No. 28591 (Amendment): R277-709. Education Programs Serving Youth in Custody

DAR File No.: 28591
Filed: 03/31/2006, 02:11
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to provide the Utah Coordinating Council for Youth in Custody and the Utah State Office of Education the ability to reserve funds from Youth in Custody appropriations for statewide coordination of professional development, electronic educational services, data collection, site visits, and semi-annual comprehensive program review.

 

Summary of the rule or change:

The changes establish a limit of funds that may be used for program administration and establish the specific purposes of the administrative funds.

 

State statutory or constitutional authorization for this rule:

Subsection 53A-1-401(3)

 

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to state budget. No additional state funds will be appropriated for purposes of these amendments.

 

local governments:

School districts/schools may save costs for professional development, data collection, and electronic services that can now be funded from the amount reserved for administrative costs.

 

other persons:

There are no anticipated cost or savings to other persons. Youth in Custody employees or participants have no out-of-pocket expenses for the program.

 

Compliance costs for affected persons:

There are no compliance costs for affected persons. Youth in Custody employees or participants have no out-of-pocket expenses for the program.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses. Patti Harrington, State Superintendent of Public Instruction

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY UT 84111-3272

 

Direct questions regarding this rule to:

Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2006

 

This rule may become effective on:

05/16/2006

 

Authorized by:

Carol Lear, Director, School Law and Legislation

 

 

RULE TEXT

R277. Education, Administration.

R277-709. Education Programs Serving Youth in Custody.

R277-709-1. Definitions.

A. "Board" means the Utah State Board of Education.

[C]B. "Custody" means the status of being legally subject to the control of another person or a public agency.

C. "USOE" means the Utah State Office of Education.

[B]D. "Youth in Custody" means a person defined under Section 53A-1-403(1) who does not have a high school diploma or a GED certificate.

 

R277-709-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-403(1) which makes the Board directly responsible for the education of youth in custody, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify operation standards[ and], procedures, and distribution of funds for youth in custody programs.

 

R277-709-4. Operation Procedures.

A(1) the Board shall contract with school districts to provide educational services for youth in custody. The respective responsibilities of the Board, the school district, and other local service providers for education shall be established in the contract. A school district may subcontract with local non-district educational service providers for the provision of educational services;

(2) the Board may contract with entities other than school districts only if the Board determines that the school district is unable to provided adequate education services.

B. Youth in custody receiving education services by or through a school district are students of that district.

C. State funds appropriated for youth in custody are allocated on the basis of annual applications made by school districts.

D. The share of funds distributed to a district is based upon criteria which include the number of youth in custody served in the district, the type of program required for the youth, the setting for providing services, and the length of the program.

E. Funds approved for youth in custody projects may be expended solely for the purposes described in the respective funding application. Unexpended funds may not be carried over from one fiscal year to the next, except following specific approval of the Board or a designee.

F. The USOE may retain no more than five percent of the annual youth in custody appropriation for program administration. No more than one percent of the appropriation may be directed to the following specific purposes and services:

(1) educator professional development;

(2) electronic educational services specific to a student's or school's needs;

(3) youth in custody data collection at the school district and state level;

(4) site visits to youth in custody schools by youth in custody personnel; and

(5) program evaluation at the state level.

G. Four percent of administrative funds may be withheld by the USOE to be directed to students attending youth in custody programs for short periods of time or to new or beginning youth in custody programs.

[D]H. Federal funds are available under the Elementary and Secondary Education Act, 34 C.F.R., Chapter II, Part 200, Title I, Subpart D, for the education of youth who are neglected, delinquent, or at risk of dropping out.

[E]I. The youth in custody program is separate from and not conducted under the state's education program for students with disabilities. Custodial status alone does not qualify a student as a student with a disability under laws regulating education for students with disabilities.

[F]J. The Board, or its designee, shall adopt uniform pupil and fiscal accounting procedures, forms, and deadlines for the youth in custody program.

[G]K. Education staff assigned to youth in custody shall be qualified and appropriate for their assignments. The teaching license and endorsement held by a teacher shall be important in evaluating the appropriateness of a teacher's assignment but not controlling. Elementary teachers may teach secondary-age students who are functioning at an elementary level in the subjects in question. Teachers shall not be required to hold special education licenses, although such licenses are encouraged.

 

KEY: students, education, juvenile courts

Date of Enactment or Last Substantive Amendment: [June 5, 2001]2006

Notice of Continuation January 14, 2003

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-403(1); 53A-1-401(3)