Utah Admin. Code R277-800-4 - USDB or Student's District of Residence or Charter School as Designated LEA
(1) To be eligible
to receive free services from the USDB, a student must meet the requirements of
Section 53E-8-401.
(2)
(a) A
student's IEP or Section 504 accommodation plan shall determine a student's
placement at the USDB, in a district school or charter school.
(b) USDB shall limit its services for
students who are school-age to those on an IEP or Section 504 accommodation
plan.
(3) Consistent with
Subsection
53E-8-401(3), an
IEP team or Section 504 team shall determine the appropriate placement for each
blind, deaf, or deafblind student consistent with Board Special Education Rules
incorporated by reference in Section
R277-750-2.
(4)
(a) It
is the responsibility of the student's district of residence or charter school
to conduct Child Find, and to convene the initial IEP or Section 504 team
meeting to determine a student's placement.
(b) A student's initial IEP or Section 504
accommodation plan meeting shall include a representative from the student's
district of residence or charter school and a representative from the
USDB.
(5)
(a) If USDB is the designated LEA for a
student, USDB has full responsibility for all services defined in the student's
IEP or Section 504 accommodation plan.
(b) Notwithstanding USDB's designation as LEA
for a student, a representative from the district of residence or charter
school remains a required member of the IEP or Section 504 accommodation plan
team.
(6) If a district
of residence or charter school is the LEA designated to provide services to a
student with an IEP or Section 504 accommodation plan, the district of
residence or charter school has the responsibility for providing instruction
and services for the student except that the USDB:
(a) may be designated by the team as a
related service provider; and
(b)
remains a required member of the student's IEP or 504 accommodation plan
team.
(7) A student's IEP
or Section 504 accommodation plan shall clearly define what services are to be
provided by a related service provider.
(8) The IEP or Section 504 accommodation plan
team shall determine the designated LEA for student placement.
(9) If a parent is dissatisfied with a
student's placement at USDB, the student's district of residence, or charter
school, the parent may access dispute resolution procedures, consistent with
Utah State Board of Education Special Education Rules, adopted by the Board in
Section R277-750-2
(10) If a student's IEP or Section 504
accommodation plan provides for services to be provided by both the USDB and
the student's district of residence, or for the USDB and district of residence
to share responsibility for serving a student, a parent may access dispute
resolution procedures consistent with Utah State Board of Education Special
Education Rules, adopted by the Board in Section
R277-750-2.
Notes
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