Senator Kathleen A. Riebe proposes the following substitute bill:


1     
HIGHER EDUCATION FOR INCARCERATED YOUTH

2     
PROGRAM AMENDMENTS

3     
2023 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kathleen A. Riebe

6     
House Sponsor: Carol S. Moss

7     

8     LONG TITLE
9     General Description:
10          This bill expands the Incarcerated Youth Program to include students held in detention.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     amends the Incarcerated Youth Program to include youth held in detention; and
15          ▸     makes technical and conforming changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          This bill provides a coordination clause.
20     Utah Code Sections Affected:
21     AMENDS:
22          53B-31-301, as last amended by Laws of Utah 2021, Second Special Session, Chapter 1
23          53E-3-503, as last amended by Laws of Utah 2020, Chapters 330, 408
24          53E-10-301, as last amended by Laws of Utah 2021, Chapter 379
25     Utah Code Sections Affected by Coordination Clause:
26          53B-31-301, as last amended by Laws of Utah 2021, Second Special Session, Chapter 1
27     

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53B-31-301 is amended to read:
30          53B-31-301. Utah Tech University Higher Education for Incarcerated Youth
31     Program.
32          (1) As used in this section:
33          (a) "Home detention" means the same as that term is defined in Section 80-1-102.
34          [(a)] (b) "Interactive video conferencing" means two-way, real-time transmission of
35     audio and video signals between devices or computers at two or more locations.
36          [(b)] (c) "Program" means the Utah Tech University Higher Education for Incarcerated
37     Youth Program.
38          (d) "Secure detention" means the same as that term is defined in Section 80-1-102.
39          [(c)] (e) "Student" means an individual who is:
40          (i) [in the custody of the Division of Juvenile Justice Services within the timeframe of
41     the course being offered; and]
42          (A) in the custody of the Division of Juvenile Justice Services within the timeframe of
43     the course being offered; and
44          [(ii)] (B) subject to the jurisdiction of the Youth Parole Authority[.];
45          (ii) placed in home detention; or
46          (iii) held in secure detention.
47          (2) Consistent with policies established by the board, Utah Tech University shall,
48     subject to legislative appropriation, establish and administer the Utah Tech University Higher
49     Education for Incarcerated Youth Program to provide:
50          (a) students needing high school credits opportunities for concurrent enrollment
51     courses;
52          (b) a consistent, two-year, flexible schedule of higher education courses delivered
53     through interactive video conferencing to students;
54          (c) a pathway for students to earn college credits that:
55          (i) apply toward earning a certificate, associate degree, bachelor's degree; or
56          (ii) satisfy scholarship requirements or other objectives that best meet the needs of an
57     individual student; and
58          (d) advisory support to students and academic counselors who participate in the
59     program to ensure that the students' higher education courses align with the academic and
60     career goals defined in the students' plans for college and career readiness.
61          Section 2. Section 53E-3-503 is amended to read:
62          53E-3-503. Education of individuals in custody of or receiving services from
63     certain state agencies -- Establishment of coordinating council -- Advisory councils.
64          (1) (a) The state board is directly responsible for the education of all individuals who
65     are:
66          (i) (A) younger than 21 years old; or
67          (B) eligible for special education services as described in Chapter 7, Part 2, Special
68     Education Program; and
69          (ii) (A) receiving services from the Department of Human Services;
70          (B) in the custody of an equivalent agency of a Native American tribe recognized by
71     the United States Bureau of Indian Affairs and whose custodial parent resides within the state;
72     or
73          (C) being held in a juvenile detention facility.
74          (b) The state board shall:
75          (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
76     Rulemaking Act, to provide for the distribution of funds for the education of individuals
77     described in Subsection (1)(a); and
78          (ii) expend funds appropriated for the education of youth in custody in the following
79     order of priority:
80          (A) for students in a facility described in Subsection (1)(a)(ii) who are not included in
81     an LEA's average daily membership; and
82          (B) for students in a facility described in Subsection (1)(a)(ii) who are included in an
83     LEA's average daily membership and who may benefit from additional educational support
84     services.
85          (c) Subject to future budget constraints, the amount appropriated for the education of
86     youth in custody under this section shall increase annually based on the following:
87          (i) the percentage of enrollment growth of students in kindergarten through grade 12;
88     and
89          (ii) changes to the value of the weighted pupil unit as defined in Section 53F-4-301.
90          (2) Subsection (1)(a)(ii)(B) does not apply to an individual taken into custody for the
91     primary purpose of obtaining access to education programs provided for youth in custody.
92          (3) The state board shall, where feasible, contract with school districts or other
93     appropriate agencies to provide educational, administrative, and supportive services, but the
94     state board shall retain responsibility for the programs.
95          (4) The Legislature shall establish and maintain separate education budget categories
96     for youth in custody or who are under the jurisdiction of [the following state agencies]:
97          (a) detention centers [and];
98          (b) the [Divisions] Division of Juvenile Justice Services [and];
99          (c) the Division of Child and Family Services;
100          [(b)] (d) the Division of Substance Abuse and Mental Health; [and]
101          [(c)] (e) the Division of Services for People with Disabilities[.]; and
102          (f) the Youth Parole Authority.
103          (5) (a) The Department of Human Services and the state board shall appoint a
104     coordinating council to plan, coordinate, and recommend budget, policy, and program
105     guidelines for the education and treatment of persons in the custody of the Division of Juvenile
106     Justice Services and the Division of Child and Family Services.
107          (b) The Department of Human Services and the state board may appoint similar
108     councils for those in the custody of the Division of Substance Abuse and Mental Health or the
109     Division of Services for People with Disabilities.
110          (6) A school district contracting to provide services under Subsection (3) shall
111     establish an advisory council to plan, coordinate, and review education and treatment programs
112     for individuals held in custody in the district.
113          Section 3. Section 53E-10-301 is amended to read:
114          53E-10-301. Definitions.
115          As used in this part:
116          (1) "Career and technical education course" means a concurrent enrollment course in
117     career and technical education, as determined by the policy established by the Utah Board of
118     Higher Education under Section 53E-10-302.
119          (2) "Concurrent enrollment" means enrollment in a course offered through the
120     concurrent enrollment program described in Section 53E-10-302.
121          (3) "Educator" means the same as that term is defined in Section 53E-6-102.
122          (4) "Eligible instructor" means an instructor who meets the requirements described in
123     Subsection 53E-10-302(6).
124          (5) "Eligible student" means a student who is:
125          (a) (i) [is] enrolled in, and counted in average daily membership in, a public school
126     within the state; or
127          (ii) [is] in the custody of the Division of Juvenile Justice Services; and
128          (iii) subject to the jurisdiction of the Youth Parole Authority;
129          (b) (i) placed in home detention; or
130          (ii) held in secure detention;
131          [(b)] (c) has on file a plan for college and career readiness as described in Section
132     53E-2-304; and
133          [(c)] (d) is in grade 9, 10, 11, or 12.
134          (6) "Home detention" means the same as that term is defined in Section 80-1-102.
135          [(6)] (7) "Institution of higher education" means an institution described in Subsection
136     53B-1-102(1)(a).
137          [(7)] (8) "License" means the same as that term is defined in Section 53E-6-102.
138          [(8)] (9) "Local education agency" or "LEA" means a school district or charter school.
139          [(9)] (10) "Qualifying experience" means an LEA employee's experience in an
140     academic field that:
141          (a) qualifies the LEA employee to teach a concurrent enrollment course in the
142     academic field; and
143          (b) may include the LEA employee's:
144          (i) number of years teaching in the academic field;
145          (ii) [holding a] higher level secondary teaching credential issued by the state board;
146          (iii) research, publications, or other scholarly work in the academic field;
147          (iv) continuing professional education in the academic field;
148          (v) portfolio of work related to the academic field; or
149          (vi) professional work experience or certifications in the academic field.
150          (11) "Secure detention" means the same as that term is defined in Section 80-1-102.
151          [(10)] (12) "Value of the weighted pupil unit" means the amount established each year
152     in the enacted public education budget that is multiplied by the number of weighted pupil units
153     to yield the funding level for the basic state-supported school program.
154          Section 4. Coordinating S.B. 145 with S.B. 47 -- Substantive and technical
155     amendments.
156          If this S.B. 145 and S.B. 47, Incarcerated Youth Education Amendments, both pass and
157     become law, the Legislature intends that the Office of Legislative Research and General
158     Counsel prepare the Utah Code database for publication by amending Subsection
159     53B-31-301(1)(e) to read:
160          "(e) "Student" means an individual who is:
161          (i) subject to the jurisdiction of the Youth Parole Authority and in the custody of the
162     Division of Juvenile Justice and Youth Services [within the timeframe of the course] at any
163     time a course is being offered[; and], including:
164          (A) individuals in the legal custody of the Division of Juvenile Justice and Youth
165     Services; and
166          (B) individuals who are housed in a detention center that the Division of Juvenile
167     Justice and Youth Services operates;
168          [(ii) subject to the jurisdiction of the Youth Parole Authority.]
169          (ii) placed in home detention; or
170          (iii) held in secure detention."