§ 6-20-104 — Reimbursement for educational services provided in juvenile detention facilities - Definition

(a) (1) As used in this section, "juvenile detention facility" means any facility operated by a political subdivision of the state for the temporary care of juveniles alleged to be delinquent, or adjudicated delinquent, who require secure custody in a physically restricting facility. (2) Under § 9-27-330(a)(11) , such juvenile detention facility must provide educational and other rehabilitative services to adjudicated delinquents who may be ordered by the court to remain in the juvenile detention facility for an indeterminate period not to exceed ninety (90) days. (b) (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 resident school district of his or her whereabouts and within five (5) days after the juvenile is released shall certify the detention dates to the district. (2) The school district where the facility is located and the juvenile detention facility shall jointly complete an application for funding to be based on the approved student capacity of the facility and shall submit the application to the Division of Elementary and Secondary Education. (3) If the amount of state funds due cannot be agreed upon by the juvenile detention facility and the school district where the facility is located, an appeal shall be made to the division. All decisions rendered shall be final. (c) The division shall issue rules for the effective implementation of this section, including: (1) The classification of juvenile detention centers as approved residential treatment facilities; (2) The designation of the juvenile detention facility and the district where the juvenile detention facility is located as responsible for educating the student consistent with federal and state laws for any period of time the student is being held in the facility; and (3) The designation of the resident district of a student who is being held in a juvenile detention facility as responsible for the timely transfer of a student's educational records to the district where the juvenile detention facility is located upon notification by the court of the student's placement in a juvenile detention facility. (d) The funds appropriated to the division for juvenile detention facilities shall be allocated in accordance with rules promulgated by the State Board of Education.

Legislative History

Amended by Act 2023, No. 572,§ 12, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 271, eff. 7/24/2019. Acts 1995, No. 667, §§ 1-4; 1999, No. 1318, § 2.