DAR File No. 42703
This rule was published in the April 1, 2018, issue (Vol. 2018, No. 7) of the Utah State Bulletin.
Education, Administration
Rule R277-751
Special Education Extended School Year (ESY)
Notice of Proposed Rule
(Amendment)
DAR File No.: 42703
Filed: 03/15/2018 05:13:34 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes add that a free, appropriate public education may include post-secondary education in Utah.
Summary of the rule or change:
These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes add that a free, appropriate public education may include post-secondary education in Utah. It also clarifies that extended school year (ESY) eligibility decisions and written prior notice of ESY services shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute.
Statutory or constitutional authorization for this rule:
- Subsection 53E-3-501(1)(c)(vi)(A)
- Art X, Sec 3
- Subsection 53E-3-401(4)
Anticipated cost or savings to:
the state budget:
These rule changes are not estimated to have a fiscal impact on the state budget because it deals with extended school year for special education and does not require any expenditures.
local governments:
These rule changes are not estimated to have a fiscal impact on local governments because it deals with extended school year for special education and does not require any expenditures.
small businesses:
These rule changes are not estimated to have a fiscal impact on small businesses because it deals with extended school year for special education and does not require any expenditures.
persons other than small businesses, businesses, or local governmental entities:
These rule changes are not estimated to have a fiscal impact on persons other than small businesses, businesses, or local government entities because it deals with extended school year for special education and does not require any expenditures.
Compliance costs for affected persons:
There are no compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
These rule changes are not estimated to have a fiscal impact. There are 1,226 entities with a NAICS code 611110 operating in Utah according to a "Firm Find Data" search through Utah's Department of Workforce Services. Most of the entities in the list are public entities e.g. Alpine Board of Education, Canyons School District, Cache High School, etc. These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with extended school year for special education and does not require any expenditures or generate any revenues for large businesses. This rule was due for its five-year review and continuation. The Utah State Board of Education (USBE) has reviewed this rule and determined that it continues to be necessary. These rule changes add that a free, appropriate public education may include post-secondary education in Utah. It also clarifies that extended school year (ESY) eligibility decisions and written prior notice of ESY services shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute. These rule changes provide technical, conforming, and stylistic changes in accordance with the Rulewriting Manual for Utah and Board policies. These rule changes are not expected to have a fiscal impact on LEAs either as it mainly provides technical and stylistic changes and does not alter existing practice.
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:
EducationAdministration
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:
05/01/2018
This rule may become effective on:
05/08/2018
Authorized by:
Angela Stallings, Deputy Superintendent, Policy and Communication
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
Fiscal Costs |
FY 2018 |
FY 2019 |
FY 2020 |
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Person |
$0 |
$0 |
$0 |
Total Fiscal Costs: |
$0 |
$0 |
$0 |
|
|
|
|
Fiscal Benefits |
|
|
|
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Benefits: |
$0 |
$0 |
$0 |
|
|
|
|
Net Fiscal Benefits: |
$0 |
$0 |
$0 |
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non - Small Businesses are described below.
Appendix 2: Regulatory Impact to Non - Small Businesses
These proposed rule changes are not expected to have any fiscal impact on large businesses' revenues or expenditures because it deals with extended school year for special education and does not require any expenditures of or generate any revenues for large businesses.
The Assistant Superintendent of Financial Operations at the Utah State Board of Education, Natalie Grange, has reviewed and approved this fiscal analysis.
R277. Education, Administration.
R277-751. Special Education Extended School Year (ESY).
R277-751-[2]1. Authority and Purpose.
[A.](1) This rule is authorized [under]by:
(a) Utah Constitution Article X, Section 3, which vests general control and supervision of public
education in the Board[,];
(b) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law;
(c) Subsection [53A-1-402(1)(c)]53E-3-501(1)(c)(vi)(A), which directs the Board to adopt
rules regarding services to students with disabilities[and Section 53A-1-401(3) which allows the Board to adopt
rules in accordance with its responsibilities].
[B.](2) The purpose of this rule is to specify the standards for
the special education ESY.
R277-751-[1]2. Definitions.
[A. "Board" means the Utah State Board of
Education.
B.](1)(a) "Extended school year" or "[(]ESY[)]" means an extension of the school district
or charter school traditional school year to provide special
education and related services to a student with a disability, in
accordance with the student's IEP, and at no cost to the
student's parents.
(b) ESY services shall meet the standards of Part B of the [Individuals with Disabilities Education Act
(]IDEA[), 20 U.S.C. 1401(3)] and [the State ]Board [of Education ][S]special [E]education [R]rules.
[C.](2) "ESY services" means the individualized
education program provided by the school to a student with a
disability during the ESY.
[D.](3) "FAPE" means a free appropriate public
education, which:
(a) includes special education and related services that are provided at public expense, under public supervision and direction, and without charge;
(b) meets the standards of the [USOE]Board and Part B of the [Individuals with Disabilities Education Act
(]IDEA[), 20 U.S.C. 1401(3),];
(c) includes preschool, elementary school
, [and ]secondary school, and may include post-secondary education in Utah; and
(d) [are]is provided in conformity with an IEP that meets the
requirements of Part B of the IDEA and [Utah State ]Board [of Education ][S]special [E]education [R]rules.
[E. "IEP" means a written statement of an
individualized education program by an IEP team and developed,
reviewed, and revised in accordance with Utah State Board of
Education Special Education Rules and the Part B of the
IDEA.
F.](4) "IEP team" means a group of individuals that
is responsible for developing, reviewing, and revising an IEP for a
student with a disability.
[G.](5) "LEA" [means a local education agency which includes school
boards/public school districts, charter schools, and,]includes, for the purposes of this rule, the Utah Schools
for the Deaf and the Blind.
[H.](6)(a) "Procedural [S]safeguards" means the procedural rights designed to
protect the rights of students with disabilities and their
parents.
(b) [Requirements]
"Procedural safeguards are defined in IDEA and [Utah State ]Board [of Education ][S]special [E]education [R]rules, and include [the]a parent's right to:
(i) participate in meetings[,];
(ii) review educational records[,];
(iii) request an independent educational evaluation[,];
(iv) receive written prior notice of actions proposed or
refused by [the]an LEA[,]; and
(v) consent to evaluations and special education services.
(c)
"Procedural [S]safeguards
" also [describe]include dispute resolution options.
(7) "Recoupment means recover of basic behavioral or academic patterns, or both, or skills, specified in an IEP, to a level demonstrated prior to the interruption of educational programming.
[I.](8) "Regression" means reversion to a lower level
of functioning, evidenced by a decrease in the level of basic
behavioral or academic patterns, or both, or skills,
specified in an IEP, which occurs as a result of an
interruption in educational programming.[These behaviors or skills are specified on a student's
current IEP.]
[J. "Recoupment" means recovery of basic
behavioral or academic patterns, or both, or skills, specified on
the IEP, to a level demonstrated prior to the interruption of
educational programming.
K.](9) "Student with a disability" means a student
who meets eligibility criteria for special education and related
services, as defined in the [Utah State ]Board [of Education S]special [E]education [R]rules.[
L. "USOE" means the Utah State Office of
Education.]
R277-751-3. Determining Eligibility.
[A.](1) A student
is eligible for ESY
if the student's IEP team has determined, based upon a
review of multiple data sources and factors that the student[is]:
([1]a) [a student who has been determined as]is eligible under [Utah State ]Board [of Education S]special [E]education [R]rules and Part B of the IDEA; and
([2]b) [a student whose IEP team has determined, based upon a
review of multiple data sources and factors, on an individual
basis, an ESY is required]requires an ESY to receive
a FAPE.
[B.](2) [The]A student's IEP shall reflect the
student's IEP team's decision regarding need for ESY
services.
([1]a)
An LEA shall provide a student's [P]parents [shall be provided ]with written prior notice of
the LEA's proposal or refusal to provide ESY
services.
([2]b) [If determined as eligible for ESY services, the]A student's IEP team shall determine the appropriate ESY
services
for an eligible student, based on the student's
individual needs.
(3) ESY eligibility decisions and written prior notice of ESY services shall be provided to parents in sufficient time to permit accessing dispute resolution options of the Procedural Safeguards, in the event of a dispute.
R277-751-4. ESY Program Standards.
[A.](1) The primary goal for a student requiring ESY services is
to maintain the current level of the student's academic and
functional skills and behavior in areas identified by the
student's IEP in order to provide FAPE.
[B.](2) LEAs may not[:
(1) ] limit ESY to:
(a) particular categories of disabilities; [or]
(b) particular ages; or
(c) particular grade levels of students.
([2]3)
An LEA may not unilaterally limit the type, amount, or
duration of ESY services provided for students.
([3]4)
An LEA may not limit data consideration by IEP teams
exclusively to [only ]an analysis of regression and
recoupment.
[C.](5) An LEA[s] shall ensure that:
([1]a)
an ESY student
receives services [are provided] in the least restrictive
environment[.]; and
([2]b) ESY teachers and paraprofessionals meet [IDEA's highly qualified requirements]Board licensing rules.
R277-751-5. Division of Responsibilities.
[A.](1) The [duties of the Utah State Office of Education]Superintendent shall[include]:
[(1) monitoring ESY compliance through:]
(a)
conduct LEA program administrative reviews, such as Utah
Program Improvement Planning System
or [(]"UPIPS
"[)] monitoring;
(b) [requiring]require student attendance and membership accountability[.];
([2]c) [providing]provide technical assistance to LEAs;
([3]d) [collecting]collect data on:
([a]i) the number, disabilities, and levels of students
served;
([b]ii) the types of program delivery models used;
([c]iii) costs of the ESY services in LEAs;
and
([d]iv) program effectiveness.
([4]e) [developing]develop guidelines for LEAs.
[B.](2) [The duties of LEAs shall include]An LEA shall:
([1]a) [establishing]establish LEA procedures which are in accordance with Board
rules;
([2]b) [providing]provide professional development and on-site visits to
assure that Board and LEA procedures are appropriately understood
and implemented;
([3]c) [establishing]establish timelines to accomplish the purposes of this
rule;
([4]d) [analyzing]analyze LEA needs, reported by professionals, for ESY
services for individual, eligible students;
([5]e) [determining]determine LEA ESY services parameters based upon data
received from educators on individual, eligible students
, including[.]: [The parameters shall include]
(i) the personnel required to provide special education and
related services[,];
(ii) location of services[,]; and
(iii) budget specifications;
([6]f) [ensuring]ensure parents and professionals have received information
about dispute resolution procedures for the appeal of ESY
eligibility decisions and ESY services parameters;
and
([7]g) [implementing]implement processes to collect program effectiveness
data.
KEY: exceptional children, extended school year
Date of Enactment or Last Substantive Amendment: [June 7, 2013]2018
Notice of Continuation: April 8, 2013
Authorizing, and Implemented or Interpreted Law: Art X Sec
3;[53A-1-402(1)(c); 53A-1-401(3); 53A-17a-112(3)]53-3-401(4); 53E-3-501(1)(c)(vi)(A)
Additional Information
More information about a Notice of Proposed Rule is available online.
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/2018/b20180401.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 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. For questions about the rulemaking process, please contact the Office of Administrative Rules.