2006 Utah Code - 53A-25-104 — Governance and control by board of trustees -- Initial placement of children -- Individualized education programs.

     53A-25-104.   Governance and control by board of trustees -- Initial placement of children -- Individualized education programs.
     (1) (a) The governance and control of the School for the Deaf and the management of its property and its affairs is vested in a board of trustees which consists of the members of the State Board of Education.
     (b) The president of the state board is the president of the board of trustees.
     (c) The board shall establish and enforce standards at the school to ensure that hearing impaired students receive special education services in the least restrictive appropriate program available.
     (2) (a) In determining the initial placement of a child who is age five or older at the school, the child shall be referred to the school district in which the child resides so that the district can determine whether the child is eligible for special education services.
     (b) If the child is eligible for services, an individualized program shall be developed for the child.
     (c) The individualized education program shall be prepared in the manner prescribed by the appropriate state and federal statutes and regulations.
     (d) The local district shall inform the parent or guardian of the child that a representative from the School for the Deaf can assist in developing the individualized education program and make recommendations for placement.
     (e) Once the district determines that the child is eligible for special education services and the individualized education program is prepared, educational personnel on the individual education program team shall recommend to the child's parent or legal guardian an appropriate placement for services under the program.
     (f) The district shall inform the parent or legal guardian of the full continuum of services available, including those offered throughout the state by the School for the Deaf.
     (g) The district shall notify the parent or legal guardian that state and federal law require special education be provided in the least restrictive environment that is appropriate to meet the child's educational needs.
     (h) The final decision regarding placement of a hearing impaired child in a School for the Deaf program or in a school district special education program shall be made by the child's parent or legal guardian subject to special education federal regulations regarding due process.
     (3) Nothing in this section diminishes the school district's responsibility for the education of all children with disabilities as provided in Title 53A, Chapter 15.
     (4) The recommendation to the parent regarding placement of the child in the school district or in a School for the Deaf program shall be based on the following criteria:
     (a) the child's educational needs;
     (b) the appropriateness of the special education program available in the school district and the appropriateness of education available from the School for the Deaf;
     (c) the appropriateness and availability of related services;
     (d) the proximity of the place of education to the child's home;
     (e) the ability to provide an education in the least restrictive environment suitable to the child's educational needs; and
     (f) the availability of a homogeneous classroom experience for the child.

Amended by Chapter 37, 1996 General Session