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H.B. 146 Enrolled
AN ACT RELATING TO PUBLIC SCHOOLS; MODIFYING SPECIAL EDUCATION
DEFINITIONS AND RULES TO BE ADOPTED BY THE STATE BOARD OF EDUCATION;
MODIFYING PROVISIONS REGARDING PARTICIPATION OF STUDENTS WITH A
DISABILITY IN EXTRACURRICULAR ACTIVITIES; MODIFYING THE PROCESS BY
WHICH DISPUTES ARE RESOLVED OVER EDUCATIONAL PROGRAMS AND RIGHTS
AND RESPONSIBILITIES OF STUDENTS WITH DISABILITIES, THEIR PARENTS, AND
THE PUBLIC SCHOOLS; AND PROVIDING A REPEALER.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
53A-15-301, as last amended by Chapter 53, Laws of Utah 1992
53A-15-303.5, as last amended by Chapter 53, Laws of Utah 1992
53A-15-305, as enacted by Chapter 238, Laws of Utah 1997
REPEALS:
53A-15-303.7, as enacted by Chapter 121, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 53A-15-301 is amended to read:
53A-15-301. Education programs for students with disabilities -- Supervision by the
State Board of Education -- Enforcement.
(1) (a) All students with disabilities, who are between the ages of three and 22 and have
not graduated from high school with a regular diploma, are entitled to a free, appropriate public
education.
(b) The State Board of Education shall adopt rules consistent with applicable state and
federal law to implement this chapter.
(2) The rules adopted by the state board shall include the following:
(a) appropriate and timely identification of students with disabilities;
(b) diagnosis, evaluation, and classification by [
(c) standards for classes and services;
(d) provision for multidistrict programs;
(e) provision for [
(f) certification and qualifications for instructional staff; and
(g) [
students attending public school on a part-time basis under Section 53A-11-102.5 .
(3) (a) The state board shall have general control and supervision over all educational
programs for students within the state who have disabilities.
(b) Those programs must comply with rules adopted by the state board under this section.
(4) The state superintendent of public instruction shall enforce this chapter.
Section 2. Section 53A-15-303.5 is amended to read:
53A-15-303.5. Participation of students with a disability in extracurricular activities.
(1) A student with a disability may not be denied the opportunity of participating in public
school programs or extracurricular activities solely because of the student's age, unless the
participation threatens the health or safety of the student.
(2) The school district in cooperation with the Utah Department of Health shall establish
criteria used to determine the health and safety factor.
(3) Subsection (1) applies to a student who:
(a) has not graduated from high school with a regular diploma; and [
(b) is under the age of 20, if participation is recommended by the student's individualized
education program team.
Section 3. Section 53A-15-305 is amended to read:
53A-15-305. Resolution of disputes in special education -- Hearing request -- Timelines
-- Levels -- Appeal process -- Recovery of costs.
(1) The Legislature finds that it is in the best interest of students with disabilities to provide
for a prompt and fair final resolution of disputes which may arise over educational programs and
rights and responsibilities of students with disabilities, their parents, and the public schools.
(2) Therefore, the State Board of Education shall adopt rules meeting the requirements of
20 U.S.C. Section 1415 governing the establishment and maintenance of procedural safeguards for
students with disabilities and their parents or guardians as to the provision of free, appropriate public
education to those students.
(3) The timelines established [
provide adequate time [
delaying the provision of free, appropriate public education for students with disabilities.
(4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute under this
section shall make a good faith effort to resolve the dispute informally at the school building level.
(5) (a) If the dispute is not resolved under Subsection (4), [
(b) The hearing shall be conducted under rules adopted by the board in accordance with 20
U.S.C. Section 1415.
[
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(b) The party must file the judicial appeal within 30 days after issuance of the [
due process hearing decision.
[
seeking recovery of attorney fees under 20 U.S.C. Section 1415(e) for a special education
administrative action shall file a court action within 30 days after issuance of a decision under
Subsection [
Section 4. Repealer.
This act repeals:
Section 53A-15-303.7, Unique arts for students with disabilities pilot program.
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