Educational Services for Students Awaiting Trial as an Adult

With the passage of SB10-054 and pursuant to 22-32-141 C.R.S., if a juvenile is held in a jail or other facility for the detention of adult offenders pending criminal proceedings as an adult, the school district in which the jail or facility is located shall provide educational services for the juvenile upon request of the official in charge of the jail or facility.  Further, school districts providing educational services to eligible juveniles pursuant to this statute may be entitled to per pupil and additional funding, as applicable.

• County jails are required to notify the designated school district contact person that a juvenile awaiting trial as an adult may need educational services. C.R.S. 22-32-141(2)(a).

Student Criteria

In order to be considered for per pupil and additional funding pursuant to this statute, the following criteria of the juvenile must be met:

• Against whom criminal charges are directly filed in district court pursuant to section 19-2.5-801 or for whom criminal charges are transferred to district court pursuant to section 19-2.5-802; and
• Who is under 18 years of age at the time the offense is committed; and
• Who is less than 21 years of age; and
• Who has not yet graduated from high school or received a general education development certificate UNLESS otherwise required by the federal IDEA (Individuals with Disabilities Education) act.
  • ​Under federal and state law, youth with disabilities detained in county jails are entitled to special education and related services to meet their needs and prepare them for further education, employment, and independent living. 34 C.F.R. § 300.1 School districts share the responsibility for providing educational services to detained youth with local juvenile and adult detention centers, including county jails. 34 C.F.R. § 300.2(b).
  • For more information regarding requirements for providing services for juveniles with disabilities, visit: https://www.cde.state.co.us/cdesped/specialeducationcountyjailsfactsheet

Funding Options

Districts providing educational services to students as described above are eligible for per pupil funding as follows:

• If the school district is providing educational services to the juvenile as of the pupil enrollment count date, the school district may include the student in its funded pupil count; or
• If the school district begins providing educational services to the juvenile after the pupil enrollment count date,
  • The school district may seek reimbursement for the costs incurred from the school district or charter school that included the juvenile in its funded pupil count- prorated for the period of time for which the school district requesting reimbursement provides educational services (not to exceed the reimbursing school district or charter school’s per pupil revenue for the applicable school year); or
  • If the juvenile was not included in any school district or charter school’s funded pupil count as of the pupil enrollment count date, the school district may seek reimbursement from the department of education- prorated for the period of time for which the school district requesting reimbursement provides educational services (not to exceed the state average per pupil revenue for the applicable school year)

In addition to per pupil funding as described above, a school district that provides educational services shall receive from the department of education an amount equal to the daily rate established pursuant to section 22-54-129 for educational services provided by approved facility schools.

Requests for Reimbursement (Per Pupil Revenue and Additional Funding)

To request consideration for funding as described above, a district providing educational services for a qualifying juvenile held in a jail or other facility for the detention of adult offenders pending criminal proceedings as an adult must:

1. Complete the “Intent to Request Funding” form.
2. Upload the completed form to the corresponding county jail Syncplicity folder
3. Email lucero_y@cde.state.co.us notifying a completed "Intent to Request Funding" form has been uploaded to Syncplicity.

Upon receipt, the School Finance Unit will process the request and determine eligibility within 10 business days.  Districts and jails will receive confirmation and next steps via email.