(1) For the purposes of this section, "custody" means, but is not limited to, time spent in a facility operated by the department of human services, facility school, psychiatric facility, or day treatment center. (2) The state board of education, in collaboration with the department and the division of youth services, the judicial department, interested stakeholders, and justice-engaged students and their families or caregivers, shall promulgate rules on or before August 1, 2025, to establish a process and to ensure that youth in custody have access to quality educational programs and receive credits for any work completed upon the youth's return to the traditional educational environment. The process and framework must be in place on or before August 30, 2025, and be included in the guidance required pursuant to section 22-108-104. Notwithstanding any other provision of this subsection (2), a local education provider retains the right to suspend or expel a justice-engaged student pursuant to sections 22-33-105 and 22-33-106.
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