§ 53E-7-204 — State board special education authority and duties -- Rulemaking.

(1) The state board shall have general control and supervision over LEA special education programs in the state for eligible students.
(2) A program described in Subsection (1) shall comply with state board rule.
(3) In accordance with federal and state law, the state board shall make rules to implement this part, including provisions that ensure:

(3)(a) appropriate and timely identification of a potentially eligible student;
(3)(b) the evaluation of a student and classification of a student as an eligible student by qualified personnel;
(3)(c) standards for special education services and supports;
(3)(d) availability of LEA special education programs;
(3)(e) delivery of special education in the least restrictive environment as determined by an eligible student's IEP team;
(3)(f) certification and qualification for the instructional staff of eligible students; and
(3)(g) special education services for eligible students who are dual enrollment students attending public school on a part-time basis as described in Section 53G-6-702.
(4) In accordance with federal and state law, the state board may make rules to otherwise administer the state board's authority described in Subsection (1).

Legislative History

Amended by Chapter 431, 2022 General Session