As in effect on August 1, 2008
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. "USOE" means the Utah State Office of Education.
D. "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.
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.
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 Youth in Custody Programs
(1) The school district 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, 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.
A(1) the Board shall contract with school districts to provide educational services for youth in custody. The respective responsibilities of the Board, the school district, and other local service providers for education shall be established in the contract. A school district 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 only if the Board determines that the school district is unable to provided adequate education services.
B. Youth in custody receiving education services by or through a school district are students of that district.
C. State funds appropriated for youth in custody are allocated on the basis of annual applications made by school districts.
D. The share of funds distributed to a district 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's needs;
(3) youth in custody data collection at the school district 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 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.
A. Transcripts and diplomas prepared for youth in custody shall be issued in the name of an existing district or school 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.
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.
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 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;
(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) State Division of Child and Family Services;
(9) Regional Division of Child and Family Services;
(10) Utah State Office of Education.
(11) Utah school districts Youth in Custody directors;
(12) district juvenile courts;
(13) community-based private providers;
(14) foster parents;
(15) a Native American tribe.
A. Each school district 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, the following:
(1) a representative of the Division of Child and Family Services;
(2) a representative of the Division of Youth Corrections;
(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.
B. The council shall adopt by-laws for its operation.
C. Local interagency advisory councils shall meet at least quarterly.
students, education, juvenile courts
May 16, 2006
January 8, 2008
Art X Sec 3; 53A-1-403(1); 53A-1-401(3)
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