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 juvenile 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. 2. 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. For students incarcerated for more than fourteen (14) days, the division 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 incarcerated 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 with 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, after consultation with the Department of Education, promulgate an administrative regulation for the effective implementation of this section. Effective: July 15, 2014 History: Amended 2014 Ky. Acts ch. 132, sec. 7, effective July 15, 2014. -- Amended 2002 Ky. Acts ch. 257, sec. 1, effective July 15, 2002. -- Amended 2001 Ky. Acts ch. 64, sec. 2, effective June 21, 2001. -- Amended 2000 Ky. Acts ch. 8, sec. 1, effective July 14, 2000; and ch. 534, sec. 3, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 3, effective July 15, 1998. -- Created 1996 Ky. Acts ch. 358, sec. 64, effective July 15, 1996; and ch. 362, sec. 6, effective July 15, 1996.