Title 505 | Chapter 001 | Regulation 260
PREVIOUS VERSION
The previous document that this document is based upon is available.
505 KAR 1:260.Education.
Section 1.
General.(1)
Education services through the local school district shall be made available to juveniles upon admission at a DJJ facility during instructional days, except if there is substantial evidence to justify otherwise. Substantial evidence may include the juvenile having earned a diploma or GED or having an IEP that requires something different. Educational services, necessary specialized equipment, and appropriate educational materials shall be provided at no cost to a juvenile up to the completion of high school or the General Education Development program.(2)
A juvenile enrolled in a community school shall be transported in accordance with the local school district's transportation policy.Section 2.
Assessments.(1)
For a juvenile at a detention center, educational and vocational needs assessment shall be completed within five (5) instructional days of the juvenile's admission following the detention hearing. Previous results may be used if completed within the last 180 days.(2)
For a juvenile at a youth development center, educational and vocational assessments shall be completed within fourteen (14) days of the juvenile's admission if previous results are not available.(3)
A juvenile at a youth development center who has completed the fifth grade and enters a YDC without a previously administered vocational assessment shall be administered vocational assessments of aptitude, interest inventory, and learning and working styles. The results shall be used to:(a)
Determine a juvenile's vocational aptitude and interests, learning and working styles, and career clusters;(b)
Assist DJJ and school district staff as they integrate academic, vocational and work assignments, social skills, and treatment goals;(c)
Assist DJJ and school district staff as they communicate with the juvenile;(d)
Develop or review and revise if necessary, a juvenile's Individual Learning Plan and Transition Plan; and(e)
Provide each juvenile with career options.Section 3.
Educational Services at Juvenile Detention Centers. Educational services at a detention center shall be individualized to meet the assessment, educational, and developmental instruction needs of the juvenile, constructed on an open entry-open exit basis, and scheduled so that educational services do not compete with other facility programming. Provisions shall be made for academic counseling.Section 4.
Educational Services in YDCs and Group Homes.(1)
Educational, technical, and treatment services shall be integrated and individualized to meet the assessment, educational, rehabilitative, and developmental instruction needs of each juvenile.(2)
Post-secondary course fees may require a juvenile to access grant money, individual juvenile accounts, parent contributions, or community sponsors.(3)
Juveniles shall receive credit for education that can be transferred to other schools.(4)
A juvenile's individual client record shall include academic and vocational information.Section 5.
Vocational and Technical Programming for YDCs.(1)
A juvenile shall have the opportunity to enroll in pre-vocational and skill-based vocational training programs and explore vocational and technical opportunities based on the criteria for enrollment.(2)
Each local school district that operates within a YDC shall submit a monthly progress report to the DJJ Education Branch.(3)
Each technical program shall submit their vocational plan to the Education Branch at the beginning of each school year.Section 6.
Technical Education Safety. A juvenile may only use power driven machines and tools under the following circumstances:(1)
The juvenile has met the requirements for enrollment in a technical program;(2)
The juvenile has been enrolled in a technical training program;(3)
The juvenile is performing tasks designated by the Office of Career and Technical Education for the training program in which the juvenile is enrolled;(4)
The certified technical teacher of the training program is supervising the juvenile;(5)
The juvenile has successfully completed the safety training and the safety test necessary to use the machines and tools or complete the task;(6)
The certified technical teacher documents that the student has completed safety training; and(7)
The certified technical teacher of the training program and facility staff continuously monitor the emotional state and consider the mental stability of the juvenile prior to allowing the juvenile to use power driven machines and tools or perform a potentially hazardous task.Section 7.
Agreements with Local School Districts.(1)
DJJ shall have an agreement with the school district servicing juvenile detention centers, youth development centers, and group homes that includes the following:(a)
Educational services shall be provided on an open entry-open exit basis;(b)
Education and treatment shall be an integral part of the juvenile's instructional plan;(c)
Education and treatment schedules shall be coordinated for the benefit of the juvenile;(d)
Work programs for juveniles shall not interfere with educational programming; and(e)
Disciplinary measures shall not interfere with educational programming, except if there is substantial evidence to justify otherwise.(2)
DJJ may provide training for school district and technical education staff on DJJ policies and procedures, including discipline of a juvenile in accordance with 505 KAR 1:400 and security issues. Appropriate classroom management techniques to carry out the disciplinary rules shall be used.Section 8.
Individual Learning Plan, Individual Education Plan, and Individual Treatment Plan.(1)
The results of educational and vocational assessments shall be used as a basis for the initial development, and periodic review and revision, of an integrated ILP, Individual Education Plan if applicable, Individual Treatment Plan, and aftercare plan.(2)
DJJ and school district staff shall participate jointly in the development, review, and revision of a juvenile's ITP, ILP, IEP if applicable, and aftercare plan.(3)
The ILP and IEP, if applicable, shall be integrated with the ITP and completed within fourteen (14) days of admission.Section 9.
Educational Disability. If a DJJ staff person suspects a juvenile may have an educational disability, the local school district's director of special education shall be notified as soon as practicable.Section 10.
Behavior and Discipline.(1)
Discipline of juveniles at detention centers and YDCs shall be in accordance with 505 KAR 1:400. Discipline of group home juveniles during school activities shall be in accordance with local school board procedures and 505 KAR 1:400.(2)
A juvenile in a detention center or YDC who demonstrates behavior so disruptive that the juvenile is removed from the classroom shall not be readmitted to the classroom until the juvenile demonstrates improved behavior as determined by the teacher in collaboration with the staff.(3)
A juvenile in a group home who demonstrates behavior so disruptive that the juvenile is removed from the classroom may be remanded to the supervision of group home staff until readmitted to the classroom.(4)
If a juvenile is removed from the classroom, the juvenile shall be given assignments to work on individually.Section 11.
Educational and Vocational Records in Detention Centers and YDCs.(1)
A person, including education personnel, authorized to obtain records pursuant to KRS Chapters 600 to 645, shall not obtain or attempt to obtain records to which the person is not entitled or for purposes for which the person is not permitted to obtain them.(2)
A person, including education personnel, not authorized to obtain records pursuant to KRS Chapter 600 to 645, shall not obtain or attempt to obtain records that are made confidential pursuant to KRS Chapters 600 to 645, except upon proper motion to a court of competent jurisdiction.(3)
A person shall not destroy or attempt to destroy any record that is required to be kept unless the destruction is permitted by state law and is authorized by the court upon proper motion and good cause for the destruction being shown.(4)
Release of the juvenile's record, including behavior management, medical, dental, mental, or psychological reports, shall be prohibited unless presented as evidence in court in accordance with the law. A person, including school personnel, shall not disclose any report or information contained therein except as permitted by law or specific order of the court.HISTORY: (50 Ky.R. 1089; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: October 12, 2023
FILED WITH LRC: October 12, 2023 at 3:15 p.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frank-fort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements to ensure that education is provided to juveniles in the department’s custody.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 for administrative regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation provides direction and information to department staff and juveniles concerning staff duties and the procedures that govern operations of facilities with juveniles in the custody of the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 632 DJJ employees, 348 juveniles, and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
DJJ staff and juveniles will have to follow the requirements for education.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The administrative regulation will assist in the effective and orderly management of the department and its facilities.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(b) On a continuing basis:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065, 15A.0652, 15A.067, 15A.160, 15A.305, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost to administer this program for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact to the agency is not anticipated.
505 KAR 1:260.Education.
Section 1.
General.(1)
Education services through the local school district shall be made available to juveniles upon admission at a DJJ facility during instructional days, except if there is substantial evidence to justify otherwise. Substantial evidence may include the juvenile having earned a diploma or GED or having an IEP that requires something different. Educational services, necessary specialized equipment, and appropriate educational materials shall be provided at no cost to a juvenile up to the completion of high school or the General Education Development program.(2)
A juvenile enrolled in a community school shall be transported in accordance with the local school district's transportation policy.Section 2.
Assessments.(1)
For a juvenile at a detention center, educational and vocational needs assessment shall be completed within five (5) instructional days of the juvenile's admission following the detention hearing. Previous results may be used if completed within the last 180 days.(2)
For a juvenile at a youth development center, educational and vocational assessments shall be completed within fourteen (14) days of the juvenile's admission if previous results are not available.(3)
A juvenile at a youth development center who has completed the fifth grade and enters a YDC without a previously administered vocational assessment shall be administered vocational assessments of aptitude, interest inventory, and learning and working styles. The results shall be used to:(a)
Determine a juvenile's vocational aptitude and interests, learning and working styles, and career clusters;(b)
Assist DJJ and school district staff as they integrate academic, vocational and work assignments, social skills, and treatment goals;(c)
Assist DJJ and school district staff as they communicate with the juvenile;(d)
Develop or review and revise if necessary, a juvenile's Individual Learning Plan and Transition Plan; and(e)
Provide each juvenile with career options.Section 3.
Educational Services at Juvenile Detention Centers. Educational services at a detention center shall be individualized to meet the assessment, educational, and developmental instruction needs of the juvenile, constructed on an open entry-open exit basis, and scheduled so that educational services do not compete with other facility programming. Provisions shall be made for academic counseling.Section 4.
Educational Services in YDCs and Group Homes.(1)
Educational, technical, and treatment services shall be integrated and individualized to meet the assessment, educational, rehabilitative, and developmental instruction needs of each juvenile.(2)
Post-secondary course fees may require a juvenile to access grant money, individual juvenile accounts, parent contributions, or community sponsors.(3)
Juveniles shall receive credit for education that can be transferred to other schools.(4)
A juvenile's individual client record shall include academic and vocational information.Section 5.
Vocational and Technical Programming for YDCs.(1)
A juvenile shall have the opportunity to enroll in pre-vocational and skill-based vocational training programs and explore vocational and technical opportunities based on the criteria for enrollment.(2)
Each local school district that operates within a YDC shall submit a monthly progress report to the DJJ Education Branch.(3)
Each technical program shall submit their vocational plan to the Education Branch at the beginning of each school year.Section 6.
Technical Education Safety. A juvenile may only use power driven machines and tools under the following circumstances:(1)
The juvenile has met the requirements for enrollment in a technical program;(2)
The juvenile has been enrolled in a technical training program;(3)
The juvenile is performing tasks designated by the Office of Career and Technical Education for the training program in which the juvenile is enrolled;(4)
The certified technical teacher of the training program is supervising the juvenile;(5)
The juvenile has successfully completed the safety training and the safety test necessary to use the machines and tools or complete the task;(6)
The certified technical teacher documents(7)
The certified technical teacher of the training program and facility staff continuously monitorSection 7.
Agreements with Local School Districts.(1)
DJJ shall have an agreement with the school district servicing juvenile detention centers, youth development centers, and group homes that includes the following:(a)
Educational services shall be provided on an open entry-open exit basis;(b)
Education and treatment shall be an integral part of the juvenile's instructional plan;(c)
Education and treatment schedules shall be coordinated for the benefit of the juvenile;(d)
Work programs for juveniles shall not interfere with educational programming; and(e)
Disciplinary measures shall not interfere with educational programming, except if there is substantial evidence to justify otherwise.(2)
DJJ may provide training for school district and technical education staff on DJJ policies and procedures, includingSection 8.
Individual Learning Plan, Individual Education Plan, and Individual Treatment Plan.(1)
The results of educational and vocational assessments shall be used as a basis for the initial development, and periodic review and revision, of an integrated ILP, Individual Education Plan if applicable, Individual Treatment Plan, and aftercare plan.(2)
DJJ and school district staff shall participate jointly in the development, review, and revision of a juvenile's ITP, ILP, IEP if applicable, and aftercare plan.(3)
The ILP and IEP, ifSection 9.
Educational Disability. If a DJJ staff person suspects a juvenile may have an educational disability, the local school district's director of special education shall be notified as soon as practicable.Section 10.
Behavior and Discipline.(1)
Discipline of juveniles at detention centers and YDCs shall be in accordance with 505 KAR 1:400. Discipline of group home juveniles during school activities shall be in accordance with local school board procedures and 505 KAR 1:400.(2)
A juvenile in a detention center or YDC who demonstrates behavior so disruptive that the juvenile is(3)
A juvenile in a group home who demonstrates behavior so disruptive that the juvenile is(4)
If a juvenile is removed from the classroom, the juvenile shall be given assignments to work on individually.Section 11.
Educational and Vocational Records in Detention Centers and YDCs.(1)
A person, including education personnel, authorized to obtain records pursuant to KRS Chapters 600 to 645, shall not obtain or attempt to obtain records to which the person is(2)
A person, including education personnel, not authorized to obtain records pursuant to KRS Chapter 600 to 645, shall not obtain or attempt to obtain records that are made confidential pursuant to KRS Chapters 600 to 645, except upon proper motion to a court of competent jurisdiction.(3)
A person shall not destroy or attempt to destroy any record that is required to be kept unless the destruction is permitted by state law and is authorized by the court upon proper motion and good cause for the destruction being shown.(4)
Release of the juvenile's record, including behavior management, medical, dental, mental, or psychological reports, shall be prohibited unless presented as evidence in court in accordance with the law. A person, including school personnel, shall not disclose any report or information contained therein except as permitted by law or specific order of the court.HISTORY: (50 Ky.R. 1089; eff. 3-5-2024.)
VICKI REED, Commissioner
APPROVED BY AGENCY: October 12, 2023
FILED WITH LRC: October 12, 2023 at 3:15 p.m.
CONTACT PERSON: Amy Barker, Assistant General Counsel, Justice & Public Safety Cabinet, 125 Holmes Street, Frank-fort, Kentucky 40601, phone (502) 564-3279, fax (502) 564-6686, email Justice.RegsContact@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Amy Barker
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation establishes requirements to ensure that education is provided to juveniles in the department’s custody.
(b) The necessity of this administrative regulation:
This administrative regulation meets statutory authorization or requirements in KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 for administrative regulations.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
KRS 15A.065(1), 15A.0652, 15A.067, 15A.160, 605.150, 635.095, and 640.120 authorize the Justice and Public Safety Cabinet and the Department of Juvenile Justice to promulgate administrative regulations for the proper administration of the cabinet and its programs.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
The regulation provides direction and information to department staff and juveniles concerning staff duties and the procedures that govern operations of facilities with juveniles in the custody of the department.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
Not applicable
(c) How the amendment conforms to the content of the authorizing statutes:
Not applicable
(d) How the amendment will assist in the effective administration of the statutes:
Not applicable
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This affects approximately 632 DJJ employees, 348 juveniles, and their families.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
DJJ staff and juveniles will have to follow the requirements for education.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
The administrative regulation will assist in the effective and orderly management of the department and its facilities.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(b) On a continuing basis:
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
DJJ budgeted funds for the biennium.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
An increase in funding is not anticipated.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does not establish any fee.
(9) TIERING: Is tiering applied?
No. Tiering was not appropriate in this administrative regulation because the administrative regulation applies equally to all those individuals or entities regulated by it.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
Department of Juvenile Justice
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 15A.065, 15A.0652, 15A.067, 15A.160, 15A.305, 200.080-200.120, 605.150, 635.095, 640.120, 645.250, Chapters 600-645
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
This administrative regulation will not create any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not create any revenue.
(c) How much will it cost to administer this program for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost to administer this program for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
This administrative regulation is not anticipated to generate any cost savings.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
This administrative regulation is not anticipated to generate any cost savings.
(c) How much will it cost the regulated entities for the first year?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
(d) How much will it cost the regulated entities for subsequent years?
An exact cost of compliance is unknown, but it is not anticipated that this administrative regulation will increase current costs.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] A major economic impact to the agency is not anticipated.