File No. 36206
This rule was published in the June 1, 2012, issue (Vol. 2012, No. 11) of the Utah State Bulletin.
Utah Schools for the Deaf and the Blind
Notice of Proposed Rule
DAR File No.: 36206
Filed: 05/15/2012 03:29:01 PM
Purpose of the rule or reason for the change:
This rule is amended to make the rule consistent with H.B. 230, Utah Schools for the Deaf and the Blind Amendments, 2012 Legislative General Session.
Summary of the rule or change:
Changes included revisions to qualifications and duties of the USDB superintendent, and the addition of data collection and annual reporting on the performance and progress of current and past students who have received services from USDB.
State statutory or constitutional authorization for this rule:
- Section 53A-25B-201
- Subsection 53A-1-401(3)
Anticipated cost or savings to:
the state budget:
There is no anticipated cost or savings to the state budget. The qualifications and duties of the USDB Superintendent and USDB Advisory Council clarification do not result in a cost or savings.
There is no anticipated cost or savings to local government. The qualifications and duties of the USDB Superintendent and USDB Advisory Council clarifications do not result in a cost or savings to local education agencies.
There is no anticipated cost or savings to small businesses. This rule applies to public education and does not affect businesses.
persons other than small businesses, businesses, or local governmental entities:
There is no anticipated cost or savings to persons other than small businesses, businesses, or local government entities. The qualifications and duties of the USDB Superintendent and USDB Advisory Council clarifications do not result in a cost or savings.
Compliance costs for affected persons:
There are no compliance costs for affected persons. The qualifications and duties of the USDB Superintendent and USDB Advisory Council clarification do not result in a cost or savings.
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.
R277-800. Utah Schools for the Deaf and the Blind.
A. "Accessible media producer" means companies or agencies that create fully-accessible specialized, student-ready formats for curriculum materials, such as Braille, large print, audio, or digital books.
B. "Advisory Council" means the Advisory Council for the Utah Schools for the Deaf and the Blind with members, responsibilities, and other provisions under Section 53A-25b-203 and R277-800-4.
C. "Assessment" means the process of documenting, usually in measurable terms, knowledge, skills, attitudes and abilities pertaining to the fields of vision and hearing. These assessments may include the following areas of focus:
(1) valid, reliable and appropriate assessments given to determine eligibility for placement and services by a team of qualified professionals and the student's parent(s);
(2) functional assessments accomplished by observation and measurement of daily living skills and functional use of vision or hearing;
(3) academic evaluations as part of the Utah Performance Assessment System for Student (U-PASS), criterion reference tests (CRTs), or the Utah Alternative Assessment with appropriate accommodations as indicated on the individual education program (IEP).
D. "Board" means the Utah State Board of Education.
E]. "The Chafee Amendment to the Copyright Act, 17
U.S.C. Section 121" (Chafee Amendment) is a federal law that
allows an authorized entity to reproduce or distribute copyrighted
materials in specialized formats for students who are blind or have
other print disabilities without the need to obtain permission of
the copyright owner. Authorized entities are governmental or
nonprofit organizations that have a primary mission to provide
copyrighted works in specialized formats for students who are blind
or have other print disabilities.
F]. "Child Find" means activities and strategies
designed to locate, evaluate and identify individuals eligible for
services under the IDEA.
G]. "Consultation" means a meeting for discussion
or the seeking of advice.
H]. "Designated LEA" means the local education
agency assigned by a student's IEP or Section 504 team to have
primary responsibility for ensuring that all rights and
requirements regarding individual student assessment, eligibility
services and procedural safeguards are satisfied consistent with
the Individuals with Disabilities Education Act (IDEA) 20 U.S.C.
1400, Part B, or Section 504 of the Rehabilitation Act of 1973.
I]. "Deafblindness" or "deafblind" means
written verification provided by a medical professional stating
that an individual has concomitant hearing and visual impairments,
the combination of which causes such severe communication and other
developmental and educational needs that they cannot be
accommodated in special education programs solely for students with
deafness or students with blindness. The definition of
deafblindness also includes the provisions of 53A-25b-102 and
J]. "Educational Resource Center" (ERC) is a center
under the direction of the USDB that provides information,
technology, and instructional materials to assist Utah children
with sensory impairments in progressing in the curriculum. It is
also the mission of the ERC to facilitate access to materials,
information and training for teachers and parents of children with
K]. "Hearing impairment/deafness" ('hard of
hearing' for purposes of this rule) is defined as follows:
(1) Hearing impairment is an impairment in hearing, whether permanent or fluctuating, that adversely affects a
student's educational performance but that is not included under the definition of deafness.
(2) Deafness is a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification, and that adversely affects a student's educational performance.
L]. "Local education agency" (LEA) means an agency
that has administrative control and direction for public education.
School districts, charter schools, and the USDB are LEAs.
M]. "National Instructional Materials Access Center
(NIMAC) is a central national repository that receives file sets in
the NIMAS from publishers to maintain, catalogue and house for
future reference file sets for states to use with students who have
print disabilities and require accessible alternate formats.
N]. "National Instructional Materials Accessibility
Standard" (NIMAS) means the electronic standard that enables
all producers of alternate formats for students with print
disabilities to work from one standard format available from
publishers for this purpose.
O]. "Outreach program" is a program provided by the
USDB that offers an alternative to a campus-based program for
students who are blind or visually impaired, deaf or hard of
hearing, or deafblind (ages three to 22). Services are provided at
a student's resident school or at a designated school by a
qualified teacher of the blind or visually impaired, deaf or hard
of hearing, or deafblind.
P]. "Related services" means those supportive
services that are necessary for the appropriate implementation of
the IEP. These may include but are not limited to speech pathology,
audiology, low vision services, orientation and mobility, school
counselor, transportation, school nurse, occupational therapy, or
Q]. "Section 504 accommodation plan" required by
Section 504 of the Rehabilitation Act of 1973 means a plan designed
to accommodate an individual who has been determined, as a result
of an evaluation, to have a physical or mental impairment that
substantially limits one or more major life activities.
R]. "Technical assistance" means assistance to
public education employees or licensed educators, and parents and
families in significant areas of need by someone who has the
expertise necessary to give council and training in designated
S]. "USDB" means the Utah Schools for the Deaf and
T]. "USOE" means the Utah State Office of
U]. "Utah State Instructional Materials Access Center
(USIMAC) is a center that receives NIMAS electronic file sets and
produces them in the accessible alternate format required by
students with print disabilities.
V]. Visual impairment (including blindness) is an impairment
in vision that, even with correction, adversely affects a
student's educational performance. The term includes both
partial sight and blindness that adversely affects a student's
W]. "WPU" means weighted pupil unit, the basic unit
used to calculate the amount of state funds for which a school
district or charter school is eligible.
R277-800-2. 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-25b-203 which directs the Board to appoint Advisory Council members and assign a USOE staff member as a liaison between the Board and the Advisory Council, Section 53A-25b-302 which directs the Board to establish entrance policies and procedures to be considered, consistent with IDEA, for student placement recommendations at the USDB, Section 53A-25b-501 to establish USIMAC and outline collaboration and operating procedures for USIMAC and USDB resources, and Section 53A-1-401(3) which allows the Board to adopt rules in accordance with its responsibilities.
B. The purpose of this rule is to provide standards and procedures for the operation of the USDB and the USDB outreach programs and services.
R277-800-3. Board Authority Over and Support for USDB.
A. Consistent with Section 53A-25b-201, The Board is the governing board of the USDB.
B. The USDB superintendent, appointed consistent with Section 53A-25b-201(2), is subject to the direction of the Board and its executive officer, the State Superintendent of Public Instruction.
C. The Board shall appoint the USDB superintendent on the basis of outstanding qualifications.
(1) The USDB superintendent's term of office is for two years and until a successor is appointed and qualified.
(2) The Board shall set the USDB superintendent's compensation for services.
(3) The USDB superintendent shall have, at a minimum, an annual evaluation, as directed by the Board.
D. The Board shall direct the USOE to support, provide assistance and work cooperatively with the USDB in providing services to designated Utah students.
E. The Board shall assign a liaison [
as provided in Section 53A-25b-203(8)] to provide
appropriate supervision to the USDB to ensure compliance with the
F. The Board and USOE staff, as assigned, shall assist the USDB and its superintendent and associate superintendents in adopting policies and preparing an annual budget that are consistent with the law.
1]) The USDB superintendent and associates may hire staff and
teachers as needed for the USDB. Teachers and [ staff] shall be appropriately licensed[ ,] credentialed or
[ trained] for their specific assignments
2]) In employment practices and decisions, the USDB and the
USDB superintendent shall maintain the accreditation of the USDB
school and programs.
3]) The USDB superintendent and associates shall communicate
regularly and effectively with the USOE and provide a
report to the Board at least annually
or as requested by the Board.
R277-800-4. USDB Advisory Council.
A. The Board shall
support Advisory Council members as directed in Section [
B]. Advisory Council members shall be appointed for two year
terms and may serve no more than three consecutive terms. Advisory
Council members serve at the pleasure of the Board.
C]. If an Advisory Council member resigns or is asked to
resign, the Board shall appoint another member in a timely manner
by seeking nominations[
from the representative group of the resigning
D]. The Board shall assist the Advisory Council in developing
and passing by-laws establishing procedures for nominating and
recommending dismissal of Advisory Council members, and setting
ethical standards for Advisory Council members.
(1) The bylaws shall include operating procedures for the Advisory Council; and
(2) the bylaws may allow for representation on the Advisory Council of constituencies within the USDB community.
E]. Advisory Council membership and school community council
(1) Members of the Advisory Council may serve as school community council members under Section 53A-1a-108(4) and R277-491.
(2) The USDB school community council and election process shall be consistent with Section 53A-1a-108 and R277-491.
(3) The USDB may implement electronic voting and consider encouraging school community council participation through electronic meetings and technology that facilitate participation of parents of USDB students in voting and school community council meetings.
R277-800-5. USDB or Student's District of Residence/Charter School as Designated LEA.
A. To be eligible to receive services from the USDB, a student must be a resident of Utah and meet requirements of Section 53A-25b-301.
B. A student's placement at USDB, in a school/school district or charter school shall be determined by the student's IEP under IDEA or Section 504 accommodation plan.
C. Consistent with Section 53A-25b-301(3)(c), an IEP team or Section 504 team shall determine the appropriate placement for each blind, deaf or deafblind student consistent with IDEA using the Blind/Visually Impaired Guidelines, Deaf/Hard of Hearing Guidelines, or Deafblind Guidelines, as guidance. The USDB Guidelines are hereby incorporated by reference and included with this rule.
D. It is the responsibility of the student's district of residence or charter school to conduct Child Find under R277-800-1F, and to convene the initial IEP or Section 504 team meeting in order to determine a student's placement.
(1) A representative from the student's district of residence or charter school and a representative from the USDB shall be invited to the student's initial IEP or Section 504 accommodation plan meeting.
(2) The parental preference shall be considered in the IEP or Section 504 accommodation plan process consistent with Section 53A-25b-301(3)(c).
E. When USDB is the designated LEA, USDB has full responsibility for all services defined in the IEP/Section 504 accommodation plan. A representative from the district of residence or charter school remains a required member of the IEP or Section 504 accommodation team.
F. When the 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 may be designated by the team as a related service provider. The USDB remains a required member of the student's IEP or 504 accommodation plan team.
G. The IEP or Section 504 accommodation plan shall clearly define what services are to be provided by the related service provider(s).
H. The IEP or Section 504 team shall determine the designated LEA for student placement.
I. Parent complaints regarding student placement at district of residence or USDB:
(1) If a parent is dissatisfied with a student's placement at USDB or district of residence or charter school, the parent may access dispute resolution procedures, consistent with Utah State Board of Education Special Education Rules, August 2007.
(2) If a student's IEP or Section 504 accommodation plan provides for services to be provided by both the USDB and district of residence, or for the USDB and district of residence to share responsibility for serving a student, the parent may access dispute resolution procedures consistent with Utah State Board of Education Special Education Rules, August 2007.
R277-800-12. Utah State Instructional Materials Access Center (USIMAC).
A. The Board authorizes the establishment of the USIMAC to produce core instructional materials in alternative formats to ensure that all students with print disabilities qualified under the Chafee Amendment receive their materials in a timely manner.
B. The USIMAC shall provide materials for all students with print disabilities who are qualified under the Chafee Amendment or otherwise eligible through an IEP or Section 504 accommodation plan.
C. The USOE shall oversee the operations of the USIMAC.
D. The USDB is the fiscal agent and operates the USIMAC to the extent of funds received annually from the Utah Legislature.
E. LEAs may purchase accessible instructional materials using their own funding or request the production of accessible instructional materials in alternate formats from the USIMAC in accordance with established procedures to ensure timely access for students with print disabilities.
F. For LEA textbook requests submitted by April 1 of the preceding school year, the USIMAC shall provide the textbook in the requested alternate format by the beginning of the following school year.
G. The USDB ERC shall serve as the repository and distribution center for the USIMAC.
H. Operation of the USIMAC
(1) Qualifying students: A student qualifies for accessible instructional materials from USIMAC (Braille, audio, large print, digital formats) following LEA determination that the student has a print disability in accordance with the Chafee Amendment, IDEA, or Section 504 of the Rehabilitation Act.
(2) Costs for developing core instructional materials:
(a) Textbooks for blind, vision impaired or deafblind students served by the USDB or LEAs shall be requested by the LEA consistent with the student's IEP or Section 504 accommodation plan.
(b) When an LEA requests a core instructional textbook that was published before August 2006, the USIMAC shall conduct a search for the textbook within existing resources and, if available, the textbook shall be sent to the ERC for distribution to the LEA.
(i) If the textbook is not available within existing resources, the USIMAC will conduct a search to determine if the textbook is available for purchase through another source.
(ii) If the textbook is available through the American Printing House for the Blind (APH) the textbook shall be ordered and sent to the ERC for distribution to the LEA.
(iii) If the textbook is not available from APH, but is available from another accessible media producer, the textbook shall be purchased and sent to the ERC for distribution to the LEA.
(iv) If the textbook is not available for purchase, the USIMAC will produce the textbook and send it to the ERC for distribution.
(A) The USIMAC shall purchase the LEA-requested textbook in accordance with copyright law. The cost of the student edition textbook shall be charged to the requesting LEA.
(B) The USIMAC shall produce the textbook in the LEA requested alternate format in accordance with the cost sharing outlined in the Interagency Agreement described in R277-800-6.
(c) The sharing of costs for purchases
described in R277-800-12 shall be outlined in the Interagency
Agreement described in R277-800-6.[
The presumption is that the LEA shall pay 75 percent of the
cost and USIMAC shall pay 25 percent of the cost.]
(d) For textbooks published since August 2006, the USIMAC shall follow the same procedures outlined in R277-800-12H(2)(b). If the USIMAC is unable to obtain the NIMAS file set in a timely manner as a result of publisher negligence, the Board shall authorize USIMAC to seek damages from publisher(s) as a result of the failure to meet contract provisions.
(3) Textbook publishers required to meet NIMAS requirements:
(a) All approved textbook contracts for the state of Utah for instructional materials published since August 2006 shall include a provision for making NIMAS file sets available through the NIMAC in accordance with IDEA and USOE Instructional Materials Contract timelines.
(b) If the USIMAC is unable to obtain the NIMAS file set from the NIMAC because the publisher fails to provide the NIMAS file set to the NIMAC in accordance with IDEA and USOE Instructional Materials Contract timelines, the USIMAC shall bill the textbook publisher the difference in the cost of producing the alternate format textbook without benefit of the NIMAS file set.
(c) The publisher shall be advised of the rule; the Utah Instructional Materials Commission under R277-469 shall not approve textbooks and materials from publishers that have a pattern of not providing materials and textbooks for students with disabilities in a timely manner, consistent with the law and Board rules.
(d) Requests for audio books shall be
accessed through the USIMAC as appropriate or through [
the Recording for the Blind and Dyslexic (RFB and D) and
is] required for [ RFB and D and Bookshare and the request] is the responsibility of the LEA designated as
the responsible entity for serving the student in the IEP or
Section 504 accommodation plan.
KEY: educational administration
Date of Enactment or Last Substantive Amendment: [
December 8, 2009]
Notice of Continuation: July 23, 2009
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53A-25b-203; 53A-25b-302; 53A-25b-501; 53A-1-401(3)
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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.