2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 3 - State Board of Education Organization, Powers, and Duties › Part 5 - Miscellaneous Duties › Section 503 - Education of individuals in custody of or receiving services from certain state agencies -- Establishment of coordinating council -- Advisory councils.

Affected by 63I-1-253 on 7/1/2027
Effective 5/3/2023
53E-3-503.
Education of individuals in custody of or receiving services from certain state agencies -- Establishment of coordinating council -- Advisory councils.
(1)
(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 Chapter 7, Part 2, Special Education Program; 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
(C) being held in a juvenile detention facility.
(b) The state board shall:
(i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to provide for the distribution of funds for the education of individuals described in Subsection (1)(a); and
(ii) 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.
Amended by Chapter 328, 2023 General Session