R277-726-8. Services to Students with Disabilities Participating in the Program

  (1)(a) If a student wishes to receive services under Section 504 of the Rehabilitation Act of 1973, the student shall make a request with the student's primary school of enrollment.

  (b) The primary school of enrollment shall evaluate a student's request under Subsection (1)(a) and determine if a student is eligible for Section 504 accommodations.

  (c) If the primary school of enrollment determines the student is eligible, the school shall prepare a Section 504 plan and implement the plan in accordance with Subsection (2)(b).

  (2)(a) If a student requests services related to an existing Section 504 accommodation, a provider shall:

  (i) except as provided in Subsection (2)(b), review and implement the plan for the student; and

  (ii) provide the services or accommodations to the student in accordance with the student's Section 504 plan.

  (b) An LEA of enrollment shall provide a Section 504 plan of a student to a provider within 72 business hours if:

  (i) the student is enrolled in a primary LEA of enrollment; and

  (ii) the primary LEA of enrollment has a current Section 504 plan for the student.

  (2) For a student enrolled in a primary LEA of enrollment, if a student participating in the program qualifies to receive services under the IDEA:

  (a) the student's primary LEA of enrollment shall:

  (i) working with a provider LEA representative, review or develop an IEP for the student within ten days of enrollment;

  (ii) working with a provider LEA representative, update an existing IEP with necessary accommodations and services, considering the courses selected by the student;

  (iii) provide the IEP described in Subsection (2)(a)(i) to the provider within 72 business hours of completion of the student's IEP; and

  (iv) continue to claim the student in the primary LEA of enrollment's membership; and

  (b) the provider shall provide special education services and accommodations to the student in accordance with the student's IEP described in Subsection (2)(a)(i).

  (3) If a home or private school student requests an evaluation for eligibility to receive special education services:

  (a) the home or private school student's resident school shall:

  (i) evaluate the student's eligibility for services under the IDEA;

  (ii) if eligible, prepare an IEP for the student, with input from the provider LEA, in accordance with the timelines required by the IDEA;

  (iii) provide the IEP described in Subsection (4)(a)(ii) to the provider within 72 business hours of completion of the student's IEP; and

  (iv) claim the student in the resident school's membership; and

  (b) the provider shall provide special education services and accommodations to the student in accordance with the student's IEP described in Subsection (4)(a)(i).