HB 448 — Utah Schools for the Deaf and Blind Amendments

(17)- "Low7 vision"- meansH.B. an impairment in vision in which:

448 Enrolled Copy (17) "Low vision" means an impairment in vision in which:

- 8 - HB0448 compared with HB0448S01 (21) "Visual impairment" includes partial sightedness, low vision, blindness, cortical visual impairment, functional blindness, and degenerative conditions that lead to blindness or severe loss of vision.

53E-8-201.53E-8-201 .

(1) The Utah Schools for the Deaf and the Blind is created as [a {[} subdivision] {componentan unit} agency of the state board and a single public school agency under a statewide, multi-campus model that includes:

or (ii) who are neither deaf, blind, nor deafblind, if allowed under rules of the state board- established8 [pursuant- to]Enrolled inCopy accordanceH.B. with Section 53E-8-401;

[and]448 board established [pursuant to] in accordance with Section 53E-8-401;[ and] (b) [shall] may serve as the designated LEA for a student and assume the responsibilities of providing services as prescribed through the student's IEP or Section 504 accommodation plan [when ] if:

(i) the team that develops the student's IEP or Section 504 accommodation plan determines [that the student be placed at] the {location of the } student's placementplacement; {is} ;

and (ii){(iii)}(iii) {once the team described in Subsection (2)(b)(i) determines the student's placement and location, } the LEA of record and the Utah Schools for the Deaf and the Blind agree to an educational partnership agreement through which:

and - 9 - HB0448 compared with HB0448S01 (B) the LEA of record, including the team that develops the student's IEP or Section 504 accommodation plan, monitors the student's academic performance through the reporting described in Subsection (2)(b)(ii)(A);

53E-8-204.53E-8-204 .

(1)- (a)9 The- stateH.B. board is the governing board of the Utah Schools for the Deaf and the Blind.

448 Enrolled Copy (1)(a) The state board is the governing board of the Utah Schools for the Deaf and the Blind.

(2)(2)[(a) (a) The state board shall[shall] ][appoint :a superintendent for the Utah Schools for the Deaf and the Blind].

(i)(a) With the approval of the state board, the state superintendent of public instruction shall appoint and supervise a superintendent forof the Utah Schools for the Deaf and the Blind[.]Blind ;who reports directly to the state superintendent.

or(b) (ii)The authorize the state superintendentboard ofshall publicmake instructionrules toin appointaccordance andwith superviseTitle a63G, superintendentChapter for3, the Utah SchoolsAdministrative forRulemaking Act, regarding the Deafqualifications, terms of employment, and duties of the Blind,superintendent underfor the approvalUtah ofSchools for the stateDeaf board.and the Blind.

- 10 - HB0448 compared with HB0448S01 (b) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the qualifications, terms of employment, and duties of the superintendent for the Utah Schools for the Deaf and the Blind.

(5)(5)(a) (a) The state [board] superintendent shall[ submit a report in accordance with Section 53E-1-201] , as part of the State Superintendent's Annual Report described in Section 53E-1-203, report on the Utah Schools for the Deaf and the Blind.

(b) The state [board] superintendent shall ensure that the report described in Subsection (5)(a)- includes:10 - Enrolled Copy H.B.

448 (5)(a) includes:

Section 553E-8-205 is enacted to read:

53E-8-205.53E-8-205 .

- 11 - HB0448 compared with HB0448S01 (1) The state board has responsibilityresponsibility, , in coordination with the Division of Facilities Construction and Management, for the long-term planning, development{,development, maintenance} , and oversight of capital facilities for the Utah Schools for the Deaf and the Blind.

Section 653E-8-206 is enacted to read:

53E-8-206.53E-8-206 .

and (b)- one11 non-voting- memberH.B. from the state board, whom the state board chair appoints.

448 Enrolled Copy (b) one non-voting member from the state board, whom the state board chair appoints.

- 12 - HB0448 compared with HB0448S01 (b) serve as a school community council, as that term is defined in Section 53G-7-1202, for the Utah Schools for the Deaf and the Blind;

(c) consult regarding the entrance policies and procedures {that IEP teams and Section 504 teams consider in accordance with } described in Section 53E-8-402;

and (d) make recommendations regarding the Educational Enrichment Program for Deaf, Hard of Hearing, Blind, and Visually Impaired Students, in accordance with Section 53E-8-407.53E-8-407, make recommendations regarding:

(i) the Educational Enrichment Program for Deaf and Hard of Hearing Students;

and (ii) the Educational Enrichment Program for Blind and Visually Impaired Students.

(3) The advisory council may form subcommittees regarding the separate programs described in Subsection (2)(d).

Section 753E-8-207 is enacted to read:

53E-8-207.53E-8-207 .

{and} (iii) who receive services from both a facility that the Utah Schools for the Deaf and the Blind operate and the student's LEA of record;

(ii) the {nature } type and amount or extent of services the students receive;

Section- 8.12 - Enrolled Copy H.B.

448 Section 8.

53E-8-401.53E-8-401 .

- 13 - HB0448 compared with HB0448S01 (a) within the individual's LEA if the individual is:

1400 et seq., the Parent Infant Program;

(2)(2)(a) (a) In determining eligibility for an individual who is younger than age three and is deafblind, the following information may be used:

(3)(3)(a) (a) A student who qualifies for special education shall have services and placement determinations- made13 through- theH.B. IEP process.

-448 14Enrolled -Copy HB0448 compared with HB0448S01 (b) A student who qualifies for accommodations under Section 504 shall have services and placement determinations made through the SectionIEP 504 team process.

(4)(b) (a) A nonresidentstudent maywho receivequalifies servicesfor ofaccommodations theunder UtahSection Schools504 forshall thehave Deafservices and theplacement Blinddeterminations inmade accordancethrough with the rulesSection of504 theteam stateprocess. board described in Subsection (6).

(4)(a) A nonresident may receive services of the Utah Schools for the Deaf and the Blind in accordance with the rules of the state board described in Subsection (6).

53E-8-407.53E-8-407 .

Educational Enrichment Program for Deaf,Deaf and Hard of Hearing,Hearing Blind,Students -- Enrichment Program for Blind and Visually Impaired Students -- Funding for the program.programs.

[(2)] (3) The purpose of the [program] programs is to provide opportunities that will, in a family friendly environment, enhance the educational services required for deaf, hard of hearing, blind, visually impaired, or deafblind students across the state, regardless of participation- in14 any- programEnrolled orCopy serviceH.B. with the Utah Schools for the Deaf and the Blind.

-448 15participation -in HB0448any comparedprogram withor HB0448S01service [(3)]with (4) The advisory council shall make recommendations to the stateUtah boardSchools regardingfor the designDeaf and implementation of the [program]Blind. programs.

[(3)] (4) The advisory council shall make recommendations to the state board regarding the design and implementation of the [program] programs.

(6)(a) To ensure all students who qualify for the programs have an opportunity to participate:

(i) an LEA shall:

(A) develop a communication plan to notify deaf, hard of hearing, blind, visually impaired, or deafblind students of opportunities the programs provide;

or (B) provide to the Utah Schools for the Deaf and the Blind the directory information of each student described in Subsection (6)(a)(i)(A) within the LEA;

and (ii) the Utah Schools for the Deaf and the Blind may only use the directory information described in Subsection (6)(a)(i)(B) to notify students of opportunities the programs provide.

(b) A parent may opt out of the notification described in Subsection (6)(a) at any time.

53E-8-410.53E-8-410 .

(2)(2)(a) (a) After conducting the exhaustive search described in Section 53E-8-205, the state board may identify a school district with a critical number of students receiving services from the Utah Schools for the Deaf and the Blind.

(b) A school district described in Subsection (2)(a) shall enter into an agreement to provide a segment of school district property for the construction of a facility on or adjacent- to15 the- propertyH.B. of a high school where the Utah Schools for the Deaf and the Blind may operate as the designated LEA for students in the surrounding region near the facility.

448 Enrolled Copy adjacent to the property of a high school where the Utah Schools for the Deaf and the Blind may operate as the designated LEA for students in the surrounding region near the facility.

Effective date.

2-9-26 1:15 PM - 16 -