(1) (a) The state board is directly responsible for the education of all individuals who are: (i) (A) younger than 21 years old; or (B) eligible for special education services as described in Chapter 7, Part 2, Special Education Program; and (ii) (A) receiving services from the Department of Human Services; (B) in the custody of an equivalent agency of a Native American tribe recognized by the United States Bureau of Indian Affairs and whose custodial parent resides within the state; or (C) being held in a juvenile detention facility. (b) The state board shall make rules to provide for the distribution of funds for the education of individuals described in Subsection (1)(a).

(a) The state board is directly responsible for the education of all individuals who are: (i) (A) younger than 21 years old; or (B) eligible for special education services as described in Chapter 7, Part 2, Special Education Program; and (ii) (A) receiving services from the Department of Human Services; (B) in the custody of an equivalent agency of a Native American tribe recognized by the United States Bureau of Indian Affairs and whose custodial parent resides within the state; or (C) being held in a juvenile detention facility.

(i) (A) younger than 21 years old; or (B) eligible for special education services as described in Chapter 7, Part 2, Special Education Program; and

(A) younger than 21 years old; or

(B) eligible for special education services as described in Chapter 7, Part 2, Special Education Program; and

(ii) (A) receiving services from the Department of Human Services; (B) in the custody of an equivalent agency of a Native American tribe recognized by the United States Bureau of Indian Affairs and whose custodial parent resides within the state; or (C) being held in a juvenile detention facility.

(A) receiving services from the Department of Human Services;

(B) in the custody of an equivalent agency of a Native American tribe recognized by the United States Bureau of Indian Affairs and whose custodial parent resides within the state; or

(C) being held in a juvenile detention facility.

(b) The state board shall make rules to provide for the distribution of funds for the education of individuals described in Subsection (1)(a).

(2) Subsection (1)(a)(ii)(B) does not apply to an individual taken into custody for the primary purpose of obtaining access to education programs provided for youth in custody.

(3) The state board shall, where feasible, contract with school districts or other appropriate agencies to provide educational, administrative, and supportive services, but the state board shall retain responsibility for the programs.

(4) The Legislature shall establish and maintain separate education budget categories for youth in custody or who are under the jurisdiction of the following state agencies: (a) detention centers and the Divisions of Juvenile Justice Services and Child and Family Services; (b) the Division of Substance Abuse and Mental Health; and (c) the Division of Services for People with Disabilities.

(a) detention centers and the Divisions of Juvenile Justice Services and Child and Family Services;

(b) the Division of Substance Abuse and Mental Health; and

(c) the Division of Services for People with Disabilities.

(5) (a) The Department of Human Services and the state board shall appoint a coordinating council to plan, coordinate, and recommend budget, policy, and program guidelines for the education and treatment of persons in the custody of the Division of Juvenile Justice Services and the Division of Child and Family Services. (b) The Department of Human Services and the state board may appoint similar councils for those in the custody of the Division of Substance Abuse and Mental Health or the Division of Services for People with Disabilities.

(a) The Department of Human Services and the state board shall appoint a coordinating council to plan, coordinate, and recommend budget, policy, and program guidelines for the education and treatment of persons in the custody of the Division of Juvenile Justice Services and the Division of Child and Family Services.

(b) The Department of Human Services and the state board may appoint similar councils for those in the custody of the Division of Substance Abuse and Mental Health or the Division of Services for People with Disabilities.

(6) A school district contracting to provide services under Subsection (3) shall establish an advisory council to plan, coordinate, and review education and treatment programs for individuals held in custody in the district.