Section R277-115-4 - Third Party Provider Provision of Services(1) An LEA that contracts with a third party provider to provide an educational good or service on behalf of the LEA shall: (a) require in the LEA's contract with a third party provider that the third party provider shall provide, upon request of the LEA, information necessary for the LEA to verify that the educational good or service complies with: (i) Titles 53E, 53F, and 53G; and (b) establish monitoring and compliance procedures to ensure that a third party provider who provides educational services to a student on behalf of the LEA complies with this rule;(c) develop a written monitoring plan to supervise the educational good or service provided by the third party provider;(d) ensure the third party provider is complying with: (e) monitor and supervise all activities of the third party provider related to the educational good or service provided by the third party provider to the LEA;(f) maintain documentation of the LEA's supervisory activities consistent with the LEA's administrative records retention schedule; and(g) review the plan described in Subsection (c) and any documentation of supervisory activities with the LEA's audit committee no less than annually.(2) An LEA shall: (a) verify the accuracy and validity of a student's enrollment verification data, before enrolling a student in the LEA; and(b) provide a student and the student's parent or guardian with notification of the student's enrollment in a school or program within the LEA.(3) In accordance with Section 63A-12-103, an LEA shall maintain records documenting:(a) services provided by third party providers; and(b) payments made to third party providers.(4) In the event an LEA cancels a contract with an educational service provider, the LEA shall: (a) continue to provide educational goods or services to enrolled students for the rest of the school year; and(b) notify parents of the following information:(i) the planned elimination of the specific educational good or service provided by the educational service provider; (ii) the status of the student's enrollment; and (iii) any steps required of a student to transfer or unenroll.(5) When an LEA terminates a contract with an educational service provider, the LEA may incur a loss of hold harmless funds for the loss in student count the next fiscal year.(6) An LEA has direct and full responsibility for all actions of its third party providers and the third party provider's employees for actions performed in the scope of services provided on behalf of the LEA.Utah Admin. Code R277-115-4
Repealed by Utah State Bulletin Number 2017-17, effective 8/7/2017Amended by Utah State Bulletin Number 2023-08, effective 4/7/2023Amended by Utah State Bulletin Number 2024-14, effective 7/9/2024