R277-801-3. Responsibilities of LEAs

  (1)(a) An LEA is the single point of entry for USDB services for qualifying students.

  (b) A qualifying student may not enroll in a USDB program without a referral from an LEA.

  (c) When evaluating services for a qualifying student, an LEA and the USDB shall consider:

  (i) primary disabilities;

  (ii) secondary disabilities; and

  (iii) other factors, including:

  (A) transportation needs; and

  (B) length of time the student would spend in transport daily.

  (2) Notwithstanding Subsection (1), a qualifying student may enroll directly in USDB if:

  (a) the student's previous primary instruction was in American sign language; and

  (b) USDB's program most closely matches the qualifying student's prior program of instruction.

  (3) A qualifying student may receive services under:

  (a) IDEA;

  (b) Section 504; or

  (c) a USDB Preschool Services Plan.

  (4) An LEA shall annually provide to the Superintendent the name and contact information for any student with vision loss or hearing loss, even if it isn't the student's primary disability.

  (5)(a) An LEA has the responsibility for the design and implementation of and IEP or Section 504 plan for qualifying students.

  (b) Specific details of required intensive services for a student shall be defined within the student's IEP.

  (c) A qualifying student who enrolls in a Utah school district or charter school may be eligible to receive intensive services from sensory specialists employed by USDB, if appropriately designated as specialized instruction or a related services as part of an IEP or Section 504 plan.

  (6)(a) An LEA with greater than 3% of the student population statewide may elect to contract with USDB to provide outreach services.

  (b) An LEA may employ their own sensory specialists to meet the IEP or 504 plan needs of qualifying students.

  (7)(a) An LEA is responsible for the development of a qualifying student's IEP, including any assessments necessary for initial placement.

  (b) Notwithstanding Subsection (7)(a), an LEA may not commit USDB to provide services to qualifying students unless USDB has participated in the IEP.

  (c)(i) An LEA and USDB shall consider least restrictive environment, as well as intensive services needs of a qualifying student in determining an appropriate placement.

  (ii) In the case of deaf or hard of hearing students, an IEP team should consider the opportunity for a student to have direct communication with teachers and peers.

  (8) Notwithstanding Subsection (7), if a qualifying student enrolls directly with USDB in accordance with Subsection (2), USDB shall develop the student's IEP, including any assessments necessary for initial placement.

  (9) If an LEA is working with USDB staff:

  (a) the LEA shall provide internet access and technical support to permit USDB staff to access the internet through technology and hardware;

  (b) the LEA and USDB technology staff will jointly determine procedures to ensure access to LEA technology systems; and

  (c) USDB shall provide and maintain all needed hardware and software provided to USDB staff.

  (10) An LEA shall provide an assistive technology device a student if the assistive technology device is required for the implementation of the student's IEP.