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H.B. 146
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5 AN ACT RELATING TO PUBLIC SCHOOLS; MODIFYING SPECIAL EDUCATION
6 DEFINITIONS AND RULES TO BE ADOPTED BY THE STATE BOARD OF EDUCATION;
7 MODIFYING PROVISIONS REGARDING PARTICIPATION OF STUDENTS WITH A
8 DISABILITY IN EXTRACURRICULAR ACTIVITIES; MODIFYING THE PROCESS BY
9 WHICH DISPUTES ARE RESOLVED OVER EDUCATIONAL PROGRAMS AND RIGHTS
10 AND RESPONSIBILITIES OF STUDENTS WITH DISABILITIES, THEIR PARENTS, AND
11 THE PUBLIC SCHOOLS; AND PROVIDING A REPEALER.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 53A-15-301, as last amended by Chapter 53, Laws of Utah 1992
15 53A-15-303.5, as last amended by Chapter 53, Laws of Utah 1992
16 53A-15-305, as enacted by Chapter 238, Laws of Utah 1997
17 REPEALS:
18 53A-15-303.7, as enacted by Chapter 121, Laws of Utah 1993
19 Be it enacted by the Legislature of the state of Utah:
20 Section 1. Section 53A-15-301 is amended to read:
21 53A-15-301. Education programs for students with disabilities -- Supervision by the
22 State Board of Education -- Enforcement.
23 (1) (a) All students with disabilities, who are between the ages of three and 22 and have
24 not graduated from high school with a regular diploma, are entitled to a free, appropriate public
25 education.
26 (b) The State Board of Education shall adopt rules consistent with applicable state and
27 federal law to implement this chapter.
28 (2) The rules adopted by the state board shall include the following:
29 (a) appropriate and timely identification of students with disabilities;
30 (b) diagnosis, evaluation, and classification by [
31 (c) standards for classes and services;
32 (d) provision for multidistrict programs;
33 (e) provision for [
34 responsibilities;
35 (f) certification and qualifications for instructional staff; and
36 (g) [
37 enrollment students attending public school on a part-time basis under Section 53A-11-102.5 .
38 (3) (a) The state board shall have general control and supervision over all educational
39 programs for students within the state who have disabilities.
40 (b) Those programs must comply with rules adopted by the state board under this section.
41 (4) The state superintendent of public instruction shall enforce this chapter.
42 Section 2. Section 53A-15-303.5 is amended to read:
43 53A-15-303.5. Participation of students with a disability in extracurricular activities.
44 (1) A student with a disability may not be denied the opportunity of participating in public
45 school programs or extracurricular activities solely because of the student's age, unless the
46 participation threatens the health or safety of the student.
47 (2) The school district in cooperation with the Utah Department of Health shall establish
48 criteria used to determine the health and safety factor.
49 (3) Subsection (1) applies to a student who:
50 (a) has not graduated from high school with a regular diploma; and [
51 (b) is under the age of 20, if participation is recommended by the student's individualized
52 education program team.
53 Section 3. Section 53A-15-305 is amended to read:
54 53A-15-305. Resolution of disputes in special education -- Hearing request --
55 Timelines -- Levels -- Appeal process -- Recovery of costs.
56 (1) The Legislature finds that it is in the best interest of students with disabilities to
57 provide for a prompt and fair final resolution of disputes which may arise over educational
58 programs and rights and responsibilities of students with disabilities, their parents, and the public
59 schools.
60 (2) Therefore, the State Board of Education shall adopt rules meeting the requirements of
61 20 U.S.C. Section 1415 governing the establishment and maintenance of procedural safeguards
62 for students with disabilities and their parents or guardians as to the provision of free, appropriate
63 public education to those students.
64 (3) The timelines established [
65 provide adequate time [
66 or delaying the provision of free, appropriate public education for students with disabilities.
67 (4) Prior to seeking a hearing or other formal proceedings, the parties to a dispute under
68 this section shall make a good faith effort to resolve the dispute informally at the school building
69 level.
70 (5) (a) If the dispute is not resolved under Subsection (4), [
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74 (b) The hearing shall be conducted under rules adopted by the board in accordance with
75 20 U.S.C. Section 1415.
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90 Subsection [
91 (b) The party must file the judicial appeal within 30 days after issuance of the [
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94 seeking recovery of attorney fees under 20 U.S.C. Section 1415(e) for a special education
95 administrative action shall file a court action within 30 days after issuance of a decision under
96 Subsection [
97 Section 4. Repealer.
98 This act repeals:
99 Section 53A-15-303.7, Unique arts for students with disabilities pilot program.
Legislative Review Note
as of 1-27-00 7:58 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.