Section 209 – Use of state special education funds.

• (1) An LEA may use state special education funds to:
  • (a) provide an LEA special education program and specially designed instruction and related services and supports to an eligible student in the least restrictive environment;
  • (b) employ appropriately credentialed staff necessary to provide specially designed instruction and related services; or
  • (c) employ staff who are trained and supervised by appropriately credentialed staff necessary to provide specially designed instruction and related services.

• (2) The state board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act for:
  • (a) accounting for the use of state special education funds; and
  • (b) documentation required for an LEA to demonstrate appropriate use of state special education funds under this section.

• (3) The state board shall annually provide training and training materials to LEAs on:
  • (a) appropriate use of state special education funds;
  • (b) rules the state board creates under Subsection (2)(a); and
  • (c) the documentation described in Subsection (2)(b).

Enacted by Chapter 431, 2022 General Session