DAR File No. 31837

Education, Administration

R277-735

Standards and Procedures for Corrections Education Programs Serving Inmates of the Utah Department of Corrections

NOTICE OF PROPOSED RULE

DAR File No.: 31837
Filed: 08/14/2008, 03:46
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to align state and federal laws and regulations.

Summary of the rule or change:

The amendments provide for updated definitions, program standards, fiscal procedures, pupil accounting, curriculum standards, and data management standards.

State statutory or constitutional authorization for this rule:

Section 53A-1-403.5 and Subsection 53A-1-401(3)

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes are primarily to update and align state and federal laws and regulations. Outdated practices are deleted and terminology is updated.

local governments:

There are no anticipated costs or savings to local government. The changes are primarily to update and align state and federal laws and regulation and funding continues to be provided for Corrections Education programs. Funding is provided at the state level to be carried out locally.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small businesses and persons other than businesses. The changes are primarily to update and align state and federal laws and regulations and state and federal funding continues to be provided for Corrections Education programs.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes are primarily to update and align state and federal laws and regulations and funding continues to be provided for Corrections Education programs.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/01/2008

This rule may become effective on:

10/08/2008

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-735. [Standards and Procedures for ]Corrections Education Programs[ Serving Inmates of the Utah Department of Corrections].

R277-735-1. Definitions.

A. "Board" means the Utah State Board of Education.

B. "Inmate" means [a person]an offender who is [in the custody of the Utah Department of Corrections]incarcerated in state or county correctional facilities. Inmates may be housed in various locations throughout the state of Utah.

C. "Custody" means the status of being legally in the control of another adult person or a public agency.

[D. "Recidivism Reduction Service Program" means an inmate service program consisting of at least nine components (Inmate Assessment, Cognitive Problem Solving Skills, Basic Literacy Skills, Career Skills, Job Placement, Post-release Tracking and Support, Research and Evaluation, Family Involvement and Support, and Multi-agency Collaboration) collaboratively planned and implemented by a minimum of the following agencies: appropriate local boards of education, Department of Corrections, Department of Employment Security, Department of Human Services, Board of Pardons, State Office of Rehabilitation, State Board of Regents, and the Governor's Office.

E. "Individual Development Plan" means a comprehensive inmate service plan developed collaboratively by state service agencies.

F. "Individual Educational Plan" means a written individual inmate educational service plan which is a part of the Individual Development Plan.]D. "English for Speakers of Other Languages (ESOL)" is an instructional program provided for non-native language speakers.

E. "Teaching of English to Speakers of Other Languages (TESOL)" means a credential for teachers of ESOL.

[G]F. "USOE" means the Utah State Office of Education.

G. "UTopia" means Utah Online Performance Indicators for Adult Education statewide database.

 

R277-735-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and authority over public education in the Board, by Section 53A-1-403.5 which makes the Board directly responsible for the education of inmates in custody and Section 53A-1-401(3) which allows the Board and Board of Regents to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify operation standards and procedures for inmates in [custody]corrections education programs that are the responsibility of the public school system.

C. Corrections education programs shall be consistent with R277-733, Adult Education Programs.

 

[R277-735-3. Student Evaluation and Educational Plan.

A. Each student meeting the definition of an inmate in custody shall be evaluated upon initial entry into custody of the Department of Corrections and as needed thereafter for the purposes of determining needed services to meet requirements for a reduction in the inmate recidivism rate.

B. The institution receiving the student is responsible for obtaining the student's evaluation records, and, in cases where the records are not current, for conducting necessary evaluation as quickly as possible.

C. Based upon the results of the student evaluation, an appropriate individual development plan and individual educational plan shall be prepared for each inmate in custody.

(1) Each inmate educational plan shall be reviewed and made current at least once each year or immediately following transfer of a student from one institution to another whichever is sooner.

(2) The plans shall be developed in collaboration with representatives of other appropriate service agencies working with the respective students.

D. Selected student educational plans shall be part of a written inmate Recidivism Reduction Service Program.

(1) The Recidivism Reduction Service Program shall specify the responsibilities of each of the agencies towards the students.

(2) The Plan shall be signed by each agency's representative and the inmate.

E. Educational Programs

(1) The appropriate (or designated) educational agency shall provide an educational program for the student which conforms as closely as possible to the student's individual educational plan.

(2) Educational services shall be provided in the least restrictive environment appropriate for the student's behavior and educational performance.

(3) Educational programs to which inmates in custody are assigned shall meet the standards adopted by the Board for that type program.

(4) Compliance of service plans shall be monitored by the USOE in periodic review visits.

(5) Educational services shall be sufficiently coordinated with non-custody programs to enable inmates in custody to continue their education with minimal disruption following discharge from custody.

(6) Custodial status alone does not qualify a student as being disabled under laws regulating education or educational programs for persons with disabilities.

F. Admission into Educational Programs

Inmates in custody shall be admitted to classes within resources available within ten school days following arrival at a new residential placement.

G. When a student inmate is transferred to a new program, the sending program shall make all available school records current and forward them to the receiving program within one week following notification of release or transfer.

H. When a student inmate is released from custody, educational records shall only be available through standard signed release procedures.

]

R277-735-[4]3. Procedures for Providing Services.

A(1) The Board may contract with local school [districts]boards, state post-secondary educational institutions, other state agencies, or private providers of the local boards' choosing to provide educational services for inmates[ in custody].

(2) The respective responsibilities of the Board,[ the ] local school [districts]boards, and other service providers for education shall be established by letters of agreement or contracts.

(3) A district may sub-contract with local educational service providers for the provision of educational services to students.

(4) Educational services shall be provided in the appropriate environment for the student's behavior and educational performance.

(5) Educational programs to which inmates are assigned shall meet the standards adopted by the Board for that type of program.

(6) Educational programs shall be monitored by the USOE in periodic review visits.

(7) Educational services shall be sufficiently coordinated with non-custody programs to enable inmates in custody to continue their public school education with minimal disruption following discharge from custody.

(8) Custodial status alone does not qualify an individual for services under the Individuals with Disabilities Act (IDEA), 20 U.S.C. Sec. 1400 et seq., amended in 2004.

[B. Inmates receiving educational services by or through a school district become students of that district for funding purposes.]B. When a student inmate is transferred to a new program, the sending program shall update and finalize all school records in UTopia releasing the student's records as soon as possible after receiving notice of the transfer.

C. When a student inmate is released from custody, educational records shall only be available consistent with the Family Education Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g; 34 CFR Part 99.

[C]D. Funding

(1) Inmates receiving educational services by or though a school district become students of that school district for funding purposes.

([1]2) State funds appropriated to the USOE for [inmates in custody]corrections education shall be allocated to districts on the basis of annual applications.

([2]3) The funds distributed to a district shall be based upon criteria which include:

(a) the number of inmates in custody served in the district;

(b) the type of services provided to the inmates;

(c) the setting for providing services; and

(d) the length of the program[; and

(e) evidence of a reduced rate of inmate return to prison].

[D]E. Funds approved for [inmates in custody]corrections education projects can be expended only for the purposes described in the respective funding application.

[E]F. Unexpended funds may [not]only be carried over from one fiscal year to the next[, except by] with specific approval of the Board or its designee.[

F. Federal funds provided to the USOE for use by school districts under Title 1 of the Improving America's Schools Act of 1994, P.L. 103-382, Title I, Part D, Catalogue of Federal Domestic Assistance #84.013A, for the education of inmates in custody shall be allocated in accordance with Subsection R277-735-4C. These materials are available at the State Office of Education in the Deputy Superintendent's Office.]

G. The Board, or its designee, shall adopt uniform pupil and fiscal accounting procedures, forms, and deadlines for [inmates in custody]correctional education programs.

H. Program Staff

(1) Education staff assigned to provide education services [inmates in custody ]shall be qualified and appropriate for their assignments.

(2) [The teaching certificate and endorsement held by a staff member shall be important in evaluating the appropriateness of a teacher's assignment, but not controlling. For instance, elementary teachers may teach secondary age students who are functioning at an elementary level in certain subjects.]The teaching certificate and endorsement held by a staff member or a person assigned to teach in a prison or jail shall be important in evaluating the appropriateness of the teacher's assignment, but not controlling. For example, elementary teachers may teach secondary age students who are academically performing at an elementary level in certain subjects. Persons teaching an adult education high school completion course shall hold a valid Utah elementary or secondary education license and may issue adult education high school completion credits in multiple subjects. Non-licensed individuals providing instruction in ESOL, Adult Basic Education (ABE) or Adult High School Completion (AHSC) classes shall instruct under the supervision of a licensed program employee.

(3) Persons with a post-secondary degree in adult education but are not in possession of a Utah teaching certificate may be considered for employment solely in an adult education program teaching adult students following the completion of a student teaching field experience in an accredited adult education program.

(4) Persons with TESOL or ESOL credentials may be considered for employment solely in a adult education program teaching adult students following the completion of a student teaching experience in an accredited adult education program.

 

R277-735-4. Program, Curriculum, Outcomes and Student Mastery.

A. Adult education shall provide a program that allows students to transition between sites in a seamless manner.

B. Adult education students receiving education services in a state prison or jail education program may graduate with a school district adult education secondary diploma upon completion of the state required 24.0 units of credit required under R277-700 and satisfied through completed credits or demonstrated course competency consistent with students' SEOP career focus.

C. Graduation requirements may be changed or modified, or both, for adult students with documented disabilities through Individual Education Plans (IEPs) consistent with IDEA.

D. Modified graduation requirements for individual students shall:

(1) be consistent with the student's IEP or SEOP, or both;

(2) be maintained in the student's files;

(3) maintain the integrity and rigor expected for AHSC graduation.

 

R277-735-5. Confidentiality.

A. Transcripts and diplomas prepared for inmates in custody shall be issued in the name of the contracted educational agency which also provides service to non-custodial [inmates]offenders and shall not bear reference to custodial status.

B. School records which refer to custodial status, inmate court records, and related matters shall be kept separate from permanent school records and shall be destroyed or may be sealed upon order of a court of competent jurisdiction.

C. Access to Student Records

(1) Staff [which]who design and oversee individual student plans shall have access to all appropriate records relevant to the student's education.

(2) Information obtained from records remains the property of the supplying agency and shall not be transferred or shared with other persons or agencies without the permission of the supplying agency, consistent with Section [63-2-206]63G-2-206.

(3) Access to and provision of student records or transcripts shall be consistent with state and federal law.[

 

R277-735-6. Advisory Council.

Local educational agencies serving inmates in custody shall collaborate to establish a local interagency advisory council of all service groups which shall be responsible for the provision of services and programs to inmates in their service areas.]

 

KEY: public education, custody[*], inmates[*]

Date of Enactment or Last Substantive Amendment: [January 5, 1999]2008

Notice of Continuation: January 5, 2004

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-403.5; 53A-1-401(3)