Current through Bulletin 2024-06, March 15, 2024
(1)
(a) An LEA is the single point of entry for
USDB services for qualifying students.
(b) A qualifying student may not enroll in a
USDB program without a referral from an LEA.
(c) When evaluating services for a qualifying
student, an LEA and the USDB shall consider:
(i) primary disabilities;
(ii) secondary disabilities; and
(iii) other factors, including:
(A) transportation needs; and
(B) length of time the student would spend in
transport daily.
(2) Notwithstanding Subsection (1), a
qualifying student may enroll directly in USDB if:
(a) the student's previous primary
instruction was in American Sign Language; and
(b) USDB's program most closely matches the
qualifying student's prior program of instruction.
(3) A qualifying student may receive services
under:
(a) IDEA;
(b) Section 504; or
(c) a USDB preschool services plan.
(4) An LEA shall annually provide
to the Superintendent the name and contact information for any student with
vision loss or hearing loss, even if it isn't the student's primary
disability.
(5)
(a) An LEA has the responsibility for the
design and implementation of and IEP or Section 504 plan for qualifying
students.
(b) Specific details of
required intensive services for a student shall be defined within the student's
IEP.
(c) A qualifying student who
enrolls in a Utah school district or charter school may be eligible to receive
intensive services from sensory specialists employed by USDB, if appropriately
designated as specialized instruction or a related services as part of an IEP
or Section 504 plan.
(6)
(a) An LEA with greater than 3% of the
student population statewide may elect to contract with USDB to provide
outreach services.
(b) An LEA may
employ their own sensory specialists to meet the IEP or 504 plan needs of
qualifying students.
(7)
(a) An LEA is responsible for the development
of a qualifying student's IEP, including any assessments necessary for initial
placement.
(b) Notwithstanding
Subsection (7)(a), an LEA may not commit USDB to provide services to qualifying
students unless USDB has participated in the IEP.
(c)
(i) An
LEA and USDB shall consider least restrictive environment, as well as intensive
services needs of a qualifying student in determining an appropriate
placement.
(ii) In the case of deaf
or hard of hearing students, an IEP team should consider the opportunity for a
student to have direct communication with teachers and peers.
(8) Notwithstanding
Subsection (7), if a qualifying student enrolls directly with USDB in
accordance with Subsection (2), USDB shall develop the student's IEP, including
any assessments necessary for initial placement.
(9) If an LEA is working with USDB staff:
(a) the LEA shall provide internet access and
technical support to permit USDB staff to access the internet through
technology and hardware;
(b) the
LEA and USDB technology staff will jointly determine procedures to ensure
access to LEA technology systems; and
(c) USDB shall provide and maintain all
needed hardware and software provided to USDB staff.
(10) An LEA shall provide an assistive
technology device a student if the assistive technology device is required for
the implementation of the student's IEP.
