15-913

15-913. Education program; juvenile detention
centers

A. Each county that operates a juvenile detention center shall offer an education
program to serve all school-age children in its juvenile detention center. The county
school superintendent and the presiding juvenile court judge in each county shall agree
on the method of delivery of the juvenile detention center education program.

B. The state board of education shall prescribe standards and achievement testing
requirements for county juvenile detention center education programs that shall attempt
to ensure that the programs are compatible with public school education goals and
requirements. The county school superintendent shall attempt to coordinate the program
with each pupil's school district of residence to assist the pupil's transition back to
the school district at the appropriate time.

C. A county may operate its juvenile detention center education program through an
existing accommodation school.

D. If a county chooses not to operate its juvenile detention center education
program through an existing accommodation school, the county school superintendent may
establish a detention center education fund to provide financial support to the
program. The detention center education fund for each program shall consist of a base
amount plus a variable amount. For fiscal year 1994-1995 the base amount is twenty
thousand dollars and the variable amount shall be determined pursuant to subsection E of
this section. Beginning with fiscal year 1995-1996 the base amount is the amount for the
prior year adjusted by the growth rate prescribed by law, subject to appropriation. The
base amount and variable amount for each county or counties served shall be funded with
state general fund monies, subject to appropriation. The county school superintendent
must submit claims for payments to the state superintendent of public instruction. The
county school superintendent shall deposit the payments into the detention center
education fund.

E. The variable amount shall be determined as follows:

1. Determine the number of days in the prior fiscal year that each child who had
been in the detention center for more than forty-eight hours received an instructional
program of at least two hundred forty minutes. No school district may count a child as
being in attendance in that school district on a day that the child is counted for the
purposes of this paragraph.

2. Multiply the number of days determined under paragraph 1 of this subsection by
the following amount:

(a) For fiscal year 1994-1995, fifteen dollars.

(b) For fiscal year 1995-1996 and thereafter, the amount for the prior year
adjusted by the growth rate prescribed by law, subject to appropriation.

3. For each child with a disability as defined in section 15-761 who had been in
the detention center for more than forty-eight hours:

(a) Determine the amount prescribed in section 15-1204, subsection E, paragraph 1
or 2 and add one hundred dollars for capital outlay costs.

(b) Divide the sum determined under subdivision (a) of this paragraph by one
hundred seventy-five.

(c) Subtract the amount prescribed in paragraph 2, subdivision (a) or (b) of this
subsection from the quotient determined in subdivision (b) of this paragraph.

(d) Determine the number of days in the prior fiscal year that the child received
an instructional program of at least two hundred forty minutes.

(e) Multiply the amount determined in subdivision (d) of this paragraph by the
difference determined in subdivision (c) of this paragraph.

4. Add the amounts determined in paragraph 3 of this subsection for all children
with disabilities.

5. Add the sum determined in paragraph 4 of this subsection to the product
determined in paragraph 2 of this subsection. This sum is the variable amount.

F. If a county detention center education program serves more than one county, the
county school superintendents and the presiding juvenile court judges of the counties
being served shall agree on a county of jurisdiction. The county school superintendent
shall deposit into the detention center education fund of the county of jurisdiction
monies that are received from the superintendent of public instruction pursuant to this
section for all counties served by the county of jurisdiction.

G. If a county operated a juvenile detention center education program through an
accommodation school in the year before it begins to operate its juvenile detention
center education program as provided in subsection D of this section, for the first year
of operation as provided in subsection D of this section, the student count of the
accommodation school shall be reduced by the student count attributable to the detention
center program.