1     
HIGHER EDUCATION FOR INCARCERATED YOUTH

2     
PROGRAM AMENDMENTS

3     
2024 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Kathleen A. Riebe

6     
House Sponsor: ____________

7     

8     LONG TITLE
9     General Description:
10          This bill amends the Higher Education for Incarcerated Youth Program to include
11     students held in certain types of detention.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     amends the Higher Education for Incarcerated Youth Program to include youth held
16     in certain types of detention; and
17          ▸     makes technical and conforming changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          53B-31-301, as last amended by Laws of Utah 2023, Chapter 227
25          53E-3-503, as last amended by Laws of Utah 2023, Chapter 328
26          53E-10-301, as last amended by Laws of Utah 2021, Chapter 379
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) "Care" means the status of being legally subject to the control of another person or a
34     public agency.
35          (b) "Home detention" means the same as that term is defined in Section 80-1-102.
36          (c) "Interactive video conferencing" means two-way, real-time transmission of audio
37     and video signals between devices or computers at two or more locations.
38          [(b)] (d) "Program" means the Utah Tech University Higher Education for Incarcerated
39     Youth Program.
40          (e) "Secure detention" means the same as that term is defined in Section 80-1-102.
41          [(c)] (f) "Student" means an individual who is:
42          (i) in the custody of the Division of Juvenile Justice and Youth Services at any time a
43     course is being offered, including:
44          (A) individuals in the legal custody of the Division of Juvenile Justice and Youth
45     Services; and
46          (B) individuals who are housed in a detention center that the Division of Juvenile
47     Justice and Youth Services operates; [and]
48          (ii) subject to the jurisdiction of the Youth Parole Authority[.];
49          (iii) placed in home detention; or
50          (iv) held in secure detention.
51          (g) "Youth in care" means an individual for whom the state board is responsible to
52     provide educational services under Section 53E-3-503.
53          (2) Consistent with policies established by the board, Utah Tech University shall,
54     subject to legislative appropriation, establish and administer the Utah Tech University Higher
55     Education for Incarcerated Youth Program to provide:
56          (a) students needing high school credits opportunities for concurrent enrollment
57     courses;
58          (b) a consistent, two-year, flexible schedule of higher education courses delivered
59     through interactive video conferencing, in-person, or online methods to students;
60          (c) a pathway for students to earn college credits that:
61          (i) apply toward earning a certificate, associate degree, bachelor's degree; or
62          (ii) satisfy scholarship requirements or other objectives that best meet the needs of an
63     individual student; and
64          (d) advisory support to students and academic counselors who participate in the
65     program to ensure that the students' higher education courses align with the academic and
66     career goals defined in the students' plans for college and career readiness.
67          Section 2. Section 53E-3-503 is amended to read:
68          53E-3-503. Education of individuals in custody of or receiving services from
69     certain state agencies -- Establishment of coordinating council -- Advisory councils.
70          (1) (a) The state board is directly responsible for the education of all individuals who
71     are:
72          (i) (A) younger than 21 years old; or
73          (B) eligible for special education services as described in Chapter 7, Part 2, Special
74     Education Program; and
75          (ii) (A) receiving services from the Department of Health and Human Services;
76          (B) in the custody of an equivalent agency of a Native American tribe recognized by
77     the United States Bureau of Indian Affairs and whose custodial parent resides within the state;
78     or
79          (C) being held in a juvenile detention facility.
80          (b) The state board shall:
81          (i) make rules in accordance with Title 63G, Chapter 3, Utah Administrative
82     Rulemaking Act, to provide for the distribution of funds for the education of individuals
83     described in Subsection (1)(a); and
84          (ii) expend funds appropriated for the education of youth in [custody] care in the
85     following order of priority:
86          (A) for students in a facility described in Subsection (1)(a)(ii) who are not included in
87     an LEA's average daily membership; and
88          (B) for students in a facility described in Subsection (1)(a)(ii) who are included in an
89     LEA's average daily membership and who may benefit from additional educational support
90     services.
91          (c) Subject to future budget constraints, the amount appropriated for the education of
92     youth in [custody] care under this section shall increase annually based on the following:
93          (i) the percentage of enrollment growth of students in kindergarten through grade 12;
94     and
95          (ii) changes to the value of the weighted pupil unit as defined in Section 53F-4-301.
96          (2) Subsection (1)(a)(ii)(B) does not apply to an individual taken into [custody] care for
97     the primary purpose of obtaining access to education programs provided for youth in custody.
98          (3) The state board shall, where feasible, contract with school districts or other
99     appropriate agencies to provide educational, administrative, and supportive services, but the
100     state board shall retain responsibility for the programs.
101          (4) The Legislature shall establish and maintain separate education budget categories
102     for youth in [custody] care or who are under the jurisdiction of [the following state agencies]:
103          (a) detention centers [and];
104          (b) the [Divisions] Division of Juvenile Justice and Youth Services [and];
105          (c) the Division of Child and Family Services;
106          [(b)] (d) the Office of Substance Use and Mental Health; [and]
107          [(c)] (e) the Division of Services for People with Disabilities[.]; and
108          (f) the Youth Parole Authority.
109          (5) (a) The Department of Health and Human Services and the state board shall appoint
110     a coordinating council to plan, coordinate, and recommend budget, policy, and program
111     guidelines for the education and treatment of persons in the custody of the Division of Juvenile
112     Justice and Youth Services and the Division of Child and Family Services.
113          (b) The Department of Health and Human Services and the state board may appoint
114     similar councils for those in the custody of the Office of Substance Use and Mental Health or
115     the Division of Services for People with Disabilities.
116          (6) A school district contracting to provide services under Subsection (3) shall
117     establish an advisory council to plan, coordinate, and review education and treatment programs
118     for individuals held in custody in the district.
119          Section 3. Section 53E-10-301 is amended to read:
120          53E-10-301. Definitions.
121          As used in this part:
122          (1) "Career and technical education course" means a concurrent enrollment course in
123     career and technical education, as determined by the policy established by the Utah Board of
124     Higher Education under Section 53E-10-302.
125          (2) "Concurrent enrollment" means enrollment in a course offered through the
126     concurrent enrollment program described in Section 53E-10-302.
127          (3) "Educator" means the same as that term is defined in Section 53E-6-102.
128          (4) "Eligible instructor" means an instructor who meets the requirements described in
129     [Subsection] Section 53E-10-302[(6)].
130          (5) "Eligible student" means a student who is:
131          (a) (i) [is] enrolled in, and counted in average daily membership in, a public school
132     within the state; or
133          (ii) [is] in the custody of the Division of Juvenile Justice Services and subject to the
134     jurisdiction of the Youth Parole Authority;
135          (b) (i) placed in home detention; or
136          (ii) held in secure detention;
137          [(b)] (c) has on file a plan for college and career readiness as described in Section
138     53E-2-304; and
139          [(c)] (d) is in grade 9, 10, 11, or 12.
140          (6) "Home detention" means the same as that term is defined in Section 80-1-102.
141          [(6)] (7) "Institution of higher education" means an institution described in
142     [Subsection] Section 53B-1-102[(1)(a)].
143          [(7)] (8) "License" means the same as that term is defined in Section 53E-6-102.
144          [(8)] (9) "Local education agency" or "LEA" means a school district or charter school.
145          [(9)] (10) "Qualifying experience" means an LEA employee's experience in an
146     academic field that:
147          (a) qualifies the LEA employee to teach a concurrent enrollment course in the
148     academic field; and
149          (b) may include the LEA employee's:
150          (i) number of years teaching in the academic field;
151          (ii) [holding a] higher level secondary teaching credential issued by the state board;
152          (iii) research, publications, or other scholarly work in the academic field;
153          (iv) continuing professional education in the academic field;
154          (v) portfolio of work related to the academic field; or
155          (vi) professional work experience or certifications in the academic field.
156          (11) "Secure detention" means the same as that term is defined in Section 80-1-102.
157          [(10)] (12) "Value of the weighted pupil unit" means the amount established each year
158     in the enacted public education budget that is multiplied by the number of weighted pupil units
159     to yield the funding level for the basic state-supported school program.
160          Section 4. Effective date.
161          This bill takes effect on May 1, 2024.