Last modified: December 5, 2023

Policy 3250 P1 Youth in Custody

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Services

The Youth in Custody Program shall provide educational services to individuals under the age of 21 who have not received a high school diploma or GED certificate, who are in a state licensed detention center, or in the custody of the Utah Department of Human Services, Division of Child and Family Services, Juvenile Justice Services, or an equivalent agency of a Native American Tribe recognized by the Bureau of Indian Affairs.

Operations Procedures

1. The Board shall contract with local boards of education (except in extraordinary circumstance) for services. Local boards may sub‐contract services.
2. Youth in Custody students receiving educational services by or through a school district are students of that district.
3. Funding shall be approved through a state application process. 
4. Uniform pupil and fiscal accounting procedures shall be established for the YIC Program.
5. The cost of educational services provided to youth who transferred from out‐of‐state shall be paid by the transferring agent.
6. The Utah State Office of Education shall initiate an external evaluation of each YIC Program every third year.
7. Each district YIC Program will submit an annual budget report.
8. Children in the custody of, or under the care of a Utah state agency are exempt from the payment of fees per Utah Code referenced below.

Local Interagency Advisory Council

The minimal council membership shall be a representative from the Division of Child and Family Services, Juvenile Justice Services, and Local Educational Agencies (LEAs). Additional recommended members may be local representatives of agencies and schools serving youth such as: teachers, principals, administrators, mental health, law enforcement, business, and community‐based alternative programs, etc. The Council shall adopt bylaws for its operation, meet at a regularly scheduled time, and provide minutes of the meeting to the Youth in Custody Specialist of the Utah State Office of Education.

Educational Services

1. Services shall follow the Student Education Plan (SEP) and/or the Individualized Education Program (IEP);
2. Will be conducted in the least restrictive setting;
3. Are to be determined on individual student needs, not custodial status;
4. Shall meet state standards;
5. Shall be monitored by the Utah State Office of Education;
6. Shall be sufficiently coordinated with non‐custodial programs to enable youth to continue his/her education with minimal disruption following discharge from custodial status or change of placement;
7. Shall enroll a student within five school days of arrival at placement and completion of necessary intake information. Enrollment may be satisfied by temporary homebound placement; and
8. Shall include release and forwarding of student’s records to receiving programs upon student transfer.

Student Files

Long term student files should include:

1. In‐take form, completed and signed by the Human Services case manager (destroyed at the time a student turns 21);
2. Immunization records or electronic verification;
3. SEP or SEOP as appropriate for grade level
   • Student Needs Assessment
   • Student Schedule – Secondary Students
   • Academic Testing Data
   • Report Cards as Applicable 
   • Transcripts – Secondary Students;
4. Vision and hearing screening data;
5. In‐school and extra‐school factors which may affect student performance; and 
6. Other forms as required by individual districts

Short term student files should include: 

1. Student’s name, age, date of birth and grade;
2. Approximate grade level functioning;
3. Contact hours and/or credits earned; and
4. Any other data collected; i.e., behavioral testing, etc.

Confidentiality

1. Transcripts and diplomas prepared for youth in custody shall be issued in the name of the accredited institution that serves the student and shall not reference custodial status. No mention of custodial status shall appear on records. 
2. School records that refer to custodial status, juvenile court records, and related matters shall be kept separate from permanent school records and shall be maintained in compliance with existing SEA and LEA guidelines. 
3. Inter-agency team members which design and oversee individual student plans shall have access, through team member representatives of the participating agencies, to relevant records of the various agencies. The records and information remain the property of the supplying agency and shall not be transferred to other persons or agencies without the permission of the supplying agency. Such records shall be maintained in compliance with existing SEA and LEA guidelines.

Successful Program Student Outcomes

Each program shall collect and report data on its program’s student outcomes. Such outcomes may include:

1. Class Attendance;
2. Academic Skills Improvement;
3. Hours of Credit Earned; 
4. Units of Credit Earned; 
5. Grade Point Average; 
6. Individual Student Goal Accomplishments; and/or
7. Improved Social and School Behavior

Staffing

1. Teachers shall be appropriately trained and licensed per Utah elementary, secondary, counselor, and/or administration standards. Aides shall be appropriately trained and meet district standards. 
2. As funding allows, staffing patterns shall follow State Youth in Custody student-to-teacher ratio.
3. Each staff position shall have a written job description.

Legal References:

62A-4a-606

Child-placing agency responsibility for educational services- Payment of costs

Approval Date: 

2004

Revised: March 12, 2013

Policy

Policy No. 3250 Youth in Custody