KRS 15A.067: Division of Program Services -- Access to educational records -- Screening

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.

(2) (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 ju venile 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 div ision

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 incar cerated 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 wit h 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, af ter consultation with the Department of Education,

promulgate an administrative regulation for the effective implementation of

this section.