Utah Admin. Code R277-751-3 - Determining Eligibility
(1) A student is
eligible for ESY if the student's IEP team has determined, based upon a review
of multiple data sources and factors that the student:
(a) is eligible under Board special education
rules and Part B of the IDEA; and
(b) requires an ESY to receive a
FAPE.
(2) A student's IEP
shall reflect the student's IEP team's decision regarding need for ESY
services.
(a) An LEA shall provide a student's
parents or an adult student with prior written notice of the LEA's proposal or
refusal to provide ESY services.
(b) A student's IEP team shall determine the
appropriate ESY services for an eligible student, based on the student's
individual needs.
(3) ESY
eligibility decisions and prior written notice of ESY services shall be
provided to a student's parents or an adult student in sufficient time to
permit accessing dispute resolution options outlined in the procedural
safeguards, in the event of a dispute.
Notes
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