Current through Register Vol. 51, No. 6, December 1, 2024
RELATES TO:
KRS
15A.065,
15A.0652,
15A.067,
158.281,
200.080-200.120, Chapters
600-645, 605.110,
707 KAR 1:002,
707 KAR 1:320
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
15A.065(1),
15A.0652,
15A.067,
15A.160,
605.150,
635.095, and
640.120 authorize the Justice
and Public Safety Cabinet and the Department of Juvenile Justice to promulgate
administrative regulations for the proper administration of the cabinet and its
programs. This administrative regulation establishes requirements to ensure
that education is provided to juveniles in the department's custody.
Section 1. General.
(1) Education services through the local
school district shall be made available to juveniles upon admission at a DJJ
facility during instructional days, except if there is substantial evidence to
justify otherwise. Substantial evidence may include the juvenile having earned
a diploma or GED or having an IEP that requires something different.
Educational services, necessary specialized equipment, and appropriate
educational materials shall be provided at no cost to a juvenile up to the
completion of high school or the General Education Development
program.
(2) A juvenile enrolled in
a community school shall be transported in accordance with the local school
district's transportation policy.
Section 2. Assessments.
(1) For a juvenile at a detention center,
educational and vocational needs assessment shall be completed within five (5)
instructional days of the juvenile's admission following the detention hearing.
Previous results may be used if completed within the last 180 days.
(2) For a juvenile at a youth development
center, educational and vocational assessments shall be completed within
fourteen (14) days of the juvenile's admission if previous results are not
available.
(3) A juvenile at a
youth development center who has completed the fifth grade and enters a YDC
without a previously administered vocational assessment shall be administered
vocational assessments of aptitude, interest inventory, and learning and
working styles. The results shall be used to:
(a) Determine a juvenile's vocational
aptitude and interests, learning and working styles, and career
clusters;
(b) Assist DJJ and school
district staff as they integrate academic, vocational and work assignments,
social skills, and treatment goals;
(c) Assist DJJ and school district staff as
they communicate with the juvenile;
(d) Develop or review and revise if
necessary, a juvenile's Individual Learning Plan and Transition Plan;
and
(e) Provide each juvenile with
career options.
Section
3. Educational Services at Juvenile Detention Centers. Educational
services at a detention center shall be individualized to meet the assessment,
educational, and developmental instruction needs of the juvenile, constructed
on an open entry-open exit basis, and scheduled so that educational services do
not compete with other facility programming. Provisions shall be made for
academic counseling.
Section 4.
Educational Services in YDCs and Group Homes.
(1) Educational, technical, and treatment
services shall be integrated and individualized to meet the assessment,
educational, rehabilitative, and developmental instruction needs of each
juvenile.
(2) Post-secondary course
fees may require a juvenile to access grant money, individual juvenile
accounts, parent contributions, or community sponsors.
(3) Juveniles shall receive credit for
education that can be transferred to other schools.
(4) A juvenile's individual client record
shall include academic and vocational information.
Section 5. Vocational and Technical
Programming for YDCs.
(1) A juvenile shall
have the opportunity to enroll in pre-vocational and skill-based vocational
training programs and explore vocational and technical opportunities based on
the criteria for enrollment.
(2)
Each local school district that operates within a YDC shall submit a monthly
progress report to the DJJ Education Branch.
(3) Each technical program shall submit their
vocational plan to the Education Branch at the beginning of each school
year.
Section 6.
Technical Education Safety. A juvenile may only use power driven machines and
tools under the following circumstances:
(1)
The juvenile has met the requirements for enrollment in a technical
program;
(2) The juvenile has been
enrolled in a technical training program;
(3) The juvenile is performing tasks
designated by the Office of Career and Technical Education for the training
program in which the juvenile is enrolled;
(4) The certified technical teacher of the
training program is supervising the juvenile;
(5) The juvenile has successfully completed
the safety training and the safety test necessary to use the machines and tools
or complete the task;
(6) The
certified technical teacher documents that the student has completed safety
training; and
(7) The certified
technical teacher of the training program and facility staff continuously
monitor the emotional state and consider the mental stability of the juvenile
prior to allowing the juvenile to use power driven machines and tools or
perform a potentially hazardous task.
Section 7. Agreements with Local School
Districts.
(1) DJJ shall have an agreement
with the school district servicing juvenile detention centers, youth
development centers, and group homes that includes the following:
(a) Educational services shall be provided on
an open entry-open exit basis;
(b)
Education and treatment shall be an integral part of the juvenile's
instructional plan;
(c) Education
and treatment schedules shall be coordinated for the benefit of the
juvenile;
(d) Work programs for
juveniles shall not interfere with educational programming; and
(e) Disciplinary measures shall not interfere
with educational programming, except if there is substantial evidence to
justify otherwise.
(2)
DJJ may provide training for school district and technical education staff on
DJJ policies and procedures, including discipline of a juvenile in accordance
with 505 KAR 1:400 and security
issues. Appropriate classroom management techniques to carry out the
disciplinary rules shall be used.
Section 8. Individual Learning Plan,
Individual Education Plan, and Individual Treatment Plan.
(1) The results of educational and vocational
assessments shall be used as a basis for the initial development, and periodic
review and revision, of an integrated ILP, Individual Education Plan if
applicable, Individual Treatment Plan, and aftercare plan.
(2) DJJ and school district staff shall
participate jointly in the development, review, and revision of a juvenile's
ITP, ILP, IEP if applicable, and aftercare plan.
(3) The ILP and IEP, if applicable, shall be
integrated with the ITP and completed within fourteen (14) days of
admission.
Section 9.
Educational Disability. If a DJJ staff person suspects a juvenile may have an
educational disability, the local school district's director of special
education shall be notified as soon as practicable.
Section 10. Behavior and Discipline.
(1) Discipline of juveniles at detention
centers and YDCs shall be in accordance with
505 KAR 1:400. Discipline of
group home juveniles during school activities shall be in accordance with local
school board procedures and
505 KAR 1:400.
(2) A juvenile in a detention center or YDC
who demonstrates behavior so disruptive that the juvenile is removed from the
classroom shall not be readmitted to the classroom until the juvenile
demonstrates improved behavior as determined by the teacher in collaboration
with the staff.
(3) A juvenile in a
group home who demonstrates behavior so disruptive that the juvenile is removed
from the classroom may be remanded to the supervision of group home staff until
readmitted to the classroom.
(4) If
a juvenile is removed from the classroom, the juvenile shall be given
assignments to work on individually.
Section 11. Educational and Vocational
Records in Detention Centers and YDCs.
(1) A
person, including education personnel, authorized to obtain records pursuant to
KRS Chapters 600 to 645, shall not obtain or attempt to obtain records to which
the person is not entitled or for purposes for which the person is not
permitted to obtain them.
(2) A
person, including education personnel, not authorized to obtain records
pursuant to KRS Chapter 600 to 645, shall not obtain or attempt to obtain
records that are made confidential pursuant to KRS Chapters 600 to 645, except
upon proper motion to a court of competent jurisdiction.
(3) A person shall not destroy or attempt to
destroy any record that is required to be kept unless the destruction is
permitted by state law and is authorized by the court upon proper motion and
good cause for the destruction being shown.
(4) Release of the juvenile's record,
including behavior management, medical, dental, mental, or psychological
reports, shall be prohibited unless presented as evidence in court in
accordance with the law. A person, including school personnel, shall not
disclose any report or information contained therein except as permitted by law
or specific order of the court.
STATUTORY AUTHORITY:
KRS
15A.065(1),
15A.0652,
15A.067,
15A.160,
605.150,
635.095,
640.120,
645.250
