53A-1-403 - Education of persons under 21 in custody of state agency -- Establishment of coordinating council -- Advisory councils.
53A-1-403. Education of persons under 21 in custody of state agency --Establishment of coordinating council -- Advisory councils.
(1) The State Board of Education is directly responsible for the education of all personsunder the age of 21 who are:
(a) in the custody of the Department of Human Services;
(b) in the custody of an equivalent agency of a Native American tribe recognized by theUnited States Bureau of Indian Affairs and whose custodial parent or legal guardian resideswithin the state; or
(c) being held in a juvenile detention facility.
(2) Subsection (1)(b) does not apply to persons taken into custody for the primarypurpose of obtaining access to education programs provided for youth in custody.
(3) The board shall, where feasible, contract with school districts or other appropriateagencies to provide educational, administrative, and supportive services, but the board shallretain responsibility for the programs.
(4) The Legislature shall establish and maintain separate education budget categories foryouth in custody who are under the jurisdiction of the following state agencies:
(a) detention centers and the Divisions of Juvenile Justice Services and Child andFamily Services;
(b) the Division of Substance Abuse and Mental Health; and
(c) the Division of Services for People with Disabilities.
(5) (a) The Department of Human Services and the State Board of Education shallappoint a coordinating council to plan, coordinate, and recommend budget, policy, and programguidelines for the education and treatment of persons in the custody of the Division of JuvenileJustice Services and the Division of Child and Family Services.
(b) The department and board may appoint similar councils for those in the custody ofthe Division of Substance Abuse and Mental Health or the Division of Services for People withDisabilities.
(6) A school district contracting to provide services under Subsection (3) shall establishan advisory council to plan, coordinate, and review education and treatment programs for personsheld in custody in the district.
Amended by Chapter 171, 2003 General Session