Local public defenders wary of new Rikers dyslexia screening bill
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Some local public defenders are wary of the Department of Corrections being in charge of the new program. Eagle photo by Jacob Kaye
By Ryan Schwach
A new bill that would require dyslexia screening of certain detainees in the city’s jails signed into law by Mayor Eric Adams last week is facing pushback from some local public defenders who are wary about the agency being given new responsibilities.
The bill, signed into city law last Wednesday, was sponsored by Public Advocate Jumaane Williams and now requires the Department of Corrections to screen individuals between 18 and 21 years old in custody who do not have a high school diploma or its equivalent for dyslexia.
According to data cited by the public advocate, one-third to around half of incarcerated people deal with dyslexia.
The bill also requires the DOC to provide “evidence-based intervention” and programming for people who are found to have dyslexia. The DOC will need to provide quarterly reports on what they find through the screenings, and the bill requires screenings to expand to the entire jail population by the end of 2025.
“Dyslexia is already under-discussed and likely under-diagnosed in our city, and evidence suggests that this problem is exponentially worse among incarcerated people,” Williams said at the bill signing. “By screening and servicing affected people, we can provide better support for incarcerated New Yorkers and help prevent them from re-entering the criminal legal system in the future, and for some of them, give them a first chance, not even a second.”
“Identifying and addressing dyslexia and literacy through trained educators will make them while incarcerated, more positive, and employment after incarceration more accessible,” he added.
Adams also celebrated the potential benefits of the bill before he marked it with his signature.
“Learning your learning disabilities anytime in life can allow you to place yourself on the right pathway,” he said. “If you get the help that you need, education is important. Learning Disabilities undiagnosed is a way to prevent a child or an adult from getting the proper education you need. If you don't educate you will incarcerate.”
Mayor Eric Adams signed a bill from Public Advocate Jumaane Williams that would establish dyslexia screening at city jails. Photo by Ed Reed/Mayoral Photography Unit
DOC Commissioner Louis Molina was also present at the bill signing.
“This important new law will help change the lives of justice-involved individuals through screening and connection to critical educational services,” he said in a statement. “By offering them the support they need for a better path forward, we will not only improve their future, we will also improve public safety across our city.”
DOC began offering the screenings – which they said is not a diagnostic screening and rather just to flag who is at risk – on Oct. 13. Persons in custody could opt out of the screening.
If someone is screened and found to be at-risk for dyslexia, they are referred to programs at the Department of Education’s East River Academy on Rikers Island.
While Williams and Adams joked that the bill was a rare moment of agreement between the pair on issues related to Rikers Island, some public defenders say the bill has issues. Although on its face, the heart of the bill is something local public defenders see as a positive.
“Obviously, in principle, broad based screening for dyslexia would be beneficial for the clients that we see,” said Gina Mitchell, the attorney-in-charge for Law Reform and Policy at Queens Defenders. “We have a juvenile practice at Queens Defenders, and many, if not the majority of the clients that we see would have an IEP or be in need of an IEP, whether that's dyslexia or for other reasons.”
However, public defenders say the Department of Correction’s track record for connecting Rikers Island detainees with medical services is already a concern.
Gina Mitchell, attorney-in-charge for Law Reform and Policy at Queens Defenders. Photo via Queens Defenders
In all, there were 16,446 missed medical appointments in August, an increase of over 4,000 compared to the month prior, recent data from the New York City comptroller’s office shows.
“We don't have a lot of confidence in DOC’s ability to conduct these screenings or even to coordinate them, and we can see potential, maybe confidentiality issues around that,” Mitchell said.
By keeping the services in house, Mitchell said that she also has concerns that the program will do little to make the city’s troubled jail complex where over two dozen people have died in the past two years more transparent.
“Ultimately, this really may be another attempt to keep external people out of Rikers, to keep programs and…eyes out of Rikers,” she said.
Those issues, as well as overall detainee care at Rikers, leads Mitchell to worry about the effectiveness of the legislation.
“Corrections are struggling to provide basic services at Rikers,” she said. “If they can't bring people to the clinic, how are they going to organize a broad based screening program for dyslexia?”
Williams, who led the bill co-sponsored by a handful of councilmembers, did acknowledge the state at Rikers, an issue often at the forefront of his agenda and his criticism of the Adams Administration.
“I think everyone here would agree that there's a lot of work that remains to be done at Rikers, and I know that this legislation is far from a panacea,” he said. “I do want us to recognize the reality that the foundation on which the system was built was not designed to truly support the needs or well being of people inside.”
However, the bill’s signing was a rare display of amicability between Williams and Adams, the former of which has been one the mayor’s most vocal critics.
During the bill signing, Williams remarked that he was “honored to be here with a group of folks who always agree on everything,” which received laughter from those in attendance.
The mayor also expressed pride in signing the bill, as someone who was diagnosed with dyslexia in his youth, and celebrated Williams for his accomplishments while dealing with Tourette’s Syndrome.
“Pushing through all of that and still coming out whole and fighting on behalf of those who are coming up through that same level of childhood mischief,” he said. “It's just really admirable and I really hold him to a high level of appreciation as a symbol to so many people.”
“You are leading from the front, and I appreciate that,” he added.
Williams’ office did not respond to requests for comment on Tuesday.
