Utah Department of Administrative Services Division of Administrative Rules

File No. 34429

This rule was published in the March 1, 2011, issue (Vol. 2011, No. 5) of the Utah State Bulletin.


Education, Administration

Rule R277-709

Education Programs Serving Youth in Custody

Notice of Proposed Rule

(Amendment)

DAR File No.: 34429
Filed: 02/14/2011 08:31:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide for changes to the composition of the Coordinating Council for Youth in Custody as recommended in a performance audit conducted by the Utah State Board of Education and the Utah Coordinating Council for Youth in Custody. The changes also reflect accurate titles of existing divisions. The changes will ensure greater compliance with existing statutory language, Section 53A-1-403.

Summary of the rule or change:

The amendments include updating Section R277-709-6, Coordinating Council, and Section R277-709-7, Advisory Councils, to reflect recommended changes to composition and titles, and making minor terminology changes throughout the rule.

State statutory or constitutional authorization for this rule:

  • 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 amendments only provide recommended changes to the composition and titles of the Coordinating Council and Advisory Council which do not result in any costs or savings to the state.

local governments:

There are no anticipated costs or savings to local government. The amendments only provide recommended changes to the composition and titles of the Coordinating Council and Advisory Council which do not result in any costs or savings to school districts or schools.

small businesses:

There are no anticipated costs or changes to small businesses. The amendments only provide recommended changes to the composition and titles of the Coordinating Council and Advisory Council which do not result in any costs or savings to small businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The amendments only provide recommended changes to the composition and titles of the Coordinating Council and Advisory Council which do not result in any costs or savings.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The amendments only provide recommended changes to the composition and titles of the Coordinating Council and Advisory Council which do not result in any costs or savings.

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.

Larry K. Shumway, State Superintendent

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:

03/31/2011

This rule may become effective on:

04/07/2011

Authorized by:

Carol Lear, Director, School Law and Legislation

RULE TEXT

R277. Education, Administration.

R277-709. Education Programs Serving Youth in Custody.

R277-709-1. Definitions.

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

B. "Custody" means the status of being legally subject to the control of another person or a public agency.

C. "LEA" means local education agency, including local school boards/ public school districts and schools, and charter schools.

[C]D. "USOE" means the Utah State Office of Education.

[D]E. "Youth in Custody" means a person defined under Section 53A-1-403(1) who does not have a high school diploma or a GED certificate.

 

R277-709-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-403(1) which makes the Board directly responsible for the education of youth in custody, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify operation standards, procedures, and distribution of funds for youth in custody programs.

 

R277-709-3. Student Evaluation, Education Plans, and [School District]LEAPrograms.

A. Each student meeting the definition of youth in custody shall be evaluated at least every three years to determine the level and scope of the student's educational performance and the student's learning abilities. The evaluation shall include vision and auditory tests and shall specify known in-school and extra-school factors which may affect the student's school performance. The program receiving the student is responsible for obtaining the student's evaluation records, and, in cases where the records are not current, for conducting the evaluation as quickly as possible so that unnecessary delay in developing a student's education program is avoided.

B. Based upon the results of the student evaluation, an appropriate student education plan shall be prepared for each youth in custody. The plan shall be reviewed and updated at least once each year or immediately following transfer of a student from one program to another, whichever is sooner. The plan is developed in cooperation with appropriate representatives of other service agencies working with a student. The plan shall specify the responsibilities of each of the agencies towards the student and is signed by each agency's representative.

C. [School district]LEA Youth in Custody Programs

(1) The [school district]LEA shall provide an education program for the student which conforms as closely as possible to the student's education plan. Educational services shall be provided in the least restrictive environment appropriate for the student's behavior and educational performance. Youth in custody who do not require special services or supervision beyond that which would be available to them were they not in custody shall be considered part of the district's regular enrollment and treated accordingly.

(2) Youth in custody shall not be assigned to, or remain in, restrictive or non-mainstream programs simply because of their custodial status, [their] past behavior that does not put others at risk, or the inappropriate behavior of other students.

(3) Education programs to which youth in custody are assigned shall meet the standards which are adopted by the Board for that type program. Compliance shall be monitored by the Utah State Office of Education in periodic review visits.

(4) Credit earned in youth in custody programs that are accredited shall be accepted at face value in Utah's public schools.

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

D. Youth in custody shall be admitted to classes within five school days following arrival at a new residential placement. If evaluation and student education plan development are delayed beyond that period, the student shall be enrolled temporarily based upon the best information available. The temporary schedule may be modified to meet the student's needs after the evaluation and planning process has been completed.

E. When a student is released from custody or transferred to a new program, the sending program shall bring all available school records up to date and forward them to the receiving program within one week following notification of release or transfer.

 

R277-709-4. Operation Procedures.

A(1) the Board shall contract with [school districts]LEAs to provide educational services for youth in custody. The respective responsibilities of the Board, [the school district]LEAs, and other local service providers for education shall be established in the contract. A n [school district]LEA may subcontract with local non-district educational service providers for the provision of educational services;

(2) the Board may contract with entities other than [school districts]LEAs only if the Board determines that the [school district]LEA is unable to provide[d] adequate education services.

B. Youth in custody receiving education services by or through a n [school district]LEA are students of that [district]LEA.

C. State funds appropriated for youth in custody are allocated on the basis of annual applications made by [school districts]LEAs.

D. The share of funds distributed to a n [district]LEA is based upon criteria which include the number of youth in custody served in the district, the type of program required for the youth, the setting for providing services, and the length of the program.

E. Funds approved for youth in custody projects may be expended solely for the purposes described in the respective funding application. Unexpended funds may not be carried over from one fiscal year to the next, except following specific approval of the Board or a designee.

F. The USOE may retain no more than five percent of the annual youth in custody appropriation for program administration. No more than one percent of the appropriation may be directed to the following specific purposes and services:

(1) educator professional development;

(2) electronic educational services specific to a student's or [school]LEA's needs;

(3) youth in custody data collection at the [school district]LEA and state level;

(4) site visits to youth in custody schools by youth in custody personnel; and

(5) program evaluation at the state level.

G. Four percent of administrative funds allowed under R277-709-4F may be withheld by the USOE to be directed to students attending youth in custody programs for short periods of time or to new or beginning youth in custody programs.

H. Federal funds are available under the Elementary and Secondary Education Act, 34 C.F.R., Chapter II, Part 200, Title I, Subpart D, for the education of youth who are neglected, delinquent, or at risk of dropping out.

I. The youth in custody program is separate from and not conducted under the state's education program for students with disabilities. Custodial status alone does not qualify a student as a student with a disability under laws regulating education for students with disabilities.

J. The Board, or its designee, shall adopt uniform pupil and fiscal accounting procedures, forms, and deadlines for the youth in custody program.

K. Education staff assigned to youth in custody shall be qualified and appropriate for their assignments. The teaching license and endorsement held by a teacher shall be important in evaluating the appropriateness of a teacher's assignment but not controlling. Elementary teachers may teach secondary-age students who are functioning at an elementary level in the subjects in question. Teachers shall not be required to hold special education licenses, although such licenses are encouraged.

 

R277-709-5. Confidentiality.

A. Transcripts and diplomas prepared for youth in custody shall be issued in the name of an existing [district or school]LEA which also serves non-custodial youth and shall not bear references to custodial status.

B. School records which refer to custodial status, juvenile court records, and related matters shall be kept separate from permanent school records, but are nonetheless student records if retained by the [school/district]LEA.

C. Members of the interagency team which design and oversee student education plans shall have access, through team member representatives of the participating agencies, to relevant records of the various agencies. The records and information obtained from the records remain 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.

D. All information maintained in permanent form on a student from whatever source derived or received, is a student record under the Family Educational Rights and Privacy Act, 34 C.F.R., Part 99.

 

R277-709-6. Coordinating Council.

A. The Department of Human Services and the Board shall appoint a coordinating council to plan, coordinate, and recommend budget, policy, and program guidelines for the education and treatment of persons in the custody of the Division of [Youth Corrections]Juvenile Justice Services and the Division of Child and Family Services. The Council shall operate under the guidelines developed and approved by the Department of Human Services and the Board.

B. Council membership shall include a representative of the following:

(1) [Office of Licensing under] Department of Human Services;

(2) [State] Division of [Youth Corrections]Juvenile Justice Services;

[ (3) multipurpose facilities under Division of Youth Corrections;

(4) urban detention facilities under Division of Youth Corrections;

(5) observation/diagnostic facilities under Division of Youth Corrections;

(6) long term secure facilities under Division of Youth Corrections;

(7) case management under Division of Youth Corrections;

] ([8]3) [State] Division of Child and Family Services;

[ (9) Regional Division of Child and Family Services;

] ([10]4) Utah State Office of Education.

([11]5) [Utah school districts Youth in Custody directors]LEAs;

([12]6) [district] juvenile courts;

([13]7) community-based private providers;

([14]8) foster parents;

([15]9) a Native American tribe ; and

(10) Guardian ad Litem's Office.

 

R277-709-7. Advisory Councils.

A. Each [school district]LEA serving youth in custody shall establish a local interagency advisory council which shall be responsible for advising member agencies concerning coordination of youth in custody programs. Members of the council shall include, if applicable to the [district]LEA, the following:

(1) a representative of the Division of Child and Family Services;

(2) a representative of the Division of [Youth Corrections]Juvenile Justice Services;

(3) directors of agencies located in a district such as detention centers, secure lockup facilities and observation and assessment units;

(4) a representative of community-based alternative programs for custodial juveniles[such as Heritage Group Home and Odyssey House]; and

(5) a representative of the [school district]LEA.

B. The council shall adopt by-laws for its operation.

C. Local interagency advisory councils shall meet at least quarterly.

 

KEY: students, education, juvenile courts

Date of Enactment or Last Substantive Amendment: [May 16, 2006]2011

Notice of Continuation: January 8, 2008

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-403(1); 53A-1-401(3)

 


Additional Information

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For questions regarding the content or application of this rule, please contact 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.