53E-7-207. Local education agency special education duty and authority.
(1)
An LEA shall, at no cost to the eligible student, provide a full continuum of special education services and placements to an eligible student enrolled at the LEA.
Terms Used In Utah Code 53E-7-207
eligible student: means a child with a disability who is:
(a)
at least 3 years old but younger than 22 years old; or
(b)
22 years old, if the school year in which the child with a disability turned 22 years old has not yet ended. See Utah Code 53E-7-201
IEP: means 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-1-102
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
(2)
As determined by an eligible student’s IEP team, an LEA may provide special education to an eligible student in the least restrictive environment as determined by the eligible student’s IEP team, regardless of whether the other students in the class or setting are eligible students.
(3)
(a)
Upon request of the Division of Child and Family Services and if the LEA obtains appropriate consent for the evaluation, an LEA shall provide an initial special education evaluation to an individual who enters the custody of the Division of Child and Family Services, if the Division of Child and Family Services suspects the individual may be an eligible student.
(b)
(i)
Except as provided in Subsection (3)(b)(ii), the LEA shall conduct an evaluation described in Subsection (3)(a) within 30 days after the day on which the Division of Child and Family Services makes the request.
(ii)
An LEA may refuse to conduct an evaluation described in Subsection (3)(a) if the LEA reviews the relevant data regarding the individual and, within 10 days after the day on which the LEA received the request described in Subsection (3)(a), gives the Division of Child and Family Services written prior notice of refusal to evaluate.
(4)
(a)
In accordance with Subsection (4)(b), an LEA may provide education or training for an individual with a disability who is:
(i)
younger than 3 years old; or
(ii)
at least 22 years old and not an eligible student.
An LEA may use adult education program funding described in Section 53F-2-401, in accordance with the requirements described in Section 53F-2-401, to pay for the cost of the education or training described in Subsection (4)(a).
(c)
To pay for the cost of education or training described in Subsection (4)(a), an LEA may use fees, contributions, or other funds received by the LEA if the purpose of the fees, contributions, or other funds is to provide the education or training.
