(1)With respect to
education, a justice-engaged student has the right to:
(a)Provision of alternative solutions to a general education, including, but
not limited to, appropriate available alternate education programs;
(b)Prompt enrollment or re-enrollment with a local education provider, so
long as the student is eligible for enrollment, as determined by the local education
provider pursuant to section 22-33-104, no later than ten business days after the
first request to the local education provider and initial contact with the point-of-contact person for the local education provider. If the justice-engaged student is
being served through the federal Individuals with Disabilities Education Act, 20
U.S.C. sec. 1400 et seq., as amended, or section 504 of the federal Rehabilitati
Free access — add to your briefcase to read the full text and ask questions with AI
(1) With respect to
education, a justice-engaged student has the right to:
(a) Provision of alternative solutions to a general education, including, but
not limited to, appropriate available alternate education programs;
(b) Prompt enrollment or re-enrollment with a local education provider, so
long as the student is eligible for enrollment, as determined by the local education
provider pursuant to section 22-33-104, no later than ten business days after the
first request to the local education provider and initial contact with the point-of-contact person for the local education provider. If the justice-engaged student is
being served through the federal Individuals with Disabilities Education Act, 20
U.S.C. sec. 1400 et seq., as amended, or section 504 of the federal Rehabilitation
Act of 1973, 29 U.S.C. sec. 794, as amended, the federal time requirements remain
in effect for that student. The local education provider shall provide all justice-engaged students with a response within three business days after the justice-engaged student contacts the local education provider.
(c) Appropriate credit for coursework completed while justice-engaged and
for that coursework to be applied toward graduation or school continuation while
re-enrolled at a local education provider, according to rules promulgated by the
state board of education pursuant to this article 108;
(d) A plan for graduation developed in consultation with the justice-engaged
student, the student's family, caregiver, or advocate. The plan must consider all
prior coursework completed by the student. In developing the plan, the team shall
make every effort to account for all credits earned by the justice-engaged student
and clarify requirements to allow the justice-engaged student to complete the
student's high school graduation requirements at the earliest possible date.
(e) A clearly defined and documented plan for graduation provided to the
justice-engaged student and the student's family or caregiver upon re-entry, re-enrollment, or continuation with a local education provider;
(f) Privacy, including privacy when related to diversion, probation, or
questioning about a crime at a local education provider and not in view of the
student's peers. If such a visit is necessary, the appropriate officer shall schedule
the visit in advance with the local education provider's office in a private area out of
sight of the other students.
(g) Protection by the federal Individuals with Disabilities Education Act, 20
U.S.C. sec. 1400 et seq., as amended, section 504 of the federal Rehabilitation Act
of 1973, 29 U.S.C. sec. 794, as amended, applicable foster care regulations, and
the federal McKinney-Vento Homeless Assistance Act, 42 U.S.C. sec. 11431 et
seq.;
(h) Create evidence of and be evaluated for giftedness with support and
information from the justice-engaged student's family or caregivers to allow
consideration of the justice-engaged student for gifted and talented programs that
are available within existing resources; and
(i) Participate in school activities and college or career readiness pathways,
including, but not limited to, career and technical certification programs, in
accordance with the rules promulgated by the state board of education pursuant to
this article 108.