Utah Code 53E-3-503. Education of individuals in custody of or receiving services from certain state agencies — Establishment of coordinating council — Advisory councils
53E-3-503. Education of individuals in custody of or receiving services from certain state agencies — Establishment of coordinating council — Advisory councils.
(1)
Terms Used In Utah Code 53E-3-503
Contract: A legal written agreement that becomes binding when signed.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)
The state board is directly responsible for the education of all individuals who are:
(i)
(A)
younger than 21 years old; or
(B)
eligible for special education services as described in 2; and
(ii)
(A)
receiving services from the Department of Health and Human Services;
(B)
in the custody of an equivalent agency of a Native American tribe recognized by the United States Bureau of Indian Affairs and whose custodial parent resides within the state; or
expend funds appropriated for the education of youth in custody in the following order of priority:
(A)
for students in a facility described in Subsection (1)(a)(ii) who are not included in an LEA‘s average daily membership; and
(B)
for students in a facility described in Subsection (1)(a)(ii) who are included in an LEA’s average daily membership and who may benefit from additional educational support services.
(c)
Subject to future budget constraints, the amount appropriated for the education of youth in custody under this section shall increase annually based on the following:
(i)
the percentage of enrollment growth of students in kindergarten through grade 12; and
(ii)
changes to the value of the weighted pupil unit as defined in Section 53F-4-301.
(2)
Subsection (1)(a)(ii)(B) does not apply to an individual taken into custody for the primary purpose of obtaining access to education programs provided for youth in custody.
(3)
The state board shall, where feasible, contract with school districts or other appropriate agencies to provide educational, administrative, and supportive services, but the state board shall retain responsibility for the programs.
(4)
The Legislature shall establish and maintain separate education budget categories for youth in custody or who are under the jurisdiction of the following state agencies:
(a)
detention centers and the Divisions of Juvenile Justice and Youth Services and Child and Family Services;
(b)
the Office of Substance Use and Mental Health; and
(c)
the Division of Services for People with Disabilities.
(5)
(a)
The Department of Health and Human Services and the state 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 Juvenile Justice and Youth Services and the Division of Child and Family Services.
(b)
The Department of Health and Human Services and the state board may appoint similar councils for those in the custody of the Office of Substance Use and Mental Health or the Division of Services for People with Disabilities.
(6)
A school district contracting to provide services under Subsection (3) shall establish an advisory council to plan, coordinate, and review education and treatment programs for individuals held in custody in the district.
