(a) The department of education shall develop rules to be adopted by the state board of education to ensure students incarcerated in detention centers licensed by the department of children's services under § 37-5-502 are provided educational services by an LEA serving the county in which the detention center is located.
(b) The rules developed under this section shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall include, at a minimum, procedures for:
(1) The funding in an amount equal to the per pupil state and local funds received by the LEA in which the student was enrolled at the time of incarceration on a prorated daily basis for the length of the student's incarceration to be used for the student's education;
(2) The prompt transfer of the incarcerated student's educational records, including transcripts, from the LEA in which the student was enrolled at the time of incarceration to the LEA in which the detention center is located; and
(3) Providing instruction to students incarcerated in detention centers for a minimum of four (4) hours each instructional day.
(c) The department of education shall monitor the educational services provided to students incarcerated in detention centers.
(d) The department of children's services shall ensure that detention centers licensed under § 37-5-502 comply with any rules adopted by the state board of education pursuant to this section.
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