RALEIGH, N.C. – On April 24, the North Carolina Department of Public Instruction (DPI) found that students with disabilities at the Durham County Youth Home (DCYH) were not provided educational services required by federal and state law during a facility-wide lockdown in 2025. During the lockdown, teachers from Durham Public Schools (DPS), which contracts with DCYH to provide educational services, were denied access.
DCYH houses young people in detention while their cases are pending in juvenile court, including many with disabilities. Under the law, incarcerated youth with disabilities who previously received services through an Individualized Education Program — a tailored educational plan for students with disabilities — are entitled to a free appropriate public education while detained.
On December 12, 2025, the American Civil Liberties Union of North Carolina and the Duke Children’s Law Clinic filed a systemic complaint alleging that DPS and DCYH denied disabled youth required educational services. After DPI initially denied the complaint in January 2026, the ACLU-NC and the Children’s Law Clinic refiled with additional evidence, prompting DPI to open an investigation.
In its investigation report, DPI concluded that DPS did not provide required educational services to youth with disabilities during a facility-wide lockdown from February to March 2025. During this period, youth were reportedly confined to their housing units for extended periods, and educational services were restricted. DPS requested access to the facility to provide instruction, but DCYH staff denied the request since teachers are not typically allowed in housing units. Requests to provide virtual instruction and instructional packets were also denied.
DPI ordered corrective actions based on these findings. By May 15, 2026, DPI will work with DPS and DCYH to develop procedures addressing how educational services will be maintained during lockdowns or similar disruptions. These procedures will outline when services may be limited, how they will be delivered under restricted conditions, how missed services will be made up, and how disruptions and service gaps will be documented.
DPS must also ensure that relevant staff are trained in the new procedures. Documentation of the training, including attendance records and distribution of materials, must be submitted to DPI by June 1, 2026.
“We welcome DPI’s decision to implement new policies protecting students with disabilities from practices their investigation found to be unlawful,” said Michele Delgado, Staff Attorney at the ACLU of North Carolina. “Our persistence in pursuing this complaint, especially after its initial denial, underscores the need for continued advocacy to ensure marginalized young people are not overlooked and that their rights are protected.”
“Children should not bear the consequences of systemic failures,” said Peggy Nicholson, Supervising Attorney at the Duke Children’s Law Clinic. “The Youth Home is entrusted with caring for these children and ensuring their access to required services, including special education. We hope DPI’s corrective action leads to stronger coordination and oversight that ensures all future students with disabilities receive the educational services they need and are legally entitled to receive.”
Read the complaint investigation report below.
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