(a) General.

1. (1) For the purposes of this part, juvenile detention facilities are designated as approved residential treatment facilities.
2. (2) 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.
3. (3) The juvenile detention facility shall certify the detention dates to the juvenile’s resident school district within five (5) days after the juvenile is released.

4. (4) Students detained in a juvenile detention facility for nine (9) days or less.

   1. (A) The juvenile detention facility and the district where the juvenile detention facility is located are designated as responsible for educating the student consistent with federal and state laws for any period of time the student is being detained in the facility.
   2. (B) The resident district of a student who is being detained in a juvenile detention facility shall work cooperatively with the juvenile detention facility and the district where the juvenile detention facility is located to provide the student with the curriculum, textbooks, or other materials necessary to educate the student for the first nine (9) days that the student is being detained in the facility either awaiting adjudication or pursuant to court order.
   3. (C) The resident district shall keep the student enrolled in the district for the first nine (9) days that the student is being detained in the facility.
   4. (D) The juvenile detention facility must provide the student’s resident school district a weekly attendance record for each of that district’s students in the facility, regardless of length of stay.

5. (5) Students detained in a juvenile detention facility for ten (10) days or more.

   1. (A) The juvenile detention facility and the district where the juvenile detention facility is located are designated as responsible for educating the student consistent with federal and state laws for any period of time the student is being detained in the facility.
   2. (B) The district where the juvenile detention facility is located shall work cooperatively with the juvenile detention facility to provide the student with the curriculum, textbooks, or other materials necessary to educate the student.
   3. (C) Immediately upon receiving notice that a student has been detained in a juvenile detention facility for ten (10) days or more, the resident district shall drop the student from enrollment.
6. (6) The resident district of a student who is being detained in a juvenile detention facility is designated 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 or district where the facility is located of the student’s placement in a juvenile detention facility.
7. (7) Juvenile detention facilities must meet all standards required by the Department of Finance and Administration in addition to this part.

(b) Educational services for nondisabled students.

1. (1) In order to be eligible for public school funds, each juvenile detention facility must provide the following educational services for nondisabled students:

   1. (A) The teachers employed by the juvenile detention facility must hold a valid teaching license from the Division of Elementary and Secondary Education;
   2. (B) The maximum teacher–student caseload must be 1:15 without a paraprofessional and 1:24 with a full-time paraprofessional;
   3. (C) The juvenile detention facility must provide instruction that addresses the state’s curriculum standards and educational skills needed by students and appropriately address the age ranges and the abilities of the students in the facility; and
   4. (D)

(i) The juvenile detention facility must provide appropriate instructional and supplemental materials and media as are needed to enhance student instruction.

1. (ii) Such materials include, but are not limited to:

(b) (b) Dictionaries;

1. (c) (c) Maps;

   1. (d) (d) Reading materials;

(f) (f) Internet access.

1. (2) A school district that receives a student after attendance at a juvenile detention facility shall not use absences incurred as a result of detention as a basis for denial of credit.

   1. (c) Educational services for disabled students. In order to be eligible for public school funds, each jurisdictional school district and juvenile detention facility must provide the following educational services for disabled students:
2. (1) FAPE consistent with the student’s IEP;
3. (2) The teacher, employed by the JDF or local school district, who is implementing the IEP of a student with a disability must hold a valid teaching license as a special education teacher; and

4. (3) The procedural safeguards specified in this part shall be followed for those students:

   1. (A) Identified as disabled; and

   2. (B) Suspected of being disabled.

      1. (d) Funding for students in juvenile detention facilities.
5. (1) The resident district of a student detained in a juvenile detention facility for nine (9) days or less shall continue to receive funding based on the student’s enrollment (average daily membership) in the district for those nine (9) days or less for the costs of providing educational services to students in the facility in cooperation with the juvenile detention facility and the district where the facility is located.

6. (2) The juvenile detention facility may receive reimbursement from the local school district in which the facility is located for the costs of providing educational services to students in the facility, based upon the following:

   1. (A) For nondisabled students, educational costs are costs incurred for direct educational instruction and include salaries and benefits of teachers and paraprofessionals, staff development costs, and substitute pay;
   2. (B) For students with disabilities under the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., educational costs include all costs incurred in the provision of FAPE; and
   3. (C) For students suspected of having disabilities as defined by the Individuals with Disabilities Education Act, educational costs shall include costs incurred in the evaluation process.
7. (3) The juvenile detention facility and the local school district in which the juvenile detention facility is located must jointly determine the education costs incurred by the facility.

8. (4)

   1. (A) The juvenile detention facility and the local school district in which the juvenile detention facility is located shall jointly complete an application for funding based on the approved student capacity of the facility and shall submit the application to the division.
   2. (B) The application for funding shall include an itemized statement of educational costs incurred.
9. (5) The local school district in which the juvenile detention facility is located must reimburse the juvenile detention facility for the amount approved by the division for educational costs incurred up to an amount not to exceed the Formula Foundation Aid, times the approved student capacity of the facility.
10. (6) If the juvenile detention facility and the local school district cannot agree on an amount for reimbursement, an appeal shall be made by either entity, or both, to the division for a final decision.

11. (7)

    1. (A) The division must reimburse local school districts that have juvenile detention facilities on a quarterly basis based upon the district requesting such reimbursements.
    2. (B) The quarterly reimbursement amount will be determined by dividing the amount identified in subdivision (d)(5) of this section by four (4).
    3. (C) Should costs decrease, the local school district in which the facility is located must notify the Special Education Unit of the Division of Elementary and Secondary Education within thirty (30) days of revised costs.
    4. (D) Any adjustments to reimbursements will be made in the fourth quarter.
12. (8) The jurisdictional local school district may request reimbursement for the costs of educational services provided to students in juvenile detention facilities and incurred by the local school district.
13. (9) The juvenile detention facility must provide the jurisdictional local school district a quarterly attendance record for each student in the facility, regardless of length of stay.