reglab/statecodes huggingface dataset:
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1107 - Article VIII -- Rulemaking.

Effective 5/3/2023
53E-6-1107.
Article VIII -- Rulemaking.
(1) The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this interstate compact and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
(2) The commission shall promulgate reasonable rules to achieve the intent and purpose of this interstate compact. In the event the commission exercises its rulemaking authority in a manner that is beyond purpose and intent of this interstate compact, or the powers granted hereunder, then such an action by the commission shall be invalid and have no force and effect of law in the member states.
(3) If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within four years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.
(4) Rules or amendments to the rules shall be adopted or ratified at a regular or special meeting of the commission in accordance with commission rules and bylaws.
(5) Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 48 hours' notice, with opportunity to comment, provided that the usual rulemaking procedures shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
(a) meet an imminent threat to public health, safety, or welfare;
(b) prevent a loss of Commission or Member State funds;
(c) meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
(d) protect public health and safety.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1108 - Article IX -- Facilitating information exchange.

Effective 5/3/2023
53E-6-1108.
Article IX -- Facilitating information exchange.
(1) The commission shall provide for facilitating the exchange of information to administer and implement the provisions of this compact in accordance with the rules of the commission, consistent with generally accepted data protection principles.
(2) Nothing in this compact shall be deemed or construed to alter, limit, or inhibit the power of a member state to control and maintain ownership of its licensee information or alter, limit, or inhibit the laws or regulations governing licensee information in the member state.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1110 - Article XI -- Effectuation, withdrawal, and amendment.

Effective 5/3/2023
53E-6-1110.
Article XI -- Effectuation, withdrawal, and amendment.
(1) The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state.
(a) On or after the effective date of the compact, the commission shall convene and review the enactment of each of the charter member states to determine if the statute enacted by each such charter member state is materially different from the model compact statute.
(b) A charter member state whose enactment is found to be materially different from the model Compact statute shall be entitled to the default process set forth in Section 53E-6-1109.
(c) Member states enacting the compact subsequent to the charter member states shall be subject to the process set forth in Subsection 53E-6-1106(3)(t) to determine if their enactments are materially different from the model compact statute and whether they qualify for participation in the compact.
(2) If any member state is later found to be in default, or is terminated or withdraws from the compact, the commission shall remain in existence and the compact shall remain in effect even if the number of member States should be less than 10.
(3) Any state that joins the compact after the commission's initial adoption of the rules and bylaws shall be subject to the rules and bylaws as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state, as the rules and bylaws may be amended as provided in this compact.
(4)
(a) Any member state may withdraw from this compact by enacting a statute repealing the same.
(b) A member state's withdrawal shall not take effect until six months after enactment of the repealing statute.
(c) Withdrawal shall not affect the continuing requirement of the withdrawing state's licensing authority to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
(5) This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1111 - Article XII -- Construction and severability.

Effective 5/3/2023
53E-6-1111.
Article XII -- Construction and severability.
(1) This compact shall be liberally construed to effectuate the purposes thereof.
(2) The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any member state or a state seeking membership in the compact, or of the United States or the applicability thereof to any other government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby.
(3) If this compact shall be held contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 6 - Education Professional Licensure › Part 11 - Interstate Teacher Mobility Compact › Section 1112 - Article XIII -- Consistent effect and conflict with other state laws.

Effective 5/3/2023
53E-6-1112.
Article XIII -- Consistent effect and conflict with other state laws.
(1) Nothing herein shall prevent or inhibit the enforcement of any other law of a member state that is not inconsistent with the compact.
(2) Any laws, statutes, regulations, or other legal requirements in a member state in conflict with the compact are superseded to the extent of the conflict.
(3) All permissible agreements between the commission and the member states are binding in accordance with their terms.
Enacted by Chapter 222, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 2 - Special Education Program › Section 201 - Definitions.

Effective 5/4/2022
53E-7-201.
Definitions.
As used in this part:
(1) "Child with a disability" means the same as that term is defined in 34 C.F.R. Sec. 300.308.
(2) "Due process hearing" means an administrative due process hearing authorized by 20 U.S.C. Sec. 1415.
(3) "IEP team" means the same as that term is defined in 34 C.F.R. Sec. 300.321.
(4) "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.
(5) "Least restrictive environment" means the same as that term is defined in 34 C.F.R. Secs. 300.114 through 300.116.
(6) "Special education" means the same as that term is defined in 34 C.F.R. Sec. 300.39.
(7) "Specially designed instruction" means the same as that term is defined in 34 C.F.R. Sec. 300.39.
(8) "Student who is eligible for special education services" or "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.
Amended by Chapter 431, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 2 - Special Education Program › Section 202 - Free appropriate public education for eligible students.

Effective 5/14/2019
53E-7-202.
Free appropriate public education for eligible students.
An eligible student who has not received a regular high school diploma is entitled to a free appropriate public education.
Repealed and Re-enacted by Chapter 187, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 2 - Special Education Program › Section 204 - State board special education authority and duties -- Rulemaking.

Effective 5/4/2022
53E-7-204.
State board special education authority and duties -- Rulemaking.
(1) The state board shall have general control and supervision over LEA special education programs in the state for eligible students.
(2) A program described in Subsection (1) shall comply with state board rule.
(3) In accordance with federal and state law, the state board shall make rules to implement this part, including provisions that ensure:
(a) appropriate and timely identification of a potentially eligible student;
(b) the evaluation of a student and classification of a student as an eligible student by qualified personnel;
(c) standards for special education services and supports;
(d) availability of LEA special education programs;
(e) delivery of special education in the least restrictive environment as determined by an eligible student's IEP team;
(f) certification and qualification for the instructional staff of eligible students; and
(g) special education services for eligible students who are dual enrollment students attending public school on a part-time basis as described in Section 53G-6-702.
(4) In accordance with federal and state law, the state board may make rules to otherwise administer the state board's authority described in Subsection (1).
Amended by Chapter 431, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 2 - Special Education Program › Section 206 - Special education funding.

Effective 5/4/2022
53E-7-206.
Special education funding.
In accordance with Title 53F, Chapter 2, State Funding -- Minimum School Program, state board rule, and other applicable law, the state board shall administer the payment of restricted state and federal funds to an LEA to provide special education to an eligible student.
Amended by Chapter 431, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 2 - Special Education Program › Section 207 - Local education agency special education duty and authority.

Effective 5/4/2022
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.
(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.
(b)
(i) Except as provided in Subsection (4)(b)(ii), an LEA may not use funding described in Title 53F, Chapter 2, State Funding -- Minimum School Program, to pay for the cost of education or training described in Subsection (4)(a).
(ii) 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.
Amended by Chapter 431, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 2 - Special Education Program › Section 208 - Special education dispute resolution -- Rulemaking -- Due process hearing -- Right to appeal.

Effective 5/4/2022
53E-7-208.
Special education dispute resolution -- Rulemaking -- Due process hearing -- Right to appeal.
(1) In accordance with this section, the state board shall make rules that:
(a) allow for a prompt, fair, and final resolution of a dispute that arises over the provision of special education to an eligible student;
(b) establish and maintain procedural safeguards that meet the requirements of 20 U.S.C. Sec. 1415; and
(c) establish timelines that provide adequate time to address and resolve a dispute described in Subsection (1)(a) without unnecessarily disrupting or delaying an eligible student's free appropriate public education.
(2) A party to a dispute described in Subsection (1)(a), including an LEA, shall make a diligent and good faith effort to resolve the dispute informally at the LEA level before seeking a due process hearing under state board rule.
(3)
(a) If a dispute is not resolved informally as described in Subsection (2), a party to the dispute may request a due process hearing in accordance with state board rule.
(b) Upon request of a party to a dispute described in Subsection (2), the state board shall, in accordance with state board rule and 20 U.S.C. Sec. 1415:
(i) conduct a due process hearing; and
(ii) issue a decision on the due process hearing.
(4)
(a) A party to a due process hearing may appeal the decision resulting from the due process hearing by filing a civil action with a court described in 20 U.S.C. Sec. 1415(i), if the party files the action within 30 days after the day on which the due process hearing decision was issued.
(b) If parties to a due process hearing fail to reach agreement on the payment of attorney fees for the due process hearing, a party may seek to recover attorney fees in accordance with 20 U.S.C. Sec. 1415(i) by filing a court action within 30 days after the day on which the due process hearing decision was issued.
Amended by Chapter 431, 2022 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 2 - Special Education Program › Section 209 - Use of state special education funds.

Effective 5/4/2022
53E-7-209.
Use of state special education funds.
(1) An LEA may use state special education funds to:
(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
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 4 - Special Needs Opportunity Scholarship Program › Section 402 - Special Needs Opportunity Scholarship Program.

Effective 5/3/2023
53E-7-402.
Special Needs Opportunity Scholarship Program.
(1) There is established the Special Needs Opportunity Scholarship Program under which a parent may apply to a scholarship granting organization on behalf of the parent's student for a scholarship to help cover the cost of a scholarship expense.
(2)
(a) A scholarship granting organization shall award, in accordance with this part, scholarships to eligible students.
(b) In awarding scholarships, a scholarship granting organization shall give priority to an eligible student described in Subsection 53E-7-401(1)(a) by:
(i) establishing an August 10 deadline for an eligible student described in Subsection 53E-7-401(1)(b) to apply for a scholarship; and
(ii) awarding a scholarship to an eligible student described in Subsection 53E-7-401(1)(b) only if funds exist after awarding scholarships to all eligible students described in Subsection 53E-7-401(1)(a) who have applied and qualify.
(c) Subject to available funds, a scholarship awarded to an eligible student described in Subsection 53E-7-401(1)(b) shall be for a similar term as a scholarship awarded to the eligible student's sibling.
(3) A scholarship granting organization shall determine a full-year scholarship award to pay for the cost of one or more scholarship expenses in an amount not more than:
(a) for an eligible student described in Subsection 53E-7-401(1)(a) who is:
(i) in kindergarten through grade 12 and whose family income is:
(A) at or below 185% of the federal poverty level, the value of the weighted pupil unit multiplied by 2.5; or
(B) above 185% of the federal poverty level, the value of the weighted pupil unit multiplied by two; or
(b) for an eligible student described in Subsection 53E-7-401(1)(b), half the value of the weighted pupil unit.
(4) Eligibility for a scholarship as determined by a multidisciplinary evaluation team under this program does not establish eligibility for an IEP under the Individuals with Disabilities Education Act, Subchapter II, 20 U.S.C. Secs. 1400 to 1419, and is not binding on any LEA that is required to provide an IEP under the Individuals with Disabilities Education Act.
(5) The scholarship granting organizations shall prepare and disseminate information on the program to a parent applying for a scholarship on behalf of a student.
Amended by Chapter 190, 2023 General Session
Amended by Chapter 190, 2023 General Session, (Coordination Clause)
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 4 - Special Needs Opportunity Scholarship Program › Section 403 - Qualifying school requirements.

Effective 1/1/2021
53E-7-403.
Qualifying school requirements.
(1) A qualifying school shall:
(a) notify a scholarship granting organization of the qualifying school's intention to participate in the program;
(b) submit evidence to the scholarship granting organization that the qualifying school has been approved by the state board under Section 53E-7-408; and
(c) submit a signed affidavit to the scholarship granting organization that the qualifying school will comply with the requirements of this part.
(2) A qualifying school shall comply with 42 U.S.C. Sec. 1981, and meet state and local health and safety laws and codes.
(3) Before the beginning of the school year immediately following a school year in which a qualifying school receives scholarship money equal to or more than $100,000, the qualifying school shall file with a scholarship granting organization that allocates scholarship money to the qualifying school:
(a) a surety bond payable to the scholarship granting organization in an amount equal to the aggregate amount of scholarship money expected to be received during the school year; or
(b) financial information that demonstrates the financial viability of the qualifying school, as required by the scholarship granting organization.
(4) If a scholarship granting organization determines that a qualifying school has violated a provision of this part, the scholarship granting organization may interrupt disbursement of or withhold scholarship money from the qualifying school.
(5)
(a) If the state board determines that a qualifying school no longer meets the eligibility requirements described in Section 53E-7-408, the state board may withdraw the state board's approval of the school.
(b) A private school that does not have the state board's approval under Section 53E-7-408 may not accept scholarship money under this part.
(6) A qualifying school shall, when administering an annual assessment required under Section 53E-7-408, ensure that the qualifying school uses a norm-referenced assessment.
Enacted by Chapter 3, 2020 Special Session 4
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 4 - Special Needs Opportunity Scholarship Program › Section 406 - Private school regulation -- Student records.

Effective 1/1/2021
53E-7-406.
Private school regulation -- Student records.
(1) Nothing in this part:
(a) grants additional authority to any state agency or LEA to regulate private schools except as expressly described in this part; or
(b) expands the regulatory authority of the state, a state office holder, or a local school district to impose any additional regulation of a qualifying school beyond those necessary to enforce the requirements of the program.
(2) A qualifying school shall be given the maximum freedom to provide for the educational needs of a scholarship recipient who attends the qualifying school without unlawful governmental control.
(3) Except as provided in Section 53E-7-403, a qualifying school may not be required to alter the qualifying school's creed, practices, admission policy, or curriculum in order to accept scholarship money.
(4) A local education agency or school in a local education agency in which a scholarship recipient was previously enrolled shall provide to a qualifying school in which the scholarship recipient is currently enrolled a copy of all requested school records relating to the scholarship recipient, subject to:
(a)Title 53E, Chapter 9, Student Privacy and Data Protection; and
(b) Family Educational Rights and Privacy Act, 20 U.S.C. Sec. 1232g.
Enacted by Chapter 3, 2020 Special Session 4
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 7 - Special Education › Part 4 - Special Needs Opportunity Scholarship Program › Section 409 - Public Education Appropriations Subcommittee to conduct feasibility study.

Effective 1/1/2021
53E-7-409.
Public Education Appropriations Subcommittee to conduct feasibility study.
The Public Education Appropriations Subcommittee shall:
(1) study the feasibility of combining the program with the Carson Smith Scholarship Program created in Section 53F-4-302;
(2) prepare a written report of the study's findings, including any legislative recommendations; and
(3) on or before the Executive Appropriations Committee's November 2023 meeting, submit the report to the Executive Appropriations Committee.
Enacted by Chapter 3, 2020 Special Session 4
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 1 - General Provisions › Section 101 - Title.

Effective 1/24/2018
53E-8-101.
Title.
This chapter is known as "Utah Schools for the Deaf and the Blind."
Enacted by Chapter 1, 2018 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 2 - Organization, Powers, and Duties › Section 201 - Utah Schools for the Deaf and the Blind created -- Designated LEA -- Services statewide.

Effective 5/14/2019
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:
(a) the Utah School for the Deaf;
(b) the Utah School for the Blind;
(c) programs for students who are deafblind; and
(d) the Parent Infant Program.
(2) 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. Sec. 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 Chapter 7, Part 2, Special Education Program.
Amended by Chapter 186, 2019 General Session
Amended by Chapter 314, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 2 - Organization, Powers, and Duties › Section 202 - Corporate powers -- Property -- Establishment of a foundation.

Effective 1/24/2018
53E-8-202.
Corporate powers -- Property -- Establishment of a foundation.
(1) The Utah Schools for the Deaf and the Blind is a public corporation with perpetual succession and a corporate seal.
(2) The Utah Schools for the Deaf and the Blind may:
(a) sue and be sued;
(b) contract and be contracted with;
(c) take and hold by purchase, gift, devise, or bequest real and personal property required for its uses; and
(d) convert property, if not suitable for its use, into other property or money.
(3) The property of the Utah Schools for the Deaf and the Blind is exempt from taxes and assessments.
(4) The Utah Schools for the Deaf and the Blind may establish a foundation as described in Section 53E-3-403.
Renumbered and Amended by Chapter 1, 2018 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 2 - Organization, Powers, and Duties › Section 203 - Applicability of statutes to the Utah Schools for the Deaf and the Blind.

Effective 7/1/2021
53E-8-203.
Applicability of statutes to the Utah Schools for the Deaf and the Blind.
(1) The Utah Schools for the Deaf and the Blind is subject to this public education code and other state laws applicable to public schools, except as otherwise provided by this chapter.
(2) The following provisions of this public education code do not apply to the Utah Schools for the Deaf and the Blind:
(a) provisions governing the budgets, funding, or finances of school districts or charter schools; and
(b) provisions governing school construction.
(3) Except as provided in this chapter, the Utah Schools for the Deaf and the Blind is subject to state laws governing state agencies, including:
(a)Title 51, Chapter 5, Funds Consolidation Act;
(b)Title 51, Chapter 7, State Money Management Act;
(c)Title 52, Chapter 4, Open and Public Meetings Act;
(d)Title 63A, Utah Government Operations Code;
(e)Title 63G, Chapter 2, Government Records Access and Management Act;
(f)Title 63G, Chapter 4, Administrative Procedures Act;
(g)Title 63G, Chapter 6a, Utah Procurement Code;
(h)Title 63J, Chapter 1, Budgetary Procedures Act;
(i)Title 63J, Chapter 2, Revenue Procedures and Control Act; and
(j)Title 63A, Chapter 17, Utah State Personnel Management Act.
Amended by Chapter 345, 2021 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 2 - Organization, Powers, and Duties › Section 204 - Authority of the state board -- Rulemaking -- Superintendent -- Advisory council.

Effective 7/1/2021
53E-8-204.
Authority of the state board -- Rulemaking -- Superintendent -- Advisory council.
(1) The state board is the governing board of the Utah Schools for the Deaf and the Blind.
(2)
(a) The state board shall appoint a superintendent for the Utah Schools for the Deaf and the Blind.
(b) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the qualifications, terms of employment, and duties of the superintendent for the Utah Schools for the Deaf and the Blind.
(3) The superintendent shall:
(a) subject to the approval of the state board, appoint an associate superintendent to administer the Utah School for the Deaf based on:
(i) demonstrated competency as an expert educator of deaf persons; and
(ii) knowledge of school management and the instruction of deaf persons;
(b) subject to the approval of the state board, appoint an associate superintendent to administer the Utah School for the Blind based on:
(i) demonstrated competency as an expert educator of blind persons; and
(ii) knowledge of school management and the instruction of blind persons, including an understanding of the unique needs and education of deafblind persons.
(4) The state board shall approve the annual budget and expenditures of the Utah Schools for the Deaf and the Blind.
(5)
(a) The state board shall submit a report in accordance with Section 53E-1-201 on the Utah Schools for the Deaf and the Blind.
(b) The state board shall ensure that the report described in Subsection (5)(a) includes:
(i) a financial report;
(ii) a report on Utah Schools for the Deaf and the Blind programs and activities; and
(iii) a report of student academic performance.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 3 - Educators › Section 301 - Educators exempt from Division of Human Resource Management rules -- Collective bargaining agreement.

Effective 7/1/2021
53E-8-301.
Educators exempt from Division of Human Resource Management rules -- Collective bargaining agreement.
(1) Educators employed by the Utah Schools for the Deaf and the Blind are exempt from mandatory compliance with rules of the Division of Human Resource Management.
(2) The state board may enter into a collective bargaining agreement to establish compensation and other personnel policies with educators employed by the Utah Schools for the Deaf and the Blind to replace rules of the Division of Human Resource Management.
(3) A collective bargaining agreement made under Subsection (2) is subject to the same requirements that are imposed on local school boards by Section 53G-11-202.
Amended by Chapter 344, 2021 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 3 - Educators › Section 302 - Annual salary adjustments for educators.

Effective 5/14/2019
53E-8-302.
Annual salary adjustments for educators.
(1) In accordance with Section 53F-7-301, the Legislature shall appropriate money to the state board for the salary adjustments described in this section.
(2) The state board shall include in its annual budget request for the Utah Schools for the Deaf and the Blind an amount of money sufficient to adjust educators' salaries as described in Subsection (3) and fund step and lane changes.
(3)
(a) The state board shall determine the salary adjustment specified in Subsection (2) by:
(i) calculating a weighted average salary adjustment for nonadministrative licensed staff adopted by the school districts of the state, with the average weighted by the number of teachers in each school district; and
(ii) increasing the weighted average salary adjustment by 10% in any year in which teachers of the Utah Schools for the Deaf and the Blind are not ranked in the top 10 in 20-year earnings when compared to earnings of teachers in the school districts of the state.
(b) In calculating a weighted average salary adjustment for nonadministrative licensed staff adopted by the school districts of the state under Subsection (3)(a), the state board shall exclude educator salary adjustments provided pursuant to Section 53F-2-405.
(4) From money appropriated to the state board for salary adjustments, the state board shall adjust the salary schedule applicable to educators at the school each year.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 401 - Eligibility for services of the Utah Schools for the Deaf and the Blind.

Effective 5/12/2020
53E-8-401.
Eligibility for services of the Utah Schools for the Deaf and the Blind.
(1) Except as provided in Subsections (3), (4), and (5), an individual is eligible to receive services of the Utah Schools for the Deaf and the Blind if the individual is:
(a) a resident of Utah;
(b) younger than 22 years of age;
(c) referred to the Utah Schools for the Deaf and the Blind by:
(i) the individual's school district of residence;
(ii) a local early intervention program; or
(iii) if the referral is consistent with the Individual with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., the Parent Infant Program; and
(d) identified as deaf, blind, or deafblind through:
(i) the special education eligibility determination process; or
(ii) the Section 504 eligibility determination process.
(2)
(a) In determining eligibility for an individual who is younger than age three and is deafblind, the following information may be used:
(i) opthalmological and audiological documentation;
(ii) functional vision or hearing assessments and evaluations; or
(iii) informed clinical opinion conducted by a person with expertise in deafness, blindness, or deafblindness.
(b) Informed clinical opinion shall be:
(i) included in the determination of eligibility when documentation is incomplete or not conclusive; and
(ii) based on pertinent records related to the individual's current health status and medical history, an evaluation and observations of the individual's level of sensory functioning, and the needs of the family.
(3)
(a) A student who qualifies for special education shall have services and placement determinations made through the IEP process.
(b) A student who qualifies for accommodations under Section 504 shall have services and placement determinations made through the Section 504 team process.
(4)
(a) A nonresident may receive services of the Utah Schools for the Deaf and the Blind in accordance with the rules of the state board described in Subsection (6).
(b) The rules shall require the payment of tuition for services provided to a nonresident.
(5) An individual is eligible to receive services from the Utah Schools for the Deaf and the Blind under circumstances described in Section 53E-8-408.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board:
(a) shall make rules that determine the eligibility of students to be served by the Utah Schools for the Deaf and the Blind; and
(b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind to receive services of the Utah Schools for the Deaf and the Blind if the resident is younger than 22 years of age.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 402 - Entrance policies and procedures.

Effective 5/14/2019
53E-8-402.
Entrance policies and procedures.
With input from the Utah Schools for the Deaf and the Blind, school districts, parents, and the advisory council, the state board shall establish entrance policies and procedures that IEP teams and Section 504 teams are to consider in making placement recommendations at the Utah Schools for the Deaf and the Blind.
Amended by Chapter 186, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 403 - Educational programs.

Effective 5/12/2020
53E-8-403.
Educational programs.
(1) The Utah Schools for the Deaf and the Blind shall provide an educational program for a student:
(a) based on assessments of the student's abilities; and
(b) in accordance with the student's IEP or Section 504 accommodation plan.
(2) If a student's ability to access the core curriculum is impaired primarily due to a severe sensory loss and requires intensive sensory-based instruction or services, the Utah Schools for the Deaf and the Blind shall provide an educational program that will enable the student, with accommodations, to access the core curriculum.
(3) The Utah Schools for the Deaf and the Blind shall provide instruction in Braille to students who are blind.
Amended by Chapter 354, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 404 - Administration of statewide assessments.

Effective 1/24/2018
53E-8-404.
Administration of statewide assessments.
The Utah Schools for the Deaf and the Blind shall annually administer, as applicable, the statewide assessments described in Section 53E-4-301, except a student may take an alternative test in accordance with the student's IEP.
Renumbered and Amended by Chapter 1, 2018 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 405 - Collaboration with Department of Health.

Effective 5/3/2023
53E-8-405.
Collaboration with Department of Health and Human Services.
The Utah Schools for the Deaf and the Blind shall collaborate with the Department of Health and Human Services to provide services to children with disabilities who are younger than three years old in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
Amended by Chapter 328, 2023 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 406 - Programs for deafblind individuals -- State deafblind education specialist.

Effective 5/14/2019
53E-8-406.
Programs for deafblind individuals -- State deafblind education specialist.
(1) The state board shall adopt policies and programs for providing appropriate educational services to individuals who are deafblind.
(2) Except as provided in Subsection (4), the state board shall designate an employee who holds a deafblind credential issued by the state board or equivalent training and expertise to:
(a) act as a resource coordinator for the state board on public education programs designed for individuals who are deafblind;
(b) facilitate the design and implementation of professional development programs to assist school districts, charter schools, and the Utah Schools for the Deaf and the Blind in meeting the educational needs of those who are deafblind; and
(c) facilitate the design of and assist with the implementation of one-on-one intervention programs in school districts, charter schools, and at the Utah Schools for the Deaf and the Blind for those who are deafblind, serving as a resource for, or team member of, individual IEP teams.
(3) The state board may authorize and approve the costs of an employee to obtain a deafblind credential issued by the state board or equivalent training and expertise to qualify for the position described in Subsection (2).
(4) The state board may contract with a third party for the services required under Subsection (2).
Amended by Chapter 186, 2019 General Session
Amended by Chapter 314, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 407 - Educational Enrichment Program for Deaf, Hard of Hearing, Blind, and Visually Impaired Students -- Funding for the program.

Effective 5/14/2019
53E-8-407.
Educational Enrichment Program for Deaf, Hard of Hearing, Blind, and Visually Impaired Students -- Funding for the program.
(1) There is established the Educational Enrichment Program for Deaf, Hard of Hearing, Blind, and Visually Impaired Students.
(2) The purpose of the program is to provide opportunities that will, in a family friendly environment, enhance the educational services required for deaf, hard of hearing, blind, visually impaired, or deafblind students.
(3) The advisory council shall make recommendations to the state board regarding the design and implementation of the program.
(4) The program shall be funded from the revenue distributed from the permanent funds created for the Utah Schools for the Deaf and the Blind pursuant to Section 12 of the Utah Enabling Act and distributed by the director of the School and Institutional Trust Lands Administration under Section 53C-3-103.
Amended by Chapter 186, 2019 General Session
Amended by Chapter 314, 2019 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 408 - Educational services for an individual with a hearing loss.

Effective 5/3/2023
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:
(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
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 409 - Instructional Materials Access Center -- Board to make rules.

Effective 5/12/2020
53E-8-409.
Instructional Materials Access Center -- Board to make rules.
(1) The state board shall collaborate with the Utah Schools for the Deaf and the Blind, school districts, and charter schools in establishing the Utah State Instructional Materials Access Center to provide students with print disabilities access to instructional materials in alternate formats in a timely manner.
(2) The state board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to:
(a) establish the Utah State Instructional Materials Access Center;
(b) define how the Utah Schools for the Deaf and the Blind shall collaborate in the operation of the Utah State Instructional Materials Access Center;
(c) specify procedures for the operation of the Utah State Instructional Materials Access Center, including procedures to:
(i) identify students who qualify for instructional materials in alternate formats; and
(ii) distribute and store instructional materials in alternate formats; and
(d) require textbook publishers, as a condition of contract, to provide electronic file sets in conformance with the National Instructional Materials Accessibility Standard.
Amended by Chapter 408, 2020 General Session
2023 Utah Code › Title 53E - Public Education System -- State Administration › Chapter 8 - Utah Schools for the Deaf and the Blind › Part 4 - Eligibility, Services, and Programs › Section 410 - School districts to provide space for programs.

Effective 5/14/2019
53E-8-410.
School districts to provide space for programs.
A school district with students who reside within the school district's boundaries and are served by the Utah Schools for the Deaf and the Blind shall make a good faith effort to provide the Utah Schools for the Deaf and the Blind with space required for programs offered by the Utah Schools for the Deaf and the Blind.
Amended by Chapter 314, 2019 General Session