(1) A detention facility licensed by the department shall provide each youth detained for 10 or more consecutive days with the opportunity for education.

(2) A licensed facility must have written policies and procedures governing education which include at a minimum:

(a) An educational policy for the facility that provides the youth with:

(i) educational rights under Montana and federal law, including the Individuals with Disabilities Education Act; and

(ii) the opportunity to participate in an educational program. At the discretion of the facility, this program may be provided in conjunction with cooperating school districts or may be provided by the facility.

(b) A description of the facility's procedures for:

(i) obtaining youths' prior educational records;

(ii) assessing youths' educational needs;

(iii) providing youth with educational programs appropriate to their knowledge, skills and abilities;

(iv) maintaining the youths' educational records while at the facility; and

(v) transferring records to educational agencies when requested.

(c) A description of the education release policy, if any.

(d) A description of the in-facility education services, location, materials, teaching staff, etc., if no education release policy exists.