15A.067 Division of Program Services -- Access to educational records -- Screening
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/ky/15a-067A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
and education of incarcerated youth -- Information on educational status and
need.
(1)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.