8-371

8-371. Educational rehabilitation

A. Juveniles who are subject to the supervision of a probation officer pursuant to
an order of the juvenile court, or who are otherwise eligible for absolute discharge or
conditional liberty from the department of juvenile corrections in accordance with
section 41-2816, shall, as a condition of probation or liberty, be required to do one of
the following:

1. Attend school in order to obtain vocational training or to achieve an
appropriate educational level as prescribed in consultation with the school the juvenile
attends by the juvenile's probation officer or by the department of juvenile
corrections. If the juvenile fails to attend school regularly, maintain appropriate
school behavior, or make satisfactory progress as determined in consultation with the
school by the probation officer or department of juvenile corrections as specified in
subsection C of this section and the juvenile does not meet the requirements of paragraph
2 of this subsection:

(a) If the juvenile court retains jurisdiction, the juvenile court shall take
appropriate action to enforce, modify or revoke its order granting probation.

(b) If the department of juvenile corrections retains jurisdiction, the department
shall act to enforce, modify or revoke its order granting conditional liberty.

2. Attend an on-the-job training program or secure and maintain employment. If the
juvenile fails to attend the program or maintain employment and does not meet the
requirements of paragraph 1 of this subsection:

(a) If the juvenile court retains jurisdiction, the juvenile court shall take
appropriate action to enforce, modify or revoke its order granting probation.

(b) If the department of juvenile corrections retains jurisdiction, the department
shall act to enforce, modify or revoke its order granting conditional liberty.

B. Subsection A of this section does not apply to juveniles who pass the general
educational development test or earn a high school diploma. Subsection A, paragraph 2 of
this section does not apply to a juvenile required to attend school under section 15-802.

C. If the juvenile chooses to meet the requirements of subsection A of this section
by attending a public school:

1. If the juvenile had previously been expelled from school, prior to readmission
of that juvenile to the school, school officials shall meet with the appropriate juvenile
court probation officer or department of juvenile corrections case manager and assist in
developing conditions of probation or conditional liberty that will provide specific
guidelines for behavior and consequences for misbehavior at school as well as educational
objectives that must be achieved. If the juvenile is under the jurisdiction of the
juvenile court, the court shall review the conditions of probation for the juvenile and
may continue the expulsion or return the child to school under the agreed conditions. If
the juvenile is under the jurisdiction of the department of juvenile corrections, the
department shall review the terms of conditional liberty for the juvenile and may
continue the expulsion or return the child to school under the agreed conditions. The
governing board may expel the juvenile for subsequent actions as provided in title 15,
chapter 8, article 3.

2. The juvenile shall upon release be screened by the school to which the juvenile
is admitted for possible disabilities as provided in section 15-761, paragraph 2 and, if
the screening so indicates, be referred for evaluation for possible placement in a
special education program.

D. The school district of residence and the juvenile court or the department of
juvenile corrections may establish education, counseling or other programs in order to
improve the behavior and educational performance of juveniles covered by this section.