Representative Eric K. Hutchings proposes the following substitute bill:




Chief Sponsor: Gene Davis

House Sponsor: Eric K. Hutchings


8     General Description:
9          This bill addresses the distribution of any appropriations to the State Board of
10     Education for reimbursement for certain services rendered to a student with a Section
11     504 accommodation plan.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     requires the State Board of Education (the board) to make rules regarding the
16     disposition of any money appropriated to the board to reimburse local education
17     agencies for certain services rendered to a student with a Section 504
18     accommodation plan; and
19          ▸     requires the board to present draft rules to the Public Education Appropriations
20     Subcommittee or Education Interim Committee for review and recommendation.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     ENACTS:
27          53A-17a-112.2, Utah Code Annotated 1953

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 53A-17a-112.2 is enacted to read:
31          53A-17a-112.2. Appropriation for accommodation plans for students with autism
32     spectrum disorders.
33          (1) As used in this section:
34          (a) "Board" means the State Board of Education.
35          (b) "Local education agency" or "LEA" means:
36          (i) a school district;
37          (ii) a charter school; or
38          (iii) the Utah Schools for the Deaf and the Blind.
39          (c) "Section 504 accommodation plan" means an accommodation plan under Section
40     504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 701 et seq.
41          (2) (a) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
42     Administrative Rulemaking Act, that establish a reimbursement program that:
43          (i) distributes any money appropriated to the board for Special Education -- Section
44     504 Accommodations;
45          (ii) allows an LEA to apply for reimbursement of the costs of services that:
46          (A) an LEA renders to a student with a Section 504 accommodation plan; and
47          (B) exceed 150% of the average cost of a general education student; and
48          (iii) provides for a pro-rated reimbursement based on the amount of reimbursement
49     applications received during a given fiscal year and the amount of money appropriated to the
50     board that fiscal year.
51          (b) Beginning with the 2018-19 school year, the board shall allocate money
52     appropriated to the board for Special Education -- Section 504 Accommodations in accordance
53     with the rules described in Subsection (2)(a).
54          (3) On or before January 30, 2018, the board shall report to the Public Education
55     Appropriations Subcommittee:
56          (a) information collected regarding the number of students who qualify for a Section

57     504 accommodation plan; and
58          (b) if available, the estimated financial impact of providing Section 504
59     accommodation services to the number of students described in Subsection (3)(a).