Utah Admin. Code R277-726-8 - Services to Students with Disabilities and other Unique Learning Needs Participating in the Program
(1)
(a) If a student wishes to receive services
under Section 504 of the Rehabilitation Act of 1973, the student shall make a
request with either the student's primary school of enrollment or a
provider.
(b) Responsibility for
ensuring a request is evaluated in accordance with federal law, Utah Code, and
Board Rule resides with a primary school of enrollment.
(c) If a student's request for services is
initially directed to a provider, the provider shall immediately contact the
504 coordinator of the student's primary school of enrollment.
(d) Under the direction of the primary school
of enrollment where feasible, the student's primary school of enrollment and
the provider shall jointly evaluate a student's request under Subsection (1)(a)
and determine if the student is eligible for related aids, accommodations, and
services under Section 504.
(e) The
provider shall implement the Section 504 plan in accordance with Subsection
(1)(d).
(2) If a
student's request for services is initially directed to a provider and a good
faith effort at cooperation with the student's primary school of enrollment is
unsuccessful, the provider may determine student eligibility and provide
services.
(3) If a student with an
existing Section 504 plan for related aids, accommodations, or services newly
enrolls in online courses or requests amendments related to an existing plan
for related aids, accommodations, and services:
(a) the primary school of enrollment and the
provider shall jointly prepare a Section 504 plan in accordance with Subsection
(4); and
(b) the provider shall
implement the Section 504 plan and provide related aids, accommodations, and
services to the student in accordance with the student's Section 504
plan.
(4) To prepare or
amend a 504 plan for related aids, accommodations, and services under Section
504 of the Rehabilitation Act of 1973, the committee evaluating the student
shall:
(a) be drawn jointly from the student's
primary school of enrollment and the provider; and
(b) include persons knowledgeable about the
student, the meaning of the evaluation data, and placement options available in
a virtual environment.
(5) If a home or private school student
requests services under Section 504 of the Rehabilitation Act of 1973, a
provider may determine student eligibility, prepare a 504 plan for the home or
private school student's online program, and provide related aids,
accommodations, and services.
(6)
For a student enrolled in a primary LEA of enrollment, if a student
participating in the program qualifies to receive services under the IDEA:
(a) the student's primary LEA of enrollment
shall:
(i) forward a copy of an existing IEP
or relevant sections to a provider;
(ii) working with a provider LEA
representative, review and determine implementation of an IEP for the student
within a timeline consistent with IDEA requirements;
(iii) working with a provider LEA
representative, review and revise, as the IEP determines appropriate an
existing IEP with necessary accommodations and services, considering the
courses selected by the student;
(iv) provide the IEP described in Subsection
(6)(a)(i) to the provider within 24 business hours of completion of the
student's IEP or within a timeline consistent with IDEA requirements;
and
(v) continue to claim the
student in the primary LEA of enrollment's membership; and
(b) the provider shall provide special
education services and accommodations to the student in accordance with the
student's IEP.
(7) If a
home or private school student requests an evaluation for eligibility to
receive special education services:
(a) the
home or private school student's resident school shall:
(i) evaluate the student's eligibility for
services under the IDEA;
(ii) if
eligible, the student may enroll in the LEA that will prepare an IEP for the
student, with input from the provider LEA, in accordance with the timelines
required by the IDEA;
(iii) provide
the IEP described in Subsection (7)(a)(ii) to the provider within 72 business
hours of completion of the student's IEP; and
(b) the provider shall provide special
education services and accommodations to the student in accordance with the
student's IEP described in Subsection (7)(a)(i) including in cases where the
provider utilizes a third party provider for delivery of educational or other
services.
(8)
(a) A provider shall implement a Section 504
plan for an eligible student as directed by the primary LEA or school of
enrollment.
(b) If a student with
an existing Section 504 plan newly enrolls in online courses or requests
amendments to an existing plan, the primary school of enrollment and the
provider, working jointly, shall prepare a revised Section 504 plan, as
appropriate.
(c) If the student's
request for services is initially directed to a provider and a good faith
effort at cooperation with the student's primary school of enrollment is
unsuccessful, the provider may determine student eligibility and provide
services.
(d) When preparing or
amending a Section 504 plan, the evaluation committee shall include individuals
from the student's primary school of enrollment and the provider, including
persons knowledgeable about the student, the meaning of the evaluation data,
and placement options available in a virtual environment.
(9)
(a) A
provider shall administer a home language survey upon initial student
registration.
(b) If a provider
suspects that a student qualifies for alternative language services or other
Title III services, a provider shall contact the Title III Coordinator at the
student's primary LEA or primary school of enrollment.
(c) A provider shall implement an individual
learning plan as directed by the primary LEA or primary school of enrollment
for a student who is eligible for alternative language services of Title II
services.
(10) For a
student needing alternative language services, who is multilingual, an
immigrant, or a refugee:
(a) the provider and
the primary LEA or primary school of enrollment shall develop an individual
learning plan in cooperation with persons knowledgeable about the student, the
meaning of the evaluation data, and the placement options available for the
student in a virtual environment, which outline a student's current level of
ability, and identifies specific goals for future attainment, progress, and
exit criteria;
(b) the primary LEA
or primary school of enrollment shall identify the need for alternative
language services through administration of a home language survey and WIDA
testing; and
(c) the primary LEA or
primary school of enrollment shall administer a language instruction
Educational Program in which a student learning English is placed for
developing and attaining English proficiency, while meeting state
standards.
Notes
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