Utah Administrative Code
Topic - Education
Title R277 - Administration
Rule R277-716 - Alternative Language Services for Utah Students
Section R277-716-4 - LEA Responsibilities
Universal Citation: UT Admin Code R 277-716-4
Current through Bulletin 2024-06, March 15, 2024
(1) An LEA that receives funds under Title III shall assure that the LEA has a written plan that:
(a) includes an identification process for students learning English,
including a Board approved home language survey and a language proficiency for program placement, that is
implemented with student registration;
(b) uses a Board approved
valid and reliable assessment of a student's English proficiency in:
(i)
listening;
(ii) speaking;
(iii) reading; and
(iv)
writing;
(c) provides an evidence-based language
instruction educational program based on Board approved English Language Proficiency Standards;
(d) uses the Board approved student exit criteria from ALS programs or
services; and
(e) includes the count of students learning
English, by classification, before July 1 of each year.
(2) Following receipt of Title III funds, an LEA shall:
(a) determine what type of Title III ALS services are available and
appropriate for each student identified in need of ALS services, including:
(i) dual immersion;
(ii) ESL
content-based; and
(iii) sheltered instruction;
(b) implement an approved language instruction educational
program designed to achieve English proficiency and academic progress of an identified student;
(c) ensure that all identified students learning English receive English
language instructional services in the least segregated environment, consistent with Subsection R277-716-4(1)(c);
(d) provide adequate staff development to assist a
teacher and staff in supporting students learning English; and
(e) provide necessary staff with:
(i)
curricular materials approved by the Instructional Materials Commission consistent with Rule R277-469; and
(ii) facilities for adequate and effective training.
(3) Following evaluation of student achievement and services, an LEA shall:
(a) analyze results and determine the program's
success or failure; and
(b) modify a program or services that are
not effective.
(4) An LEA shall have a policy to identify and serve students who qualify for services under IDEA, including:
(a) implementing procedures and training, consistent with federal
regulations and state special education rules, that ensure students learning English are not misidentified as
students with disabilities due to their inability to speak and understand English;
(b) reviewing the assessment results of a student's language proficiency in
English and other language before initiating evaluation activities, including selecting additional assessment
tools;
(c) conducting assessments for IDEA eligibility
determination and educational programming in a student's native language when appropriate;
(d) using nonverbal assessment tools when appropriate;
(e) ensuring that accurate information regarding a student's language
proficiency in English and another language is considered in evaluating assessment results;
(f) considering results from assessments administered both in English and
in a student's native language;
(g) ensuring that all required
written notices and communications with a parent who is not proficient in English are provided in the
parent's preferred language, including utilizing interpretation services; and
(h) coordinating the language instruction educational program and special
education and related services to ensure that the IEP is implemented as written.
(5) An LEA shall provide information and training to staff that:
(a) limited English proficiency is not a disability; and
(b) if there is evidence that a student with limited English proficiency
has a disability, the staff shall refer the student for possible evaluation for eligibility under
IDEA.
(6)
(a) An LEA
shall notify a parent who is not proficient in English of the LEA's required activities.
(b) A school shall provide information about required and optional school
activities in a parent's preferred language.
(c) An LEA shall
provide interpretation and translation services for a parent at:
(i)
registration;
(ii) an IEP meeting;
(iii) an SEOP meeting;
(iv) a
parent-teacher conference; and
(v) a student disciplinary
meeting.
(d) An LEA shall provide annual notice to a
parent of a student placed in a language instruction educational program within 30 days of the first day of
school.
(e) If a student has been identified as requiring ALS
services after the first month of school, the LEA shall notify the student's parent within ten school days of
the student's identification and placement.
(7) A required notice described in Subsection (6) shall include:
(a) the student's
English proficiency level;
(b) how the student's English
proficiency level was assessed;
(c) the status of the student's
academic achievement;
(d) the methods of instruction proposed to
increase language acquisition, including using both the student's native language and English if
necessary;
(e) specifics regarding how the methods of instruction
will help the child learn English and meet age-appropriate academic achievement standards for grade promotion
and graduation; and
(f) the specific exit requirements for the
program including:
(i) the student's expected rate of transition from the
program into a classroom that is not tailored for a student learning English; and
(ii) the student's expected high school graduation date if funds
appropriated consistent with this rule are used for a secondary school student.
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