DAR File No. 37930

Education, Administration

Section R277-750-3

Standards and Procedures

Notice of Proposed Rule

(Amendment)

DAR File No.: 37930
Filed: 08/14/2013 10:35:22 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is amended to change the revision date of the Utah State Board of Education Special Education rules.

Summary of the rule or change:

The revision date of the Utah State Board of Education Special Education rules is changed from August 2007 to August 2013.

State statutory or constitutional authorization for this rule:

• Subsection 53A-1-402(1)
• 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 revision date of the Utah State Board of Education Special Education rules is changed in Section R277-750-3.

local governments:

There is no anticipated cost or savings to local government. A revision date change to the Utah State Board of Education Special Education rules is not a cost/savings issue.

small businesses:

There is no anticipated cost or savings to small businesses. The amendment to 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. A revision date change to the Utah State Board of Education Special Education rules is not a cost/savings issue.

Compliance costs for affected persons:

There is no compliance cost for affected persons. A revision date change to the Utah State Board of Education Special Education rules does not have compliance costs.

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.

Martell Menlove, 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:

10/01/2013

This rule may become effective on:

10/08/2013

Authorized by:

Carol Lear, Director, School Law and Legislation

R277. Education, Administration.

R277-750. Education Programs for Students with Disabilities.

R277-750-3. Standards and Procedures.

A. As its rules for programs for students with disabilities, the Board adopts and hereby incorporates by reference 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) R277-750;

(3) State Board of Education Special Education Rules, August [2007]2013; and

(4) The annual Utah State Federal Application under Part B of the Individuals with Disabilities Education Act as amended in 2004.

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 8, 2009]2013

Notice of Continuation: August 14, 2012

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