8 LONG TITLE
9 General Description:
10 This bill amends provisions related to the delivery of special education services in
11 public schools.
12 Highlighted Provisions:
13 This bill:
14 ▸ requires a local education agency (LEA) to provide special education in the least
15 restrictive environment;
16 ▸ permits an LEA to:
17 • provide special education to a student with disabilities regardless of whether the
18 other students in the class or setting are students without a disability;
19 • use state special education funds for special education, even if doing so provides
20 an incidental benefit to students without a disability;
21 ▸ requires the State Board of Education to:
22 • make rules related to accounting for the use of state special education funds; and
23 • provide training on the appropriate use of special education funds to LEAs;
24 ▸ defines terms; and
25 ▸ makes technical and conforming changes.
26 Money Appropriated in this Bill:
28 Other Special Clauses:
30 Utah Code Sections Affected:
32 53E-7-201, as last amended by Laws of Utah 2019, Chapter 187 and last amended by
33 Coordination Clause, Laws of Utah 2019, Chapter 187
34 53E-7-204, as last amended by Laws of Utah 2020, Chapter 354
35 53E-7-206, as repealed and reenacted by Laws of Utah 2019, Chapter 187
36 53E-7-207, as repealed and reenacted by Laws of Utah 2019, Chapter 187
37 53E-7-208, as last amended by Laws of Utah 2020, Chapter 354
38 53F-2-307, as last amended by Laws of Utah 2020, Chapter 408
40 53E-7-209, Utah Code Annotated 1953
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 53E-7-201 is amended to read:
44 53E-7-201. Definitions.
45 As used in this part:
46 (1) "Child with a disability" means the same as that term is defined in 34 C.F.R. Sec.
48 (2) "Due process hearing" means an administrative due process hearing authorized by
49 20 U.S.C. Sec. 1415.
50 (3) "IEP team" means the same as that term is defined in 34 C.F.R. Sec. 300.321.
53 (a) implement an eligible student's IEP;
54 (b) appropriately and timely identify eligible students;
55 (c) evaluate and classify eligible students by qualified personnel;
56 (d) implement standards for special education classes and services;
57 (e) deliver special education service responsibilities;
58 (f) ensure special education instructional staff are appropriately credentialed; and
59 (g) provide services for dual enrollment students that are:
60 (i) eligible students; and
61 (ii) attending public school on a part-time basis.
62 (5) "Least restrictive environment" means the same as that term is defined in 34 C.F.R.
63 Secs. 300.114 through 300.116.
67 (7) "Specially designed instruction" means the same as that term is defined in C.F.R.
68 Sec. 300.39.
70 means a child with a disability who is:
71 (a) at least 3 years old but younger than 22 years old; or
72 (b) 22 years old, if the school year in which the child with a disability turned 22 years
73 old has not yet ended.
74 Section 2. Section 53E-7-204 is amended to read:
75 53E-7-204. State board special education authority and duties -- Rulemaking.
76 (1) The state board shall have general control and supervision over [
79 (2) A program described in Subsection (1) shall comply with state board rule.
80 (3) In accordance with federal and state law, the state board shall make rules to
81 implement this part, including provisions that ensure:
82 (a) appropriate and timely identification of a potential eligible student;
83 (b) the evaluation and classification of an eligible student by qualified personnel;
84 (c) standards for special education services and supports;
85 (d) availability of LEA special education programs;
86 (e) delivery of special education [
88 (f) certification and qualification for the instructional staff of eligible students; and
89 (g) special education [
90 attending public school on a part-time basis as described in Section 53G-6-702.
91 (4) In accordance with federal and state law, the state board may make rules to
92 otherwise administer the state board's authority described in Subsection (1).
93 Section 3. Section 53E-7-206 is amended to read:
94 53E-7-206. Special education funding.
95 In accordance with Title 53F, Chapter 2, State Funding -- Minimum School Program,
96 state board rule, and other applicable law, the state board shall administer the payment of
97 restricted state and federal funds to an LEA to provide special education [
98 eligible student.
99 Section 4. Section 53E-7-207 is amended to read:
100 53E-7-207. Local education agency special education duty and authority.
101 (1) An LEA shall, at no cost to the eligible student, provide to an eligible student
102 enrolled at the LEA a full continuum of special education services and placements to an
103 eligible student enrolled at the LEA.
104 (2) As determined by an eligible student's IEP team, an LEA may provide special
105 education to an eligible student, regardless of whether the other students in the class or setting
106 are eligible students.
108 obtains appropriate consent for the evaluation, an LEA shall provide an initial special
109 education evaluation to an individual who enters the custody of the Division of Child and
110 Family Services, if the Division of Child and Family Services suspects the individual may be
111 an eligible student.
112 (b) (i) Except as provided in Subsection [
113 evaluation described in Subsection [
114 Division of Child and Family Services makes the request.
115 (ii) An LEA may refuse to conduct an evaluation described in Subsection [
116 the LEA reviews the relevant data regarding the individual and, within 10 days after the day on
117 which the LEA received the request described in Subsection [
118 Child and Family Services written prior notice of refusal to evaluate.
120 or training for an individual with a disability who is:
121 (i) younger than 3 years old; or
122 (ii) at least 22 years old and not an eligible student.
123 (b) (i) Except as provided in Subsection [
124 described in Title 53F, Chapter 2, State Funding -- Minimum School Program, to pay for the
125 cost of education or training described in Subsection [
126 (ii) An LEA may use adult education program funding described in Section 53F-2-401,
127 in accordance with the requirements described in Section 53F-2-401, to pay for the cost of the
128 education or training described in Subsection [
129 (c) To pay for the cost of education or training described in Subsection [
130 LEA may use fees, contributions, or other funds received by the LEA if the purpose of the fees,
131 contributions, or other funds is to provide the education or training.
132 Section 5. Section 53E-7-208 is amended to read:
133 53E-7-208. Special education dispute resolution -- Rulemaking -- Due process
134 hearing -- Right to appeal.
135 (1) In accordance with this section, the state board shall make rules that:
136 (a) allow for a prompt, fair, and final resolution of a dispute that arises over the
137 provision of special education [
138 (b) establish and maintain procedural safeguards that meet the requirements of 20
139 U.S.C. Sec. 1415; and
140 (c) establish timelines that provide adequate time to address and resolve a dispute
141 described in Subsection (1)(a) without unnecessarily disrupting or delaying an eligible student's
142 free appropriate public education.
143 (2) A party to a dispute described in Subsection (1)(a), including an LEA, shall make a
144 diligent and good faith effort to resolve the dispute informally at the LEA level before seeking
145 a due process hearing under state board rule.
146 (3) (a) If a dispute is not resolved informally as described in Subsection (2), a party to
147 the dispute may request a due process hearing in accordance with state board rule.
148 (b) Upon request of a party to a dispute described in Subsection (2), the state board
149 shall, in accordance with state board rule and 20 U.S.C. Sec. 1415:
150 (i) conduct a due process hearing; and
151 (ii) issue a decision on the due process hearing.
152 (4) (a) A party to a due process hearing may appeal the decision resulting from the due
153 process hearing by filing a civil action with a court described in 20 U.S.C. Sec. 1415(i), if the
154 party files the action within 30 days after the day on which the due process hearing decision
155 was issued.
156 (b) If parties to a due process hearing fail to reach agreement on the payment of
157 attorney fees for the due process hearing, a party may seek to recover attorney fees in
158 accordance with 20 U.S.C. Sec. 1415(i) by filing a court action within 30 days after the day on
159 which the due process hearing decision was issued.
160 Section 6. Section 53E-7-209 is enacted to read:
161 53E-7-209. Use of state special education funds.
162 (1) An LEA may use state special education funds to:
163 (a) provide special education or specially designed instruction in the least restrictive
164 environment; or
165 (b) (i) employ appropriately credentialed staff necessary to provide specially designed
166 instruction and related services; or
167 (ii) employ staff who are trained and supervised by appropriately credentialed staff
168 necessary to provide specially designed instruction and related services.
169 (2) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah
170 Administrative Rulemaking Act:
171 (a) for accounting for the use of state special education funds; and
172 (b) for documentation required for an LEA to demonstrate appropriate use of state
173 special education funds under this section.
174 (3) The state board shall annually provide training and training materials to LEAs on:
175 (a) appropriate use of state special education funds;
176 (b) rules the state board creates under Subsection (2)(a); and
177 (c) the documentation described in Subsection (2)(b).
178 Section 7. Section 53F-2-307 is amended to read:
179 53F-2-307. Weighted pupil units for programs for students with disabilities --
180 Local school board allocation.
181 (1) As used in this section:
182 (a) "Incidental benefit" means the same as "services and aids that also benefit
183 nondisabled children" is defined in 34 C.F.R. Sec. 300.208.
184 (b) "LEA" means:
185 (i) a school district; or
186 (ii) a charter school.
188 the direct cost of programs for those students conducted in accordance with rules established by
189 the state board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
192 disabilities but may include expenditures for approved programs of services conducted for
194 classes, even if the programs or services provide an incidental benefit to a student who is not a
195 student with a disability.
197 standards for determining which students have disabilities and shall assist [
201 (5) The state board shall evaluate the standards and guidelines that establish the
202 identifying criteria for disability classifications to assure strict compliance with those standards
203 by the [
205 board for add-on WPUs for students with disabilities enrolled in regular programs [
208 (b) The state board shall use [
209 number of special education add-on weighted pupil units determined by the previous five year's
210 average daily membership data as a foundation for the special education add-on appropriation.
211 (c) [
212 for the current year may not be less than the foundation special education add-on WPUs.
213 (d) (i) Growth WPUs shall be added to the prior year special education add-on WPUs,
214 and growth WPUs shall be determined [
216 total special education ADM of two years previous to the current year to the [
217 education ADM three years previous to the current year, not to exceed the official October total
218 school district growth factor from the prior year.
220 total special education ADM for a given year is limited to 12.18% of the school district's [
221 total student ADM for the same year.
223 special education ADM of two years previous to the current year.
225 multiplied by 1.53 weighted pupil units and added to the prior year special education add-on
226 WPU to determine each [
228 disabilities does not meet the costs of [
229 programs, each [
230 generated for each student with a disability under the basic program.