53E-8-201. Utah Schools for the Deaf and the Blind created — Designated LEA — Services statewide.
(1)
The Utah Schools for the Deaf and the Blind is created as a single public school agency that includes:
Terms Used In Utah Code 53E-8-201
Blind: means :
(a)
if the person is three years of age or older but younger than 22 years of age, having a visual impairment that, even with correction, adversely affects educational performance or substantially limits one or more major life activities; and
(b)
if the person is younger than three years of age, having a visual impairment. See Utah Code 53E-8-102
Deaf: means :
(a)
if the person is three years of age or older but younger than 22 years of age, having hearing loss, whether permanent or fluctuating, that, even with amplification, adversely affects educational performance or substantially limits one or more major life activities; and
(b)
if the person is younger than three years of age, having hearing loss. See Utah Code 53E-8-102
Deafblind: means :
(a)
if the person is three years of age or older but younger than 22 years of age:
(i)
deaf;
(ii)
blind; and
(iii)
having hearing loss and visual impairments that cause such severe communication and other developmental and educational needs that the person cannot be accommodated in special education programs solely for students who are deaf or blind; or
(b)
if the person is younger than three years of age, having both hearing loss and vision impairments that are diagnosed as provided in Section 53E-8-401. See Utah Code 53E-8-102
IEP: means :
(a)
a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20 U. See Utah Code 53E-8-102
LEA: means a local education agency that has administrative control and direction for public education. See Utah Code 53E-8-102
LEA of record: means the school district of residence of a student as determined under Section 53G-6-302. See Utah Code 53E-8-102
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
Under the general control and supervision of the state board, consistent with the state board’s constitutional authority, the Utah Schools for the Deaf and the Blind:
(a)
may provide services to students statewide:
(i)
who are deaf, blind, or deafblind; or
(ii)
who are neither deaf, blind, nor deafblind, if allowed under rules of the state board established pursuant to Section 53E-8-401; and
(b)
shall serve as the designated LEA for a student and assume the responsibilities of providing services as prescribed through the student’s IEP or Section 504 accommodation plan when the team that develops the student’s IEP or Section 504 accommodation plan determines that the student be placed at the Utah Schools for the Deaf and the Blind.
(3)
When the Utah Schools for the Deaf and the Blind becomes a student’s designated LEA, the LEA of record and the Utah Schools for the Deaf and the Blind shall ensure that all rights and requirements regarding individual student assessment, eligibility, services, placement, and procedural safeguards provided through the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. and Section 504 of the Rehabilitation Act of 1973, as amended, remain in force.
(4)
Nothing in this section diminishes the responsibility of a student’s LEA of record for the education of the student as provided in 2.
Amended by Chapter 186, 2019 General Session Amended by Chapter 314, 2019 General Session
