1     
SPECIAL EDUCATION AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Susan Pulsipher

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to services for students with disabilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends a provision related to the State Board of Education's responsibility for the
13     education of certain individuals;
14          ▸     amends a provision related to the ages for free, appropriate public education for
15     students with disabilities;
16          ▸     amends the definition of "blind student";
17          ▸     repeals provisions related to the appointment and duties of a state director of special
18     education; and
19          ▸     makes technical and conforming changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          53E-3-503, as renumbered and amended by Laws of Utah 2018, Chapter 1
27          53E-7-202, as renumbered and amended by Laws of Utah 2018, Chapter 1
28          53E-7-204, as renumbered and amended by Laws of Utah 2018, Chapter 1
29          53E-7-301, as renumbered and amended by Laws of Utah 2018, Chapter 1
30     REPEALS:
31          53E-7-203, as renumbered and amended by Laws of Utah 2018, Chapter 1
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 53E-3-503 is amended to read:
35          53E-3-503. Education of individuals in custody of or receiving services from
36     certain state agencies -- Establishment of coordinating council -- Advisory councils.
37          (1) For purposes of this section, "board" means the State Board of Education.
38          (2) (a) The board is directly responsible for the education of all [persons under the age
39     of 21 who are:] individuals who are:
40          (i) (A) younger than 21 years old; or
41          (B) students with disabilities entitled to a free, appropriate public education as
42     described in Section 53E-7-202; and
43          [(i)] (ii) (A) receiving services from the Department of Human Services;
44          [(ii)] (B) in the custody of an equivalent agency of a Native American tribe recognized
45     by the United States Bureau of Indian Affairs and whose custodial parent or legal guardian
46     resides within the state; or
47          [(iii)] (C) being held in a juvenile detention facility.
48          (b) The board shall [adopt] make rules, in accordance with Title 63G, Chapter 3, Utah
49     Administrative Rulemaking Act, to provide for the distribution of funds for the education of
50     [persons] individuals described in Subsection (2)(a).
51          (3) Subsection [(2)(a)(ii)] (2)(a)(ii)(B) does not apply to [persons] an individual taken
52     into custody for the primary purpose of obtaining access to education programs provided for
53     youth in custody.
54          (4) The board shall, where feasible, contract with school districts or other appropriate
55     agencies to provide educational, administrative, and supportive services, but the board shall
56     retain responsibility for the programs.
57          (5) The Legislature shall establish and maintain separate education budget categories
58     for youth in custody or who are under the jurisdiction of the following state agencies:
59          (a) detention centers and the Divisions of Juvenile Justice Services and Child and
60     Family Services;
61          (b) the Division of Substance Abuse and Mental Health; and
62          (c) the Division of Services for People with Disabilities.
63          (6) (a) The Department of Human Services and the [State Board of Education] board
64     shall appoint a coordinating council to plan, coordinate, and recommend budget, policy, and
65     program guidelines for the education and treatment of persons in the custody of the Division of
66     Juvenile Justice Services and the Division of Child and Family Services.
67          (b) The [department] Department of Human Services and the board may appoint
68     similar councils for those in the custody of the Division of Substance Abuse and Mental Health
69     or the Division of Services for People with Disabilities.
70          (7) A school district contracting to provide services under Subsection (4) shall
71     establish an advisory council to plan, coordinate, and review education and treatment programs
72     for [persons] individuals held in custody in the district.
73          Section 2. Section 53E-7-202 is amended to read:
74          53E-7-202. Education programs for students with disabilities -- Supervision by
75     the State Board of Education -- Enforcement.
76          (1) (a) All students with disabilities, who are [between the ages of three and 22] 3 years
77     old or older but younger than 22 years old and have not graduated from high school with a
78     regular diploma, are entitled to a free, appropriate public education.
79          (b) For purposes of Subsection (1)(a), if a student with a disability turns 22 during the
80     school year, the entitlement extends to the[:] end of the school year.
81          [(i) beginning of the school's winter holiday for those who turn 22 on or after the
82     beginning of the school year and before December 31; and]
83          [(ii) end of the school year for those who turn 22 after December 31 and before the end
84     of the school year.]
85          (c) [The] In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
86     Act, the State Board of Education shall adopt rules consistent with applicable state and federal
87     law to implement this part.
88          (2) The rules adopted by the [state board] State Board of Education shall include the
89     following:
90          (a) appropriate and timely identification of students with disabilities;
91          (b) diagnosis, evaluation, and classification by qualified personnel;
92          (c) standards for classes and services;
93          (d) provision for multidistrict programs;
94          (e) provision for delivery of service responsibilities;
95          (f) certification and qualifications for instructional staff; and
96          (g) services for dual enrollment students attending public school on a part-time basis
97     under Section 53G-6-702.
98          (3) (a) The [state board] State Board of Education shall have general control and
99     supervision over all educational programs for students within the state who have disabilities.
100          (b) Those programs must comply with rules adopted by the [state board] State Board of
101     Education under this section.
102          (4) The state superintendent of public instruction shall enforce this part.
103          Section 3. Section 53E-7-204 is amended to read:
104          53E-7-204. School district responsibility -- Reimbursement of costs -- Other
105     programs.
106          (1) (a) Each school district shall provide, either singly or in cooperation with other
107     school districts or public institutions, a free, appropriate education program for all students
108     with disabilities who are residents of the district.
109          (b) The program shall include necessary special facilities, instruction, and
110     education-related services.
111          (c) The costs of a district's program, or a district's share of a joint program, shall be
112     paid from district funds.
113          (2) School districts that provide special education services under this part in
114     accordance with applicable rules of the State Board of Education shall receive reimbursement
115     from the board under Title 53F, Chapter 2, State Funding -- Minimum School Program, and
116     other applicable laws.
117          (3) (a) A school district may, singly or in cooperation with other public entities,
118     provide education and training for persons with disabilities who are:
119          (i) younger than [three] 3 years old; or
120          (ii) older than 22 [consistent with] years old as described in Subsection 53E-7-202(1).
121          (b) The cost of such a program may be paid from fees, contributions, and other funds
122     received by the district for support of the program, but may not be paid from public education
123     funds.
124          Section 4. Section 53E-7-301 is amended to read:
125          53E-7-301. Definitions.
126          As used in this part:
127          (1) "Blind student" means an individual [between ages three through 21 who is], who
128     is 3 years old or older but younger than 22 years old and eligible for special education services,
129     [and] who:
130          (a) has a visual acuity of 20/200 or less in the better eye with correcting lenses or has a
131     limited field of vision such that the widest diameter subtends an angular distance no greater
132     than 20 degrees;
133          (b) has a medically indicated expectation of visual deterioration; or
134          (c) has functional blindness.
135          (2) "Braille" means the system of reading and writing through touch, commonly known
136     as English Braille.
137          (3) "Functional blindness" means a visual impairment that renders a student unable to
138     read or write print at a level commensurate with the student's cognitive abilities.
139          (4) "Individualized education program" or "IEP" means a written statement developed
140     for a student eligible for special education services pursuant to the Individuals with Disabilities
141     Education Act, 20 U.S.C. Section 1414(d).
142          Section 5. Repealer.
143          This bill repeals:
144          Section 53E-7-203, State director of special education -- Qualifications -- Duties.




Legislative Review Note
Office of Legislative Research and General Counsel