Education, Administration

Rule R277-750

Education Programs for Students with Disabilities

Notice of Proposed Rule

(Amendment)

DAR File No.: 33054
Filed: 10/14/2009 02:55:09 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose for this rule amendment is to update the current dates and status of the Utah State Board of Education Special Education Rules.

Summary of the rule or change:

The changes provide updated and corrected dates and citations and remove outdated language.

State statutory or constitutional authorization for this rule:

• 53A-1-402(1)

This rule or change incorporates by reference the following material:

• Adds: 20 U.S.C. 1400 Individuals with Disabilities Education Improvement Act, 2004

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state budget. The changes to the rule merely provide updated and corrected dates and citations and remove outdated language.

local governments:

There are no anticipated costs or savings to local government. The changes to the rule merely provide updated and corrected dates and citations and remove outdated language.

small businesses:

There are no anticipated costs or savings to small businesses. The changes to the rule merely provide updated and corrected dates and citations and remove outdated language and do not relate to businesses.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. The changes to the rule merely provide updated and corrected dates and citations and remove outdated language.

Compliance costs for affected persons:

There are no compliance costs for affected persons. The changes to the rule merely provide updated and corrected dates and citations and remove outdated language.

Comments by the department head on the fiscal impact the rule may have on businesses:

I have reviewed this rule and I see no fiscal impact on businesses.

Larry K. Shumway, State Superintendent

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Education
Administration
250 E 500 S
SALT LAKE CITY, UT 84111-3272

Direct questions regarding this rule to:

• Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at carol.lear@schools.utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2009

This rule may become effective on:

12/08/2009

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-750. Education Programs for Students with Disabilities.

R277-750-2. Authority and Purpose.

A. This rule is authorized by Utah Constitution Article X, Section 3 which vests general control and supervision of public education in the Board, Section 53A-1-402(1) which directs the Board to adopt rules regarding [programs for students]services for persons with disabilities, Section 53A-15-301 which directs the Board to set standards for state funds appropriated for students with disabilities and Section 53A-1-401(3) which permits the Board to adopt rules in accordance with its responsibilities.

B. The purpose of this rule is to specify standards and procedures for special education programs.

 

R277-750-3. Standards and Procedures.

A. As its rules for programs for students with disabilities, the Board adopts and hereby incorporates by reference[:

Education of the Handicapped Act, 20 U.S.C., Chapter 33, Section 1401 et seq. as amended by Public Law 102-119; and]the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C., 1400.

B. The Board shall act in accordance with:

(1) Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. 794, incorporated by reference in R277-112;

(2) [The State Board of Education ]R277-750[, "];

(3) State Board of Education Special Education Rules, August 2007; and

(4) The annual Utah State Federal Application under Part B of the Individuals with Disabilities Education Act as amended in 2004.[" June, 2000 including the following appendices:

(a) Appendix A, Utah Specialist Education Law (UCA 53A-15-301-305),

(b) Appendix B, State Licensor Endorsements: Special Education, School Psychologist, School Social Workers, and Paraeducator qualifications Standards,

(c) Appendix C, Elementary and Secondary Program of Studies and High School Graduation Requirements,

(d) Appendix D, Coordination Council for Persons with Disabilities,

(e) Appendix E, Vocational Rehabilitation Services,

(f) Appendix F, Selection of Least Restrictive Behavioral Interventions for Use with Students with Disabilities, June, 2001; and

(3) Utah State Federal Application, as amended, for fiscal years 1993-1995, June 1992, under Part B of the Individuals with Disabilities Education Act, (20 U.S.C., Chapter 33, Section 1412) as amended by Public Law 102-119.]

C. Students with disabilities shall be entitled to dual enrollment consistent with Section 53A-11-102.5 and R277-438.

 

KEY: special education

Date of Enactment or Last Substantive Amendment: [December 5, 2001]2009

Notice of Continuation: September 6, 2007

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-1-402(1); 53A-17a-111; 53A-15-301; 53A-1-401(3)