R277-709-5. Youth in Custody Programs and Students with Disabilities

  (1) The youth in custody program is separate from and not conducted under the state's education program for students with disabilities.

  (2) Custodial status alone does not qualify a youth in custody student as a student with a disability under laws regulating education for students with disabilities.

  (3) Youth in custody students may be eligible for special education funding and services based upon special education rules and regulations.

  (4) Youth in custody students qualifying for special education services shall receive educational instruction as defined in Rule R277-750, Education Programs for Students with Disabilities.

  (5) Special education procedural safeguards shall apply to all IDEA eligible youth in custody students regardless of instructional location.

  (6) The Superintendent shall monitor special education programs provided through youth in custody programs on an annual basis in accordance with special education rules and policies.