53E-8-408.  Educational services for an individual with a hearing loss.

(1)  Subject to Subsection (2), the Utah Schools for the Deaf and the Blind shall provide educational services to an individual:

Terms Used In Utah Code 53E-8-408

  • 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
  • Parent: means a parent or legal guardian. See Utah Code 53E-1-102
  • (a)  who seeks to receive the educational services; and

    (b) 

    (i)  whose results of a test for hearing loss are reported to the Utah Schools for the Deaf and the Blind in accordance with Section 26B-4-319 or 26B-4-323; or

    (ii)  who has been diagnosed with a hearing loss by a physician or an audiologist.
  • (2)  If the individual who will receive the services described in Subsection (1) is a minor, the Utah Schools for the Deaf and the Blind may not provide the services to the individual until after receiving permission from the individual’s parent.

    Amended by Chapter 328, 2023 General Session