R277-716-4. LEA Responsibilities

  (1) An LEA that receives funds under Title III shall assure that the LEA has a written plan that:

  (a) includes an identification process for students learning English, including a home language survey and a language proficiency for program placement, that is implemented with student registration;

  (b) uses a valid and reliable assessment of a student's English proficiency in:

  (i) listening;

  (ii) speaking;

  (iii) reading; and

  (iv) writing;

  (c) provides an evidence-based language instruction educational program based on Board-approved Utah English Language Proficiency Standards;

  (d) establishes student exit criteria from ALS programs or services; and

  (e) includes the count of students learning English, by classification, prior to July 1 of each year.

  (2) Following receipt of Title III funds, an LEA shall:

  (a) determine what type of Title III ALS services are available and appropriate for each student identified in need of ALS services, including:

  (i) dual immersion;

  (ii) ESL content-based; and

  (iii) sheltered instruction;

  (b) implement an approved language instruction educational program designed to achieve English proficiency and academic progress of an identified student;

  (c) ensure that all identified students learning English receive English language instructional services, consistent with Subsection (1)(c);

  (d) provide adequate staff development to assist a teacher and staff in supporting students learning English; and

  (e) provide necessary staff with:

  (i) curricular materials approved by the Instructional Materials Commission consistent with Rule R277-469; and

  (ii) facilities for adequate and effective training.

  (3) Following evaluation of student achievement and services, an LEA shall:

  (a) analyze results and determine the program's success or failure; and

  (b) modify a program or services that are not effective.

  (4) An LEA shall have a policy to identify and serve students who qualify for services under IDEA, including:

  (a) implementing procedures and training, consistent with federal regulations and state special education rules, that ensure students learning English are not misidentified as students with disabilities due to their inability to speak and understand English;

  (b) reviewing the assessment results of a student's language proficiency in English and other language prior to initiating evaluation activities, including selecting additional assessment tools;

  (c) conducting assessments for IDEA eligibility determination and educational programming in a student's native language when appropriate;

  (d) using nonverbal assessment tools when appropriate;

  (e) ensuring that accurate information regarding a student's language proficiency in English and another language is considered in evaluating assessment results;

  (f) considering results from assessments administered both in English and in a student's native language;

  (g) ensuring that all required written notices and communications with a parent who is not proficient in English are provided in the parent's preferred language, including utilizing interpretation services; and

  (h) coordinating the language instruction educational program and special education and related services to ensure that the IEP is implemented as written.

  (5) An LEA shall provide information and training to staff that:

  (a) limited English proficiency is not a disability; and

  (b) if there is evidence that a student with limited English proficiency has a disability, the staff shall refer the student for possible evaluation for eligibility under IDEA.

  (6)(a) An LEA shall notify a parent who is not proficient in English of the LEA's required activities.

  (b) A school shall provide information about required and optional school activities in a parent's preferred language.

  (c) An LEA shall provide interpretation and translation services for a parent at:

  (i) registration;

  (ii) an IEP meeting;

  (iii) an SEOP meeting;

  (iv) a parent-teacher conference; and

  (v) a student disciplinary meeting.

  (d) An LEA shall provide annual notice to a parent of a student placed in a language instruction educational program at the beginning of the school year or no later than 30 days after identification.

  (e) If a student has been identified as requiring ALS services after the school year has started, the LEA shall notify the student's parent within 14 days of the student's identification and placement.

  (7) A required notice described in Subsection (6) shall include:

  (a) the student's English proficiency level;

  (b) how the student's English proficiency level was assessed;

  (c) the status of the student's academic achievement;

  (d) the methods of instruction proposed to increase language acquisition, including using both the student's native language and English if necessary;

  (e) specifics regarding how the methods of instruction will help the child learn English and meet age-appropriate academic achievement standards for grade promotion and graduation; and

  (f) the specific exit requirements for the program including:

  (i) the student's expected rate of transition from the program into a classroom that is not tailored for a student learning English; and

  (ii) the student's expected high school graduation date if funds appropriated consistent with this rule are used for a secondary school student.