26B-1-430. Coordinating Council for Persons with Disabilities — Policy regarding services to individuals with disabilities — Creation — Membership — Expenses.
| (1) |
As used in this section, “state agencies” means:
Terms Used In Utah Code 26B-1-430- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Person: means :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
the Division of Services for People with Disabilities; |
| (b) |
the Office of Substance Use and Mental Health; |
| (c) |
the Division of Integrated Healthcare; |
| (e) |
the Utah State Office of Rehabilitation created in Section 35A-1-202; and |
| (f) |
special education programs operated by the State Board of Education or an LEA under 2. |
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| (2) |
It is the policy of this state that all agencies that provide services to persons with disabilities:
| (a) |
coordinate and ensure that services and supports are provided in a cost-effective manner. It is the intent of the Legislature that services and supports provided under this chapter be coordinated to meet the individual needs of persons with disabilities; and |
| (b) |
whenever possible, regard an individual’s personal choices concerning services and supports that are best suited to the individual’s needs and that promote the individual’s independence, productivity, and integration in community life. |
|
| (3) |
There is created the Coordinating Council for Persons with Disabilities. |
| (4) |
The council shall consist of:
| (a) |
the director of the Division of Services for People with Disabilities within the department, or the director’s designee; |
| (b) |
the director of family health services programs, appointed under Section 26B-7-120, or the director’s designee; |
| (c) |
the director of the Utah State Office of Rehabilitation created in Section 35A-1-202, or the director’s designee; |
| (d) |
the state director of special education, or the director’s designee; |
| (e) |
the director of the Division of Integrated Healthcare within the department, or the director’s designee; |
| (f) |
the director of the Office of Substance Use and Mental Health within the department, or the director’s designee; |
| (g) |
the superintendent of Schools for the Deaf and the Blind, or the superintendent’s designee; and |
| (h) |
a person with a disability, a family member of a person with a disability, or an advocate for persons with disabilities, appointed by the members listed in Subsections (4)(a) through (g). |
|
| (5) |
| (a) |
The council shall annually elect a chair from its membership. |
| (b) |
Five members of the council are a quorum. |
|
| (6) |
A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
|
| (7) |
The council has authority, after local or individual efforts have failed, to:
| (a) |
coordinate the appropriate transition of persons with disabilities who receive services and support from one state agency to receive services and support from another state agency; |
| (b) |
coordinate policies governing the provision of services and support for persons with disabilities by state agencies; and |
| (c) |
consider issues regarding eligibility for services and support and, where possible, develop uniform eligibility standards for state agencies. |
|
| (8) |
The council may receive appropriations from the Legislature to purchase services and supports for persons with disabilities as the council deems appropriate. |
| (9) |
| (a) |
Within appropriations authorized by the Legislature, the following individuals or the individuals’ representatives shall cooperatively develop a single coordinated education program, treatment services, and individual and family supports for students entitled to a free appropriate education under 2, who also require services from the department or the Utah State Office of Rehabilitation:
| (i) |
the state director of special education; |
| (ii) |
the director of the Utah State Office of Rehabilitation created in Section 35A-1-202; |
| (iii) |
the executive director of the department; |
| (iv) |
the director of family health services within the department; and |
| (v) |
the affected LEA, as defined in Section 53E-1-102. |
|
| (b) |
Distribution of costs for services and supports described in Subsection (9)(a) shall be determined through a process established by the department and the State Board of Education. |
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Renumbered and Amended by Chapter 305, 2023 General Session
