File No. 33054
This rule was published in the November 1, 2009, issue (Vol. 2009, No. 21) of the Utah State Bulletin.
Education Programs for Students with Disabilities
Notice of Proposed Rule
DAR File No.: 33054
Filed: 10/14/2009 02:55:09 PM
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The changes provide updated and corrected dates and citations and remove outdated language.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:
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 The changes to the rule merely provide updated and corrected dates and citations and remove outdated language.
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 The changes to the rule merely provide updated and corrected dates and citations and remove outdated language.
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 The changes to the rule merely provide updated and corrected dates and citations and remove outdated language and do not relate to businesses.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 The changes to the rule merely provide updated and corrected dates and citations and remove outdated language.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 The changes to the rule merely provide updated and corrected dates and citations and remove outdated language.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
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 firstname.lastname@example.org
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:
This rule may become effective on:
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] 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
: Education of the Handicapped Act, 20 U.S.C., Chapter 33,
Section 1401 et seq. as amended by Public Law 102-119; and]
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;
The State Board of Education ]R277-750[ , "]
State Board of Education Special Education Rules,
" June, 2000 including the following
appendices: (a) Appendix A, Utah Specialist Education Law (UCA
(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
(e) Appendix E, Vocational Rehabilitation Services,
(f) Appendix F, Selection of Least Restrictive Behavioral
Interventions for Use with Students with Disabilities, June,
(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]
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)
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2009/b20091101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Carol Lear at the above address, by phone at 801-538-7835, by FAX at 801-538-7768, or by Internet E-mail at email@example.com.