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72-53,109. School districts not required to provide incarcerated person with opportunity to attend school; exceptions.

72-53,109

Chapter 72.--SCHOOLS
Article 53.--MISCELLANEOUS PROVISIONS

      72-53,109.   School districts not required to provide incarcerated personwith opportunity to attend school; exceptions.(a) Subject to the provisions of subsection (b), no school districtshall be required to provide anyperson, who is 16 years of age or older, has been prosecuted as an adult,convicted of a crime, and incarcerated in a county jail or state correctionalinstitution, with an opportunity to attend school at a school facility operatedby the school district for the period of time the person is incarcerated, norshall any school district be required to provide any such person witheducational services at the county jail or state correctional institution inwhich the person is incarcerated.

      (b)   The provisions of subsection (a) do not apply to any person who isunder 21 years of age and who, immediately prior to conviction andincarceration, wasdetermined to be a child with a disability for whom anindividualized education program had been developed and effectuated underthe provisions of the specialeducationfor exceptional children act.

      History:   L. 1995, ch. 141, § 1;L. 1999, ch. 116, § 37; July 1.

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