53E-8-201. Utah Schools for the Deaf and the Blind created -- Designated LEA -- Services statewide.

516 words·~2 min read·/ut/title-53e/chapter-8/53e-8-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

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

(a)the Utah School for the Deaf;

(b)the Utah School for the Blind;

(c)programs for students who are deafblind; and

(d)the Parent Infant Program.

(2)Under the general control and supervision of the state board, consistent with the state board's constitutional authority, the Utah Schools for the Deaf and the Blind:

(a)shall support LEAs statewide in fulfilling the LEA's responsibility to provide services to students:

(i)who are deaf, blind, or deafblind, in accordance with the relevant student's IEP or Section 504 accommodation plan; or

(ii)who are neither deaf, blind, nor deafblind, if allowed under rules of the state board established in accordance with Section 53E-8-401 ;

(b)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 if:

(i)the team that develops the student's IEP or Section 504 accommodation plan determines the student's placement;

(ii)the LEA determines that the location of the student's placement is the Utah Schools for the Deaf and the Blind; and

(iii)the LEA of record and the Utah Schools for the Deaf and the Blind agree to an educational partnership agreement through which:

(A)the Utah Schools for the Deaf and the Blind provide academic performance reporting regarding the student to the LEA of record; and

(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); and

(c)may serve as the designated LEA for a student who is neither deaf, blind, nor deafblind, in accordance with Subsection 53E-8-401(6) .

(3)When the Utah Schools for the Deaf and the Blind becomes a student's designated LEA under Subsection (2)(b) or (2)(c) :

(a)the LEA of record and the Utah Schools for the Deaf and the Blind shall ensure that all rights and requirements regarding individual student assessment, eligibility, services, placement, and procedural safeguards provided through the Individuals with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq. and Section 504 of the Rehabilitation Act of 1973, as amended, remain in force; and

(b)in accordance with Subsection

(4), beginning July 1, 2027, the LEA of record shall:

(i)count the student in the LEA's average daily membership enrollment count; and

(ii)remit 95% of any per pupil, state, or federal funding related to the student to the Utah Schools for the Deaf and the Blind for the support and maintenance of the student's education.

(4)Nothing in this section diminishes the responsibility of a student's LEA of record for the education of the student as provided in Chapter 7, Part 2, Special Education Program .

Amended by Chapter 471 , 2026 General Session