Current through Bulletin 2024-06, March 15, 2024
(1) An RTC that has been certified is subject
to periodic monitoring and review.
(2) An RTC shall ensure general compliance
with the requirements of this rule, state law, and federal law by providing the
Superintendent with:
(a) documentation,
including:
(i) applicable student and program
records; and
(ii) information for
which the Board is responsible;
(b) access to on-site visits at any time;
and
(c) any combination of
Subsections (a) and (b).
(3) An RTC that has been certified shall
comply with all requirements of this rule, State of Utah law and federal law,
including the following requirements:
(a)
collaborating with an LEA of origin to maintain and facilitate a plan for
transition from the RTC to a less restrictive setting or from a less
restrictive setting to an RTC;
(b)
collaborating with the LEA of origin on a student's IEP through:
(i) timely and appropriate IEP progress
monitoring;
(ii) documentation of a
student's specially designed instruction and related services such as:
(A) service provisions;
(B) treatment notes; and
(C) service logs;
(iii) post secondary transition plans for
students age 14 and older including:
(A) a
list of a relevant course of study related to needs and ability of the
student;
(B) a list of all required
transition assessments needed; and
(C) age of majority
documentation;
(iv)
sign-in or attendance sheets for each IEP meeting held for a student;
and
(iv) adhering to all other
applicable state and federal laws;
(c) when appropriate, establishing a
discipline guide consistent with IDEA that includes a behavior intervention
plan with the following minimum components:
(i) general behavior goals;
(ii) crisis de-escalation and restraint
training and training frequency;
(iii) restraint and seclusion policies and
procedures consistent with state and federal law; and
(iv) parental notification policies requiring
notice within at least 24-hours.
(4) An RTC shall notify the Superintendent
within 45 days if the RTC makes any material change to the RTC's special
education program.
(5) An RTC shall
notify the Superintendent within 48 hours if:
(a) any staff member is charged with a felony
or misdemeanor, other than a Class C violation of Title 41, Motor Vehicles;
or
(b) a law enforcement agency or
the Division of Child and Family Services initiates an investigation regarding
a student health or safety concern.
(6) If a certified RTC is found to be
noncompliant with Rule R277-926, State of Utah law, or federal law, the
Superintendent may suspend or revoke the RTC's certification as outlined in
Section R277-926-5.
