of the study by Wruble (2016), being to investigate school based referrals to the juvenile courts as an element of the school to prison pipeline together with the race and special education status as predictors of school based juvenile court referrals. This study established existence of school referral for learners with EBD to JS in selected counties in Kenya.

Kilekamajenga(2018), in a study on referral mechanisms for restorative justice in Tanzania, whose objective was promotion, protection and maintenance of the welfare and rights of the child, found out that children in conflict with the law are taken to juvenile courts and thereafter, incarcerated without any school referrals. This is despite the fact that school professionals ought to be the first referral mechanisms. Kilekamajenga(2018),  recommends a restorative justice for children in conflict with the law by taking them to school for behaviour change through the appropriate education process. A challenge facing Kenya is lack of adequate data on persons with EBD to inform effective special education service delivery (National Council for Children’s Services, 2015). From the Ministry of Education in Kenya (2009),a research on the national special needs education policy frame work in Kenya, and Ndirangu (2010), in a study on educational outcomes of reintegrated child offenders in Othaya Rehabilitation School in Nyeri County, adduced that although Educational Assessment and Resource Centers (EARCs) were introduced in Kenya in the year 1984 with the primary purpose of ensuring early identification, assessment, intervention and placement of learners with special needs including those with EBD, more than thirty years later, a battery of challenges including lack of a multidisciplinary approach, training of special needs teachers among others still face EARC centres. This study therefore, sought to establish how referral of children with EBD from school or society to JS were identified and the process involved.

METHODOLOGY

The study adopted a cross sectional descriptive research approach. This approachaided the researcher in accurately capturing the referral dynamics of learners with EBD in selected Juvenile Schools (JS) in Kenya. The capturing was via questionnaires, focus group discussion, observational schedules and interviews. The instruments were applied to probabilistic sampled respondents.

Locale of the study

The study was carried out in selected JS in Kenya. These JS were in three counties namely Nairobi, Kiambu and Kirinyaga. Selected due to; high population of learners and their heterogeneity (in terms of their backgrounds) and gender parity.

Referral avenues for learners with EBD to Juvenile Schools in Kenya.

In the selected Juvenile schools (JS) in Kenya, the following referral patterns were observed. That is, judicial and School systems respectively. They are each analyzed and presented independently in the subsequent subheadings.

Referral from juvenile justice System

The study established the following reasons for referral from juvenile justice system to JS as presented in Figure 4.1

Figure 4.1 Reasons for referral to JS from Judicial System

Figure 4.1, shows the percentages of learners with EBD who were referred by the Kenyan Juvenile Justice System to JS: Those with major offences were least (1%), while those in need of care and protection followed and those with minor offences were highest in population at 55%. This finding shows that children with minor behavioural problems had been referred to JS for behaviour change at highest percentage. A preserve for complex behavioural problems but in this instance, only 1% was referred to JS for behaviour change. Thus, an error in referral cases was observed.  This finding concurs with the work of Diversion work group(2018),on Development of a School-Based Diversion System in Connecticut. It was a study aimed at finding ways in which needs for learners with behavioural related problems in schools and coupled with high rates of arrests could be minimized. The study found out that about 20% juvenilecourt referrals were for in-school incidents and forrelatively minor and non-violent offenses.  Also, ina study on keeping youth in school and out of the justice system in the United States of America, an analysis of the 2013-2014 school discipline data collected from about 8,000 public schools, Farn (2018), observes that there were unnecessary referrals to law enforcement agencies causing unnecessary interactions between youth and criminal justice systems. Farn (2018), further elaborates that minor behavioural issues ought to be addressed by the school system rather than the criminal justice system.

UNICEF Kenya (2014), in a study on situation analysis of children and adolescents in Kenya, recommends that criminal justice system should be a preserve of complex issues appertaining to children and not minor misbehaviours which educationists and schools can easily manage. From qualitative data, failure on parenting especially on the cases of children in need of care and protection was observed for the learners with EBD in the selected JS. A finding in agreement with Ndirangu (2010), in a study on educational outcomes of reintegrated child offenders in Othaya Rehabilitation School in Nyeri County that as a result of negative nurture, children are likely to find themselves in criminal justice system.

Referral from School System

Figure 4.2 shows the school system referral to JS.

Figure 4.2. Reasons for referral to JS from School System

Figure 4.2, in the JS shows that there were no referrals from schools. It is significant to note that 94 % of learners with EBD were arrested by law enforcement agencies from the streets, 4% from home and 2% from school. This shows that there is challenge in the school system. As observed by the Ministry of Education (2009),despite existence of Educational and Resource Centres (EARC) in the Country since 1984, a battery of challenges including multidisciplinary approach, training of special needs teachers and mis-diagnosis majorly exist. Kilekamajenga(2018), in his study onreferral mechanisms for restorative justice in Tanzania, observed that failure by teachers to identify learners with EBD early enough and probably to refer them if need be, is a major setback of referrals from schools. The zero referral from school in Kenya is worrying despite global trends observed by Office of the Attorney General of USA (2018), where school is a key referral agent of learners with EBD especially in preventing future disruptions or violence. In addition, Wruble (2016),in a study on school based referrals to the juvenile courts, prevalence and characteristics in the United States of America, found that schools are yet to embrace referral mechanism. A finding which is in harmony with this study on school referrals. The reasons for the failure of school referrals is perhaps due to disconnect between JS, regular and special schools.

Thus, from the above findings, it is clear to note that, judicial system referral majorly exists at the expense of school referral as regards to learners with EBD.

Referral avenues for learners with EBD to Juvenile Schools in Kenya.

The study established that in selected Juvenile schools (JS) in Kenya, two referral patterns existed. That is, judicial and School systems.

Referral from juvenile justice system took precedence with reasons for referral being major offences/violations, in need of care and protection and minor offences. An observation which implies that relatively minor offences were referred to JS instead of being dealt with in regular schools or special units within regular schools for inclusion. In fact, only major offences require referral to JS. Unnecessary referrals to law enforcement agencies cause unnecessary interactions between youth and criminal justice systems at early onset of behavioural problems. Which should have been managed by the regular schooling rather than confinement in JS. The minimal referral from school system in the selected JS in Kenya can be attributed to challenges associated with the absence of a multidisciplinary approach and training of regular and special needs teachers in assessment techniques. Also a link between JS, special schools and regular schools was weak, hence there was lapse in early identification and intervention of behavioural problems to learners with EBD. Prior to admission in JS, learners had to violate other people’s rights (mainly acting out) to serve as an identification. Such acting out, usually happens when the misbehaviour is at an advanced stage. As a result, positive behaviour change becomes more challenging/complex. This situation could have been averted if schools (regular and special) took an active role for early identification, intervention and making referrals (for example, to JS). The school is a key referral agent for learners with EBD in preventing future disruptions or violence. This was lacking as evidenced by this study finding.

So, judicial referral system majorly exists at the expense of school referral system.

CONCLUSION

The following conclusions were made:

1. Referral of learners with EBD to Juvenile Schools in Kenya takes place on two broad patterns namely; judicial and School systems.
2. Referral from juvenile justice System was majorly practiced as opposed to recommendations from school systems referral.
3. There wereunnecessary referrals to law enforcement agencies (link to juvenile justice system) as regards to minor/mild misbehaviours.

RECOMMENDATION

Based on the study findings, a recommendation that the Ministry of Education and that of labour and social protection to jointly develop a policy guideline, to guide operations in Juvenile schools (JS) in terms of referral services to and from JS was made.

REFERENCES

1. Das, A & Shah, R. (2014). Special Education today in India. Special Education International Perspectives: Practices across the Globe Advances in Special Education.
2. Diversion work group. (2018). Development of a School-Based Diversion System in Connecticut. Connecticut: Juvenile Justice Policy and Oversight Committee
3. Farn, A. (2018). Keeping youth in school and out of the justice system: Promising practices and approaches. Washington, DC: Center for Juvenile Justice Reform, Georgetown University McCourt School of Public Policy Retrieved from http://cjjr.georgetown.edu/wpcontent/uploads/2018/05/CP-Series-Bulletin_School-Justice-May-2018.pdf
4. Faruqee, M., Ryan, L. & Ward, L. (2018). Youth first Initiative. Retrieved from http://www.youthfirstinitiative.org/thefacts/
5. Higuchi,S., Kitamura, S., Mishima, K., Okada, M., Otaga,M., Tachimori, H. &Tsutsui,T. (2018). Association of sleep with emotional and behavioral problems among abused children and adolescents admitted to residential care facilities in Japan. Retrieved from https://doi.org/10.1371/journal.pone.0198123
6. Kawano, K. (2016). Bullying in Japanese Schools. GPlus media Inc. Kilekamajenga, N., (2018). Referral mechanisms for restorative justice in Tanzania.Retrieved From http://dx.doi.org/10.17159/2413-3108/2018/v0n63a4368T
7. Ministry of Education. (2009). The national special needs education policy framework. Republic of Kenya, Government Press.
8. Ministry of Gender, Labour & Social Development & UNICEF Uganda. (2015). Situationanalysis of Children in uganda. UNICEF: Uganda.
9. National Council for Children’s Services. (2015). National Plan of Action for Children in Kenya.Republic of Kenya, Government Press.
10. National special needs education policy framework (2009). Ministry of Education. Kenya. Retrieved from http://www.unesco.org/education/edurights/media/docs/446808882707702aafc616d3a2cec918bfc186fc.pdf
11. Ndirangu, J., M. (2010). Educational outcomes of reintegrated child offenders in OthayaRehabilitation School, Nyeri County.  Unpublished M.Ed. Thesis, Nairobi, Kenya: Kenyatta University. Retrieved from https://irlibrary.ku.ac.ke/bitstream/handle/123456789/636/Ndirangu,%20Joseph%20Mucemi.pdf;sequence=3
12. Ngundo, L., W. (2013). Effects of armed ethnic conflict on education of children and the implication for peace education, a case study of Nakuru County, Kenya. Retrieved from: https://ir-library.ku.ac.ke/handle/123456789/9076?show=full
13. UNICEF Kenya (2014). Situation Analysis of Children and Adolescents in Kenya. UNICEF; Kenya, Nairobi.
14. U.S. Department of Justice’s Office of Juvenile Justice & Delinquency Prevention (2013).  Census of Juveniles in Residential Placement. Retrieved from http://www.ojjdp.gov/ojstatbb/ezacjrp/
15. Wruble, C. (2016). School-based referrals to the juvenile courts: prevalence and characteristicsin several states. Retrieved from https://www.semanticscholar.org/paper/School-Based-Referrals-to-the-Juvenile-Courts%3A-and ruble/d5a084e9a4fc63796171fe4a38049b4723058990