Section R277-726-8 - Services to Students with Disabilities and other Unique Learning Needs Participating in the Program(1)(a) If a student wishes to receive services under Section 504 of the Rehabilitation Act of 1973, the student shall make a request with either the student's primary school of enrollment or a provider.(b) Responsibility for ensuring a request is evaluated in accordance with federal law, Utah Code, and Board Rule resides with a primary school of enrollment.(c) If a student's request for services is initially directed to a provider, the provider shall immediately contact the 504 coordinator of the student's primary school of enrollment.(d) Under the direction of the primary school of enrollment where feasible, the student's primary school of enrollment and the provider shall jointly evaluate a student's request under Subsection (1)(a) and determine if the student is eligible for related aids, accommodations, and services under Section 504.(e) The provider shall implement the Section 504 plan in accordance with Subsection (1)(d).(2) If a student's request for services is initially directed to a provider and a good faith effort at cooperation with the student's primary school of enrollment is unsuccessful, the provider may determine student eligibility and provide services.(3) If a student with an existing Section 504 plan for related aids, accommodations, or services newly enrolls in online courses or requests amendments related to an existing plan for related aids, accommodations, and services: (a) the primary school of enrollment and the provider shall jointly prepare a Section 504 plan in accordance with Subsection (4); and(b) the provider shall implement the Section 504 plan and provide related aids, accommodations, and services to the student in accordance with the student's Section 504 plan.(4) To prepare or amend a 504 plan for related aids, accommodations, and services under Section 504 of the Rehabilitation Act of 1973, the committee evaluating the student shall:(a) be drawn jointly from the student's primary school of enrollment and the provider; and(b) include persons knowledgeable about the student, the meaning of the evaluation data, and placement options available in a virtual environment.(5) If a home or private school student requests services under Section 504 of the Rehabilitation Act of 1973, a provider may determine student eligibility, prepare a 504 plan for the home or private school student's online program, and provide related aids, accommodations, and services.(6) For a student enrolled in a primary LEA of enrollment, if a student participating in the program qualifies to receive services under the IDEA: (a) the student's primary LEA of enrollment shall:(i) forward a copy of an existing IEP or relevant sections to a provider;(ii) working with a provider LEA representative, review and determine implementation of an IEP for the student within a timeline consistent with IDEA requirements;(iii) working with a provider LEA representative, review and revise, as the IEP determines appropriate an existing IEP with necessary accommodations and services, considering the courses selected by the student;(iv) provide the IEP described in Subsection (6)(a)(i) to the provider within 24 business hours of completion of the student's IEP or within a timeline consistent with IDEA requirements; and(v) continue to claim the student in the primary LEA of enrollment's membership; and(b) the provider shall provide special education services and accommodations to the student in accordance with the student's IEP.(7) If a home or private school student requests an evaluation for eligibility to receive special education services:(a) the home or private school student's resident school shall: (i) evaluate the student's eligibility for services under the IDEA;(ii) if eligible, the student may enroll in the LEA that will prepare an IEP for the student, with input from the provider LEA, in accordance with the timelines required by the IDEA;(iii) provide the IEP described in Subsection (7)(a)(ii) to the provider within 72 business hours of completion of the student's IEP; and(b) the provider shall provide special education services and accommodations to the student in accordance with the student's IEP described in Subsection (7)(a)(i) including in cases where the provider utilizes a third party provider for delivery of educational or other services.(8)(a) A provider shall implement a Section 504 plan for an eligible student as directed by the primary LEA or school of enrollment.(b) If a student with an existing Section 504 plan newly enrolls in online courses or requests amendments to an existing plan, the primary school of enrollment and the provider, working jointly, shall prepare a revised Section 504 plan, as appropriate.(c) If the student's request for services is initially directed to a provider and a good faith effort at cooperation with the student's primary school of enrollment is unsuccessful, the provider may determine student eligibility and provide services.(d) When preparing or amending a Section 504 plan, the evaluation committee shall include individuals from the student's primary school of enrollment and the provider, including persons knowledgeable about the student, the meaning of the evaluation data, and placement options available in a virtual environment.(9)(a) A provider shall administer a home language survey upon initial student registration.(b) If a provider suspects that a student qualifies for alternative language services or other Title III services, a provider shall contact the Title III Coordinator at the student's primary LEA or primary school of enrollment.(c) A provider shall implement an individual learning plan as directed by the primary LEA or primary school of enrollment for a student who is eligible for alternative language services of Title II services.(10) For a student needing alternative language services, who is multilingual, an immigrant, or a refugee:(a) the provider and the primary LEA or primary school of enrollment shall develop an individual learning plan in cooperation with persons knowledgeable about the student, the meaning of the evaluation data, and the placement options available for the student in a virtual environment, which outline a student's current level of ability, and identifies specific goals for future attainment, progress, and exit criteria;(b) the primary LEA or primary school of enrollment shall identify the need for alternative language services through administration of a home language survey and WIDA testing; and(c) the primary LEA or primary school of enrollment shall administer a language instruction Educational Program in which a student learning English is placed for developing and attaining English proficiency, while meeting state standards.Utah Admin. Code R277-726-8
Amended by Utah State Bulletin Number 2016-5, effective 2/8/2016Amended by Utah State Bulletin Number 2016-17, effective 8/11/2016Amended by Utah State Bulletin Number 2017-1, effective 12/8/2016Amended by Utah State Bulletin Number 2019-12, effective 5/23/2019Amended by Utah State Bulletin Number 2020-07, effective 3/12/2020Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021Amended by Utah State Bulletin Number 2021-19, effective 9/22/2021Amended by Utah State Bulletin Number 2022-10, effective 5/11/2022Amended by Utah State Bulletin Number 2022-17, effective 8/22/2022Amended by Utah State Bulletin Number 2022-22, effective 11/7/2022Amended by Utah State Bulletin Number 2023-16, effective 8/8/2023Amended by Utah State Bulletin Number 2024-16, effective 8/7/2024