TITLE 46

MILITIA AND MILITARY AFFAIRS

CHAPTER 8

MISCELLANEOUS AND GENERAL PROVISIONS

46-805.  Youth challenge program. 

(1)  (a) There is hereby established the Idaho youth challenge program, a multiphased youth intervention program. The program will provide, among other things, a structured, disciplined residential phase of at least twenty-two (22) weeks focusing on education and practical life skills and a post-residential phase of at least twelve (12) months involving skilled and trained mentors supporting graduates and engaged in positive and durable placement of graduates. The youth challenge program shall be focused on assisting participants in achieving a high school diploma or obtaining a general equivalency diploma (GED) and helping to ensure that participants become productive members of society.

(b)  The program shall be eligible to receive and expend any moneys provided to the program including, but not limited to, private contributions, federal funds and state alternative school funding. In the event that moneys for any fiscal year are inadequate to fund the youth challenge program, the program shall be discontinued. The decision to discontinue the program due to inadequate funding shall be made by the legislature and the governor in a joint letter provided to the adjutant general and signed by the governor, the president pro tempore of the senate and the speaker of the house of representatives.

(2)  The youth challenge program shall be administered by the state adjutant general in conjunction with:

(a)  The board of trustees of an appropriate school district of this state; or

(b)  A governing board, the members of which shall be nominated by the adjutant general and appointed by the governor.

(3)  The program and all program participants shall be governed by all applicable laws, regulations, and guidelines, including but not limited to 32 U.S.C. 509.

(4)  (a) In order to be eligible to participate in the program, applicants shall:

(i)   Be between the ages of sixteen (16) and eighteen (18) years on the first day of the residential phase. Applicants who are fifteen (15) years old and who will turn sixteen (16) years old during the residential phase may attend if approved by the program director, but such applicants must be enrolled in a high school credit recovery track to allow for their eventual return to high school;

(ii)  Be a citizen or legal resident of the United States;

(iii) Be a resident of the state of Idaho;

(iv)  Be physically and mentally capable to participate in the program in which enrolled with reasonable accommodation for physical and other disabilities;

(v)   Receive a physical examination in conjunction with their enrollment into the program. Such examination must be sufficient to reach a conclusion as to the participant’s ability to complete the program with reasonable accommodation only for physical and other disabilities. The examination may also include testing for substance abuse and pregnancy insofar as directed by department of defense instructions and insofar as such testing does not conflict with state law;

(vi)  Be a high school dropout. A high school dropout is an individual who is no longer attending any school and who has not yet received a secondary school diploma or certificate from a program of equivalency for such diploma;

(vii) Be unemployed or underemployed at the time an application is submitted;

(viii) Not be currently on parole or probation for anything other than juvenile status offenses or misdemeanors;

(ix)  Not be under indictment or charged with or convicted of a crime that is considered a felony when charged as an adult;

(x)   Be free from use of illegal substances and the illegal use of substances; and

(xi)  Meet any other criteria applicable to the program as established by federal law, regulation, or agency instruction.

(b)  Applicants shall be selected for the program by the youth challenge program board of admissions. Such board shall be appointed by the adjutant general.

(5)  The adjutant general is authorized to enter into contracts and to promulgate rules to implement the provisions of this section.

(6)  The school district where the youth challenge program is located may take steps to have the youth challenge program be considered and designated as an alternative school.

History:

[46-805, added 2011, ch. 322, sec. 1, p. 938; am. 2012, ch. 234, sec. 1, p. 651; am. 2015, ch. 302, sec. 4, p. 1187; am. 2022, ch. 142, sec. 1, p. 513.]