Current through Bulletin 2024-06, March 15, 2024
(1)
(a) If a student wishes to receive services
under Section 504 of the Rehabilitation Act of 1973, the student shall make a
request with either the student's primary school of enrollment or a
provider.
(b) Responsibility for
ensuring a request is evaluated in accordance with federal law, Utah Code, and
Board Rule resides with a primary school of enrollment.
(c) If a student's request for services is
initially directed to a provider, the provider shall immediately contact the
504 coordinator of the student's primary school of enrollment.
(d) Under the direction of the primary school
of enrollment where feasible, the student's primary school of enrollment and
the provider shall jointly evaluate a student's request under Subsection (1)(a)
and determine if the student is eligible for related aids, accommodations, and
services under Section 504.
(e) The
provider shall implement the Section 504 plan in accordance with Subsection
(1)(d).
(2) If a
student's request for services is initially directed to a provider and a good
faith effort at cooperation with the student's primary school of enrollment is
unsuccessful, the provider may determine student eligibility and provide
services.
(3) If a student with an
existing Section 504 plan for related aids, accommodations, or services newly
enrolls in online courses or requests amendments related to an existing plan
for related aids, accommodations, and services:
(a) the primary school of enrollment and the
provider shall jointly prepare a Section 504 plan in accordance with Subsection
(4); and
(b) the provider shall
implement the Section 504 plan and provide related aids, accommodations, and
services to the student in accordance with the student's Section 504
plan.
(4) To prepare or
amend a 504 plan for related aids, accommodations, and services under Section
504 of the Rehabilitation Act of 1973, the committee evaluating the student
shall:
(a) be drawn jointly from the student's
primary school of enrollment and the provider; and
(b) include persons knowledgeable about the
student, the meaning of the evaluation data, and placement options available in
a virtual environment.
(5) If a home or private school student
requests services under Section 504 of the Rehabilitation Act of 1973, a
provider may determine student eligibility, prepare a 504 plan for the home or
private school student's online program, and provide related aids,
accommodations, and services.
(6)
For a student enrolled in a primary LEA of enrollment, if a student
participating in the program qualifies to receive services under the IDEA:
(a) the student's primary LEA of enrollment
shall:
(i) working with a provider LEA
representative, review or develop an IEP for the student within ten days of
enrollment;
(ii) working with a
provider LEA representative, update an existing IEP with necessary
accommodations and services, considering the courses selected by the
student;
(iii) provide the IEP
described in Subsection (6)(a)(i) to the provider within 72 business hours of
completion of the student's IEP; and
(iv) continue to claim the student in the
primary LEA of enrollment's membership; and
(b) the provider shall provide special
education services and accommodations to the student in accordance with the
student's IEP described in Subsection (6)(a)(i).
(7) If a home or private school student
requests an evaluation for eligibility to receive special education services:
(a) the home or private school student's
resident school shall:
(i) evaluate the
student's eligibility for services under the IDEA;
(ii) if eligible, the student may enroll in
the LEA that will prepare an IEP for the student, with input from the provider
LEA, in accordance with the timelines required by the IDEA;
(iii) provide the IEP described in Subsection
(7)(a)(ii) to the provider within 72 business hours of completion of the
student's IEP; and
(b)
the provider shall provide special education services and accommodations to the
student in accordance with the student's IEP described in Subsection (7)(a)(i)
including in cases where the provider utilizes a third party provider for
delivery of educational or other services.
