DAR File No. 40678

Education, Administration

Rule R277-750

Education Programs for Students with Disabilities

Notice of Proposed Rule

(Amendment)

DAR File No.: 40678
Filed: 08/15/2016 07:47:54 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R277-750 is amended to incorporate the Special Education Rules Manual into the Rule R277-750 and update the rule consistent with the Administrative Rules drafting manual.

Summary of the rule or change:

The amendments to Rule R277-750 incorporate the Special Education Rules Manual by reference, provide an updated revision date of the manual, and provide technical and conforming changes.

Statutory or constitutional authorization for this rule:

• Art X, Sec 3
• Title 53A, Chapter 15, Part 3
• Section 53A-1-401
• Subsection 53A-1-402(1)

This rule or change incorporates by reference the following material:

• Updates Special Education Rules Manual, published by Utah State Board of Education, August 12, 2016

Anticipated cost or savings to:

the state budget:

The amendments to Rule R277-750 incorporate the Special Education Rules Manual by reference and provide technical and conforming changes, which likely will not result in a cost or savings to the state budget.

local governments:

The amendments to Rule R277-750 incorporate the Special Education Rules Manual by reference and provide technical and conforming changes, which likely will not result in a cost or savings to local government.

small businesses:

The amendments to Rule R277-750 incorporate the Special Education Rules Manual by reference and provide technical and conforming changes, which likely will not result in a cost or savings to small businesses.

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

The amendments to Rule R277-750 incorporate the Special Education Rules Manual by reference and provide technical and conforming changes which likely will not result in a cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

The amendments to Rule R277-750 incorporate the Special Education Rules Manual by reference and provide technical and conforming changes, which likely will not result in any compliance costs for affected persons.

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

To the best of my knowledge, there should be no fiscal impact on businesses resulting from the amendments to this rule.

Sydnee Dickson, State Superintendent

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

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

Direct questions regarding this rule to:

• Angela Stallings at the above address, by phone at 801-538-7656, by FAX at 801-538-7768, or by Internet E-mail at angie.stallings@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:

10/03/2016

This rule may become effective on:

10/10/2016

Authorized by:

Angela Stallings, Associate Superintendent, Policy and Communication

R277. Education, Administration.

R277-750. Education Programs for Students with Disabilities.

[R277-750-1. Definitions.

"Board" means the Utah State Board of Education.]

 

R277-750-[2]1 . Authority and Purpose.

[A.](1) This rule is authorized by :

(a) Utah Constitution Article X, Section 3 , which vests general control and supervision [of]over public education in the Board[,];

(b) Subsection 53A-1-402(1) , which directs the Board to adopt rules regarding services for persons with disabilities[, Section 53A-15-301 which directs the Board to set standards for state funds appropriated for students with disabilities];

(c) Title 53A, Chapter 15, Part 3, Education of Children with Disabilities, which requires the Board to adopt rules regarding educational services to students with disabilities; and

(d) Section 53A-1-401[(3)] which [permits]allows the Board to [adopt rules in accordance with its responsibilities]make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

[B.](2) The purpose of this rule is to specify standards and procedures for special education programs.

 

R277-750-2. Incorporation of Special Education Rules Manual by Reference.

(1) This rule incorporates by reference the Special Education Rules manual dated August 12, 2016, which establishes policies and procedures for:

(a) appropriate and timely identification of a student with a disability;

(b) evaluation and classification of a student with a disability by qualified personnel;

(c) standards for services provided to a student with a disability;

(d) provision for multi-district programs for a student with a disability;

(e) provision for delivery of service responsibilities;

(f) certification and qualifications for instructional staff; and

(g) the state's implementation of federal special education programs, including IDEA.

(2) A copy of the manual is located at:

(a) http://www.schools.utah.gov/sars/Laws.aspx; and

(b) the Utah State Board of Education.

 

R277-750-3. Standards and Procedures.

[A.](1) [As its rules for programs for students with disabilities, t]The Board adopts and hereby incorporates by reference the Individuals with Disabilities Education Improvement Act of 2004, 20 U.S.C., 1400 as the Board's rules for students with disabilities.

[B.](2) The [Board]Superintendent and LEAs shall [act]provide services to a student with a disability in accordance with:

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

([2]b) [R277-750]this rule;

([3]c) [State Board of Education]the Special Education Rules, August 201[3]6, included in the Special Education Rules manual described in R277-750-2; and

([4]d) [T]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: [October 8, 2013]2016

Notice of Continuation: August 14, 2012

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