Section 204 – State board special education authority and duties — Rulemaking.

• (1) The state board shall have general control and supervision over LEA special education programs in the state for eligible students.

• (2) A program described in Subsection (1) shall comply with state board rule.

• (3) In accordance with federal and state law, the state board shall make rules to implement this part, including provisions that ensure:
  • (a) appropriate and timely identification of a potentially eligible student;
  • (b) the evaluation of a student and classification of a student as an eligible student by qualified personnel;
  • (c) standards for special education services and supports;
  • (d) availability of LEA special education programs;
  • (e) delivery of special education in the least restrictive environment as determined by an eligible student’s IEP team;
  • (f) certification and qualification for the instructional staff of eligible students; and
  • (g) special education services for eligible students who are dual enrollment students attending public school on a part-time basis as described in Section 53G-6-702.

• (4) In accordance with federal and state law, the state board may make rules to otherwise administer the state board’s authority described in Subsection (1).

Amended by Chapter 431, 2022 General Session