§ 53E-7-207 — Local education agency special education duty and authority.

Utah § 53E-7-207

• Jurisdiction: Utah
• Title 53E: Public Education System -- State Administration
• Ch. 53E-7: Special Education
• Part 53E-7-2: Special Education Program

Text

(1) An LEA shall, at no cost to the eligible student, provide a full continuum of special education services and placements to an eligible student enrolled at the LEA.
(2) As determined by an eligible student's IEP team, an LEA may provide special education to an eligible student in the least restrictive environment as determined by the eligible student's IEP team, regardless of whether the other students in the class or setting are eligible students.
(3) (3)(a) Upon request of the Division of Child and Family Services and if the LEA obtains appropriate consent for the evaluation, an LEA shall provide an initial special education evaluation to an individual who enters the custody of the Division of Child and Family Services, if the Division of Child and Family Services suspects the individual may be an eligible student.
(3)(b) (3)(b)(i) Except as provided in Subsection (3)(b)(ii), the LEA shall conduct an evaluation described in Subsection (3)(a) within 30 days after the day on which the Division of Child and Family Services makes the request.
(3)(b)(ii) An LEA may refuse to conduct an evaluation described in Subsection (3)(a) if the LEA reviews the relevant data regarding the individual and, within 10 days after the day on which the LEA received the request described in Subsection (3)(a), gives the Division of Child and Family Services written prior notice of refusal to evaluate.
(4) (4)(a) In accordance with Subsection (4)(b), an LEA may provide education or training for an individual with a disability who is:
(4)(a)(i) younger than 3 years old; or
(4)(a)(ii) at least 22 years old and not an eligible student.
(4)(b) (4)(b)(i) Except as provided in Subsection (4)(b)(ii), an LEA may not use funding described in Title 53F, Chapter 2, State Funding -- Minimum School Program, to pay for the cost of education or training described in Subsection (4)(a).
(4)(b)(ii) An LEA may use adult education program funding described in Section 53F-2-401, in accordance with the requirements described in Section 53F-2-401, to pay for the cost of the education or training described in Subsection (4)(a).
(4)(c) To pay for the cost of education or training described in Subsection (4)(a), an LEA may use fees, contributions, or other funds received by the LEA if the purpose of the fees, contributions, or other funds is to provide the education or training.
(5) In accordance with Subsection (6) and beginning July 1, 2025:
(5)(a) An LEA shall provide education to all students within the LEA in the least restrictive environment possible that does not predictably threaten serious bodily injury to educators, school staff, or other students.
(5)(b) An LEA shall provide education to all students within the LEA in the least restrictive environment possible that does not result in a pattern of behavior that interferes substantially and materially with the instruction of the other students in the classroom.
(5)(c) An LEA shall provide an environment to all educators, school staff, and students in the least restrictive environment possible that does not allow for repeated:
(5)(c)(i) verbal or physical sexual harassment; or
(5)(c)(ii) sexual assault.
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board shall make rules to ensure implementation of the requirements described in Subsection (5).
(7) Nothing in this section creates a private right of action or constitutes a waiver of immunity under Section 63G-7-301.

Legislative History

Amended by Chapter 69, 2024 General Session