(1)
An LEA may use state special education funds to:
Terms Used In Utah Code 53E-7-209 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 LEA : means :(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102 LEA special education program : means systems an LEA establishes to:(a) implement an eligible student's IEP;
(b) appropriately and timely identify eligible students;
(c) evaluate and classify eligible students by qualified personnel;
(d) implement standards for special education classes and services;
(e) deliver special education service responsibilities;
(f) ensure special education instructional staff are appropriately credentialed; and
(g) provide services for dual enrollment students that are:(i) eligible students; and
(ii) attending public school on a part-time basis. See Utah Code 53E-7-201 Least restrictive environment : means the same as that term is defined in 34 C. See Utah Code 53E-7-201 Special education : means the same as that term is defined in 34 C. See Utah Code 53E-7-201 Specially designed instruction : means the same as that term is defined in 34 C. See Utah Code 53E-7-201 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 State board : means the State Board of Education. See Utah Code 53E-1-102
(a)
provide an LEA special education program and specially designed instruction and related services and supports to an eligible student in the least restrictive environment ;
(b)
employ appropriately credentialed staff necessary to provide specially designed instruction and related services; or
(c)
employ staff who are trained and supervised by appropriately credentialed staff necessary to provide specially designed instruction and related services.
(2)
The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act for:
(a)
accounting for the use of state special education funds; and
(b)
documentation required for an LEA to demonstrate appropriate use of state special education funds under this section.
(3)
The state board shall annually provide training and training materials to LEAs on:
(a)
appropriate use of state special education funds;
(b)
rules the state board creates under Subsection (2)(a); and
(c)
the documentation described in Subsection (2)(b).
Enacted by Chapter 431 , 2022 General Session
