R277-800-5. USDB or Student's District of Residence/Charter School as Designated LEA

  (1) To be eligible to receive free services from the USDB, a student must meet the requirements of Section 53E-8-401.

  (2)(a) A student's IEP or Section 504 accommodation plan shall determine a student's placement at the USDB, in a district school or charter school.

  (b) USDB shall limit its services for students who are school-age to those on an IEP or Section 504 accommodation plan.

  (3) Consistent with Subsection 53E-8-401(3), an IEP team or Section 504 team shall determine the appropriate placement for each blind, deaf or deafblind student consistent with Board Special Education Rules incorporated by reference in Section R277-750-2.

  (4) It is the responsibility of the student's district of residence or charter school to conduct Child Find , and to convene the initial IEP or Section 504 team meeting in order to determine a student's placement.

  (a) A student's initial IEP or Section 504 accommodation plan meeting shall include a representative from the student's district of residence or charter school and a representative from the USDB.

  (b) An LEA shall defer, where appropriate, to the parental preference in the IEP or Section 504 accommodation plan process consistent with Subsection 53E-8-401(3)(c).

  (c) Notwithstanding, Subsection (4)(b), in compliance with the IDEA, the final placement decision, as documented on the IEP or Section 504 accommodation plan, shall document a free appropriate public education for the student and shall not be determined solely by parental preference.

  (5)(a) If USDB is the designated LEA for a student, USDB has full responsibility for all services defined in the student's IEP or Section 504 accommodation plan.

  (b) Notwithstanding USDB's designation as LEA for a student, a representative from the district of residence or charter school remains a required member of the IEP or Section 504 accommodation plan team.

  (6) If a district of residence or charter school is the LEA designated to provide services to a student with an IEP or Section 504 accommodation plan, the district of residence or charter school has the responsibility for providing instruction and services for the student except that the USDB:

  (a) may be designated by the team as a related service provider; and

  (b) remains a required member of the student's IEP or 504 accommodation plan team.

  (7) A student's IEP or Section 504 accommodation plan shall clearly define what services are to be provided by a related service provider.

  (8) The IEP or Section 504 accommodation plan team shall determine the designated LEA for student placement.

  (9) If a parent is dissatisfied with a student's placement at USDB, the student's district of residence, or charter school, the parent may access dispute resolution procedures, consistent with Utah State Board of Education Special Education Rules, adopted by the Board in Section R277-750-2

  (10) If a student's IEP or Section 504 accommodation plan provides for services to be provided by both the USDB and the student's district of residence, or for the USDB and district of residence to share responsibility for serving a student, a parent may access dispute resolution procedures consistent with Utah State Board of Education Special Education Rules, adopted by the Board in Section R277-750-2.