R277-709-3. Student Evaluation, Education Plans, and LEA Programs

  (1) Each student meeting the eligibility definition of youth in custody shall have a written plan for college and career readiness defining the student's academic achievement, which shall specify known in-school and extra-school factors which may affect the student's school performance.

  (2) A student, school staff and parent/guardian shall annually review the student's plan for college and career readiness maintained in the student's file.

  (3) A program receiving a youth in custody student is responsible for obtaining the student's evaluation records, and, in cases where the records are not current, for conducting the evaluation, which may include a special education eligibility evaluation, as quickly as possible so that unnecessary delay in developing a student's education program is avoided.

  (4) The LEA in which a youth in custody program is located has the responsibility to conduct IDEA child find activities within the program, consistent with Section R277-750-2 and Utah State Board of Education Special Education Rule II.A.

  (5)(a) A youth in custody program shall prepare an appropriate plan for college and career readiness and, as needed, an Individualized Education Program for each eligible youth in custody based upon the results of the student evaluation.

  (b) A youth in custody program shall review and update the plans required under Subsection (5)(a) at least once each year or immediately following transfer of a student from one custody program to another, whichever is sooner.

  (c) A youth in custody program shall develop the plans required under Subsection (5)(a) in cooperation with appropriate representatives of other service agencies working with a student, such as JJS, DCFS, DWS, etc.

  (d) The plans required under Subsection (5)(a) shall specify the responsibilities of each of the agencies towards the student and shall be signed by each agency's representative.

  (6)(a) All provisions of the IDEA and state special education rules apply to youth in custody programs.

  (b) The USBE Special Education Department shall include youth in custody programs in annual general supervision monitoring.

  (7)(a) An LEA shall provide an education program for the student which conforms as closely as possible to the student's education plan.

  (b) An LEA shall provide educational services in the least restrictive environment appropriate for the student's behavior and educational performance.

  (8) An LEA shall consider youth in custody who do not require educational services or supervision beyond students not in custody to be part of the district's regular enrollment and provided education services.

  (9) An LEA shall only assign or allow youth in custody to remain in restrictive or mainstream programs if:

  (a) their custodial status;

  (b) past behavior that does not put others at risk; or

  (c) the inappropriate behavior of other students.

  (10)(a) Education programs to which youth in custody are assigned shall meet the standards which are adopted by the Board for that type program.

  (b) The Superintendent shall monitor compliance in annual review visits.

  (11) An LEA shall accept credit earned in youth in custody programs that are accredited at face value in Utah's public schools consistent with Section R277-410-9, Transfer or Acceptance of Credit.

  (12) A youth in custody program shall coordinate educational services with non-custody programs to enable youth in custody to continue their education following discharge from custody.

  (13)(a) A youth in custody program shall admit youth in custody to classes within five school days following arrival at a new residential placement.

  (b) If a youth in custody program cannot complete an evaluation and plan for college and career readiness or IEP development within five school days, the program shall enroll the student temporarily based upon the best information available.

  (c) A temporary schedule may be modified to meet the student's needs after the evaluation and planning process is complete.

  (14)(a) Following a student's release from custody or transfer to a new program, the sending program shall bring all available school records up to date and forward them to the receiving program consistent with Section 53G-6-604.

  (b) An LEA shall maintain all grades, attendance records and special education SCRAM records in the LEA's SIS system in compliance with Rule R277-484, Data Standards.