Utah Code 26B-2-116. Coordination of human services and educational services — Licensing of programs

26B-2-116. Coordination of human services and educational services — Licensing of programs — Procedures.

(1)

As used in this section:

Terms Used In Utah Code 26B-2-116

Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Child: means an individual under 18 years old. See Utah Code 26B-2-101
education: means a course of study for one or more grades from kindergarten through grade 12. See Utah Code 26B-2-101
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Foster home: means a residence that is licensed or certified by the office for the full-time substitute care of a child. See Utah Code 26B-2-101
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:Utah Code 68-3-12.5
Human services program: means :

(i)	a foster home;

(ii)	a therapeutic school;

(iii)

a youth program;

(iv)	an outdoor youth program;

(v)	a residential treatment program;

(vi)	a residential support program;

(vii)

a resource family home;

(viii)

a recovery residence; or

(ix)

a facility or program that provides:

(A)	adult day care;

(B)	day treatment;

(C)	outpatient treatment;

(D)	domestic violence treatment;

(E)	child-placing services;

(F)	social detoxification; or

(G)

any other human services that are required by contract with the department to be licensed with the department. See Utah Code 26B-2-101

Licensee: means an individual or a human services program licensed by the office. See Utah Code 26B-2-101

Office: means the Office of Licensing within the department. See Utah Code 26B-2-101

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)

“Accredited private school” means a private school that is accredited by an accrediting entity recognized by the Utah State Board of Education.

(b)

“Education entitled children” means children:

(i)	subject to compulsory education under Section 53G-6-202;

(ii)	subject to the school attendance requirements of Section 53G-6-203; or

(iii)

who are eligible for special education services as described in 2.

(2)

Subject to Subsection (9) or (10), a human services program may not be licensed to serve education entitled children unless the human services program presents an educational service plan that includes evidence:

(a)

satisfactory to:

(i)	the office; and

(ii)

(A)	the local school board of the school district in which the human services program will be operated; or

(B)	the school district superintendent of the school district in which the human services program will be operated; and

(b)	that children served by the human services program shall receive appropriate educational services satisfying the requirements of applicable law.

(3)

An educational services plan may be accepted if the educational services plan includes:

(a)

the following information provided by the human services program:

(i)	the number of children served by the human services program estimated to be enrolled in the local school district;

(ii)	the ages and grade levels of children served by the human services program estimated to be enrolled in the local school district;

(iii)

the subjects or hours of the school day for which children served by the human services program are estimated to enroll in the local school district;

(iv)	the direct contact information for the purposes of taking custody of a child served by the human services program during the school day in case of illness, disciplinary removal by a school, or emergency evacuation of a school; and

(v)	the method or arrangements for the transportation of children served by the human services program to and from the school; and

(b)

the following information provided by the school district:

(i)	enrollment procedures and forms;

(ii)	documentation required prior to enrollment from each of the child’s previous schools of enrollment;

(iii)

if applicable, a schedule of the costs for tuition and school fees; and

(iv)	schools and services for which a child served by the human services program may be eligible.

(4)

Subject to Subsection (9) or (10), if a human services program serves any education entitled children whose custodial parents or legal guardians reside outside the state, then the program shall also provide an educational funding plan that includes evidence:

(a)

satisfactory to:

(i)	the office; and

(ii)

(A)	the local school board of the school district in which the human services program will be operated; or

(B)	the school district superintendent of the school district in which the human services program will be operated; and

(b)	that all costs for educational services to be provided to the education entitled children, including tuition, and school fees approved by the local school board, shall be borne by the human services program.

(5)

Subject to Subsection (9) or (10), and in accordance with Subsection (2), the human services program shall obtain and provide the office with a letter:

(a)

from the entity referred to in Subsection (2)(a)(ii):

(i)	approving the educational service plan referred to in Subsection (3); or

(ii)

(A)	disapproving the educational service plan referred to in Subsection (3); and

(B)	listing the specific requirements the human services program must meet before approval is granted; and

(b)

from the entity referred to in Subsection (4)(a)(ii):

(i)	approving the educational funding plan, referred to in Subsection (4); or

(ii)

(A)	disapproving the educational funding plan, referred to in Subsection (4); and

(B)	listing the specific requirements the human services program must meet before approval is granted.

(6)

Subject to Subsection (9), failure of a local school board or school district superintendent to respond to a proposed plan within 45 days of receipt of the plan is equivalent to approval of the plan by the local school board or school district superintendent if the human services program provides to the office:

(a)

proof that:

(i)	the human services program submitted the proposed plan to the local school board or school district superintendent; and

(ii)	more than 45 days have passed from the day on which the plan was submitted; and

(b)

an affidavit, on a form produced by the office, stating:

(i)	the date that the human services program submitted the proposed plan to the local school board or school district superintendent;

(ii)	that more than 45 days have passed from the day on which the plan was submitted; and

(iii)

that the local school board or school district superintendent described in Subsection (6)(b)(i) failed to respond to the proposed plan within 45 days from the day on which the plan was submitted.

(7)

If a licensee that is licensed to serve an education entitled child fails to comply with the licensee’s approved educational service plan or educational funding plan, then:

(a)	the office may give the licensee notice of intent to revoke the licensee’s license; and

(b)	if the licensee continues its noncompliance for more than 30 days after receipt of the notice described in Subsection (7)(a), the office may revoke the licensee’s license.

(8)	If an education entitled child whose custodial parent or legal guardian resides within the state is provided with educational services by a school district other than the school district in which the custodial parent or legal guardian resides, then the funding provisions of Section 53G-6-405 apply.

(9)

A human services program that is an accredited private school:

(a)

for purposes of Subsection (3):

(i)	is only required to submit proof to the office that the accreditation of the private school is current; and

(ii)	is not required to submit an educational service plan for approval by an entity described in Subsection (2)(a)(ii);

(b)

for purposes of Subsection (4):

(i)	is only required to submit proof to the office that all costs for educational services provided to education entitled children will be borne by the human services program; and

(ii)	is not required to submit an educational funding plan for approval by an entity described in Subsection (4)(a)(ii); and

(c)	is not required to comply with Subsections (5) and (6).

(10)	Except for Subsection (8), the provisions of this section do not apply to a human services program that is a licensed or certified foster home.

Renumbered and Amended by Chapter 305, 2023 General Session

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Utah Code 26B-2-116. Coordination of human services and educational services — Licensing of programs — Procedures

Terms Used In Utah Code 26B-2-116