2014 Kentucky Revised Statutes CHAPTER 15A - JUSTICE AND PUBLIC SAFETY CABINET 15A.067 Division of Program Services -- Access to educational records -- Screening and education of incarcerated youth -- Information on educational status and need.
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15A.067 Division of Program Services -- Access to educational records -Screening and education of incarcerated youth -- Information on
educational status and need.
(1)
(2)
As used in this section, "facility" means any of the facilities specified in KRS
15A.200 operated by a political subdivision of the Commonwealth of Kentucky
and juvenile detention facilities operated by the Commonwealth of Kentucky for
the care of juveniles alleged to be delinquent or adjudicated delinquent.
(a) There is established within the department a Division of Program
Services that shall be responsible for ensuring the delivery of appropriate
educational programs to incarcerated youth. Each facility shall provide
educational services to youth ordered by the court to remain in the
juvenile detention facility.
(b) Any other statutes to the contrary notwithstanding, the department shall
have access to all educational records, public or private, of any juvenile in
a facility or program or informal adjustment authorized by law.
(c) The Division of Program Services shall ensure that all incarcerated youth
be provided appropriate screening and educational programs as follows:
1.
For students identified before incarceration as having an
educational disability, the Division of Program Services shall make
specially designed instruction and related services available as
required by Kentucky Board of Education administrative regulations
applicable to students with disabilities.
2.
For students incarcerated for more than fourteen (14) days, the
division shall ensure that appropriate screening is provided to all
youth. Screening shall include but not be limited to seeking the
juvenile's educational record.
3.
For students incarcerated for more than thirty (30) days, the division
shall ensure that all youth are provided an appropriate education.
(d) The department shall be responsible for providing, in its contracts with
non-state-operated juvenile detention facilities, the specific obligations of
those entities to provide educational services to incarcerated juveniles
consistent with this section, including funding provisions.
(e) The Department of Education and all local school district administrators
shall cooperate with officials responsible for the operation of juvenile
detention facilities and with the Division of Program Services to ensure
that all documents necessary to establish educational status and need
shall follow the students who are being held in these facilities so the
students can be afforded educational opportunities.
(f) 1.
Upon disposition by the juvenile court that an adjudicated juvenile
shall stay in a juvenile detention facility for any period of time, the
facility shall notify the juvenile's last resident school district of the
student's whereabouts.
2.
Within five (5) days after the juvenile is released, the Division of
Program Services shall notify the district in which the student will
reside of the youth's release and educational status and forward any
educational records.
(g)
The department shall, after consultation with the Department of
Education, promulgate an administrative regulation for the effective
implementation of this section.
Effective:July 15, 2014
History: Amended 2014 Ky. Acts ch. 132, sec. 7, effective July 15, 2014. -Amended 2002 Ky. Acts ch. 257, sec. 1, effective July 15, 2002. -- Amended
2001 Ky. Acts ch. 64, sec. 2, effective June 21, 2001. -- Amended 2000 Ky. Acts
ch. 8, sec. 1, effective July 14, 2000; and ch. 534, sec. 3, effective July 14,
2000. -- Amended 1998 Ky. Acts ch. 606, sec. 3, effective July 15, 1998. -Created 1996 Ky. Acts ch. 358, sec. 64, effective July 15, 1996; and ch. 362,
sec. 6, effective July 15, 1996.
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