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7 LONG TITLE
8 General Description:
9 This bill mandates specific communication between private schools and local education
10 agencies, and between private schools and parents or legal guardians, regarding
11 students with disabilities.
12 Highlighted Provisions:
13 This bill:
14 ▸ defines terms; and
15 ▸ requires a private school to:
16 • provide local education agencies with personally identifiable information of
17 students with disabilities; and
18 • provide parents of students with disabilities information regarding individual
19 rights and school resources.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 ENACTS:
26 53A-15-303.1, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 53A-15-303.1 is enacted to read:
30 53A-15-303.1. School district communication with private schools for students
31 with disabilities.
32 (1) As used in this section:
33 (a) "District school" means a public school under the control of a local school board
34 elected under Title 20A, Chapter 14, Nomination and Election of State and Local School
35 Boards.
36 (b) "IEP" means an individualized education program under the Individuals with
37 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq.
38 (c) "Local education agency" or "LEA" means:
39 (i) a district school;
40 (ii) a charter school; or
41 (iii) the Utah Schools for the Deaf and the Blind.
42 (d) "Personally identifiable information" means the same as that term is described in
43 the Family Educational Rights and Privacy Act, 34 C.F.R. Part 99.
44 (e) "Section 504 accommodation plan" means an accommodation plan a school creates
45 to provide a student free appropriate public education in accordance with Section 504 of the
46 Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.
47 (f) "Student" means a child who:
48 (i) is enrolled in a private school; and
49 (ii) resides within the geographical boundaries of a school district.
50 (g) "Student with a disability" means a student who is eligible for:
51 (i) an IEP;
52 (ii) a Section 504 accommodation plan; or
53 (iii) other special education accommodations that an LEA or school provides.
54 (2) A private school shall:
55 (a) disclose personally identifiable information of a student with a disability to an LEA
56 if:
57 (i) the parent or legal guardian of the student with a disability requests the disclosure;
58 or
59 (ii) the student with a disability enrolls at an LEA and the LEA requests the disclosure;
60 and
61 (b) provide the parent or legal guardian of a student with a disability information
62 regarding rights and services a student with a disability is entitled to under the Individuals with
63 Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., including:
64 (i) the right to free, appropriate public education; and
65 (ii) an IEP.