TOOELE COUNTY SCHOOL DISTRICT
SPECIAL EDUCATION POLICIES AND PROCEDURES MANUAL
Alternative SLD Eligibility Method
2023

GENERAL PROVISIONS
I.A. PURPOSES
(34 CFR § 300.1; Rules I.A.)
The primary purposes of this Tooele County School District policies and procedures manual, consistent with Utah Code Annotated (UCA) Title 53E, Chapter 7, Part 2, Special Education Program; and the Individuals with Disabilities Education Improvement Act (IDEA), as amended; are:

To ensure that all students with disabilities ages 3 through 21 in Utah, including students with disabilities who have been suspended or expelled from school and students who have not graduated from high school with a regular high school diploma, have available to them a free appropriate public education (FAPE) that emphasizes special education and related services, as specified on an Individualized Education Program (IEP) designed to meet their unique needs and prepare them for further education, employment, and independent living;
To ensure that the rights of students with disabilities and their parent(s) are protected;
To ensure that State standards are established for the provision of a FAPE to students with disabilities, as defined in these Rules;
To assess and ensure the effectiveness of efforts to educate students with disabilities.

I.B. DEFINITIONS AS USED IN THESE RULES
(34 CFR §§ 300.4–300.45; Rules I.E.)

Tooele County School District has adopted all applicable definitions as found in Rule I.E.1–59.

I.C. FULL EDUCATIONAL OPPORTUNITY GOAL
(34 CFR § 300.109; Rules IX.A.2.d.(2)(c))

Tooele County School District provides a free appropriate public education (FAPE) to all eligible students with disabilities in conformity with the requirements of the Rules and the IDEA.
Tooele County School District hereby affirms the goal of providing a full educational opportunity to all students with disabilities determined eligible for special education and related services, of the ages served by Tooele County School District, in accordance with all of the timeline requirements of the IDEA.
Tooele County School District follows all necessary requirements in the development and delivery of an individualized education program (IEP) for eligible students.
Placement in the least restrictive environment (LRE) will be implemented to the maximum extent appropriate for students with special needs.
Tooele County School District provides a continuum of placements to address the needs of students with disabilities to ensure those students receive special education and related services appropriate to their needs.

I.D. METHODS OF ENSURING SERVICES
(34 CFR § 300.154; Rules IX.A.2.d.(2)(m))

Tooele County School District ensures each eligible student with disabilities enrolled in the school receives the services included in the IEP through a systematic process of IEP internal file reviews and monitoring of service delivery by Tooele County School District personnel.

IDENTIFICATION, LOCATION, AND EVALUATION
CHILD FIND SYSTEM
(34 CFR §§ 300.109, 300.111; Rules II.A.)

Tooele County School District, in accordance with the requirements of Part B of the IDEA and with the Rules, has developed policies and procedures to ensure that all students with disabilities residing within the jurisdiction of the LEA, including students with disabilities birth through 21 years of age and those attending private schools, regardless of the severity of their disability, and who are in need of special education and related services, are identified, located, and evaluated.
These policies and procedures include a practical method for determining which students are currently receiving needed special education and related services and provide a process to reevaluate those who are found eligible within the three‑year timeframe.

The requirements of this section apply to:

Highly mobile students with disabilities (such as students who are migrant and experiencing homelessness);
Students who have been suspended or expelled from school;
Students who have not graduated from high school with a regular high school diploma;
Students who are suspected of being a student with a disability under the Rules and who are in need of special education and related services, even though they are advancing from grade to grade;
Students who are homeschooled;
Students enrolled in private schools within district boundaries;
Students in State custody or care;
Students residing in nursing homes.

Public charter schools are responsible for child find for students enrolled in their own school and have no responsibility for child find for students in private schools. Charter schools may not refer enrolled students to the local school district for child find.
The determination that a student is a “student with a disability” must be made on an individual basis by a group made up of the parent(s) or adult student and school personnel determined by the student’s LEA.
Major components of the child find system include:

LEA implementation, coordination, and tracking of child find activities;
USBE staff provision of ongoing technical assistance;
Implementation of statewide data collection systems;
Collaboration with State and Local Departments of Health for Part C transition;
Confidentiality protections under R277‑487.

REFERRAL
(34 CFR § 300.301; Rules II.B.)

Either a parent, adult student, or the LEA may initiate a request for an initial evaluation.
Upon receipt of a request, Tooele County School District must respond within a reasonable timeframe.
The response may not be delayed due to Response to Intervention (RTI) processes.
Initial evaluations for students entering DCFS custody must be provided upon request with appropriate consent.

PARENTAL CONSENT
(34 CFR § 300.300; Rules II.C.)
Consent for initial evaluation

Prior written notice must be provided before obtaining informed consent.
Consent for evaluation does not constitute consent for services.
Reasonable efforts must be documented.
Consent exceptions apply for wards of the State under specific legal conditions.

Consent for services

Informed consent must be obtained before initial provision of services.
If consent is refused, the LEA may not use due process to override.
Revocation of consent must be honored with prior written notice.

Consent for reevaluations

Consent is required unless reasonable efforts fail and no response is received.

Other consent provisions

Consent is not required for record review or universally administered assessments.
Refusal of consent for one service may not be used to deny others.
Home‑schooled and parentally placed private school students may be excluded from eligibility if consent is refused.

INITIAL EVALUATION
(34 CFR § 300.301; Rules II.D.)

Must be comprehensive and individualized.
Must be completed within 45 school days of consent.
DCFS‑initiated evaluations must be completed within 30 days.
Exceptions apply for repeated failure to participate or transfer students.

SCREENING FOR INSTRUCTIONAL PURPOSES
(34 CFR § 300.302; Rules II.E.)

Screening by teachers or specialists does not constitute an eligibility evaluation.
Results may be used for child find purposes.

EVALUATION PROCEDURES
(34 CFR § 300.304; Rules II.F.)

Use of multiple tools and strategies.
No single criterion may determine eligibility.
Assessments must be nondiscriminatory, valid, reliable, and administered by qualified personnel.
Students must be assessed in all areas of suspected disability.
Evaluations must be sufficiently comprehensive to identify all service needs.

REEVALUATION PROCEDURES
(34 CFR § 300.303; Rules II.G.)

Tooele County School District must ensure that a reevaluation of each student with a disability is conducted:

If Tooele County School District determines that the educational or related services needs, including improved academic achievement and functional performance, of the student warrant a reevaluation; or
If the student’s parents or student who is an adult or teacher requests a reevaluation. 1

A reevaluation:

May occur not more than once a year, unless the parents or student who is an adult and Tooele County School District agree otherwise; and
Must occur at least once every three years, unless the parents or adult student and Tooele County School District agree that a reevaluation is unnecessary as there are data available to continue eligibility and determine the educational needs of the student. When the parents or student who is an adult and LEA agree that a reevaluation is unnecessary, the group must document data reviewed and used in an evaluation report and complete an eligibility determination. 1

ADDITIONAL REQUIREMENTS FOR INITIAL EVALUATIONS AND REEVALUATION PROCEDURES
(34 CFR § 300.305; Rules II.H.)

As part of any initial evaluation (if appropriate) and as part of any reevaluation, the IEP Team and other qualified professionals, as appropriate, must:

Review existing evaluation data on the student, including:

Evaluations and information provided by the parent(s) of the student or the student who is an adult;
Current classroom-based, local, or State assessments, and classroom-based observations; and
Observations by teachers and related services providers; and

On the basis of that review, and input from the student’s parent(s) or the adult student, identify what additional data, if any, are needed to determine:

Whether the student is a student with a disability and the educational needs of the student; or, in the case of a reevaluation of a student, whether the student continues to have such a disability, and the educational needs of the student;
The present levels of academic achievement and related developmental needs of the student;
Whether the student needs special education and related services; or, in the case of a reevaluation of a student, whether the student continues to need special education and related services; and
Whether any additions or modifications to the special education and related services are needed to enable the student to meet the measurable annual goals set out in the IEP of the student and to participate, as appropriate, in the general education curriculum. 1

The IEP Team and other qualified professionals, as appropriate, may conduct its review of existing data without a meeting. 1

Tooele County School District must administer such assessments and other evaluation measures as may be needed to produce the data needed to determine continuing eligibility. 1

If the IEP Team and other qualified professionals, as appropriate, determine that no additional data are needed to determine whether the student continues to be a student with a disability and to determine the student’s educational needs, the LEA must notify the student’s parent(s) or student who is an adult of:

That determination and the reasons for the determination; and
The right of the parent(s) or student who is an adult to request an assessment to determine whether the student continues to be a student with a disability, and to determine the student’s educational needs.
Tooele County School District is not required to conduct the assessment for reevaluation unless requested by the student’s parent(s) or the student who is an adult. 1

Evaluations before change in eligibility.

Tooele County School District must evaluate a student with a disability before determining that the student is no longer a student with a disability.
The evaluation is not required before the termination of a student’s eligibility due to graduation from secondary school with a regular diploma, or due to exceeding the age eligibility for FAPE under State law (i.e., age 22).
For a student whose eligibility terminates due to graduation from secondary school with a regular high school diploma or due to exceeding the age eligibility for FAPE under State law, Tooele County School District must provide the student with a summary of the student’s academic achievement and functional performance, which shall include recommendations on how to assist the student in meeting the student’s postsecondary goals. 1

DETERMINATION OF ELIGIBILITY
(34 CFR § 300.306; Rules II.I.)

Upon completion of the administration of assessments and other evaluation measures, a group of qualified professionals and the parents of the student or the student who is an adult determine eligibility under Part B of the IDEA and the Rules, including:

Whether that student is a student with a disability, and
The educational needs of the student.
Tooele County School District shall provide the parents or adult student with a copy of the evaluation report and the documentation of determination of eligibility. 1

A student must not be determined to be a student with a disability if the determinant factor is:

Lack of appropriate instruction in the science of reading (phonemic awareness, phonics, vocabulary, fluency, comprehension);
Lack of appropriate instruction in mathematics; or
Limited English proficiency; and the student does not otherwise meet the eligibility criteria. 1

Procedures for determining eligibility and educational need:

Draw upon information from a variety of sources (tests, parent/adult student input, teacher recommendations, physical condition, social/cultural background, adaptive behavior); and
Ensure all information is documented and carefully considered.
If a student is determined eligible and in need of special education and related services, an IEP must be developed within 30 calendar days. 1

CATEGORICAL DEFINITIONS, CRITERIA, AND ASSESSMENTS
(34 CFR § 300.8; 34 CFR § 300.304; 34 CFR § 300.306; Rules II.J.)

Tooele County School District has adopted the criteria and evaluation procedures, by category, for determining eligibility under Part B of the IDEA and the Rules II.J.1–13, including Specific Learning Disabilities (Rules II.J.11.). 1

Specific Learning Disabilities (SLD) — Definition
(34 CFR § 300.8(c)(10); Rules II.J.11.a.)

Specific learning disabilities means a disorder in one or more of the basic psychological processes involved in understanding or in using language, spoken or written, that may manifest itself in the imperfect ability to listen, think, speak, read, write, spell, or do mathematical calculations, including conditions such as perceptual disabilities, brain injury, minimal brain dysfunction, dyslexia, and developmental aphasia, that affects a student’s educational performance.
Specific learning disabilities does not include learning problems that are primarily the result of visual, hearing, or motor disabilities; of intellectual disability; of emotional behavioral disability; or of environmental, cultural, or economic disadvantage. 1

Procedures for Identifying Students with Specific Learning Disabilities
(34 CFR § 300.307; Rules II.J.11.b.)

Tooele County School District has adopted the following method for determining SLD eligibility:

Alternative Method — a research‑based procedure (Patterns of Strengths and Weaknesses—PSW) approved by the Tooele County School District Board and submitted to USBE, demonstrating that the student does not make sufficient progress to meet State-approved age‑ or grade‑level standards in one or more areas listed in Rules II.J.11.b.(3)(a). (Teams must refer to the USBE SLD Eligibility Guidelines when using this method.) 1

Additional group members (34 CFR § 300.308; Rules II.J.11.b.2).
The eligibility group includes the parent(s) or adult student and:

The student’s regular teacher (or a qualified regular classroom teacher if there is not a current teacher; or for preschoolers, an individual qualified to teach a student of that age); and
At least one person qualified to conduct individual diagnostic examinations and interpret results (per publisher qualifications), such as a school psychologist, SLP, reading specialist, or special education teacher. 1

Determining the existence of an SLD (34 CFR § 300.309; Rules II.J.11.b.3.)
The group may determine SLD if:

The student does not achieve adequately for age or State standards in one or more of: oral expression; listening comprehension; written expression; basic reading skills; reading fluency; reading comprehension; math calculation; math problem solving, when provided with appropriate instruction; and
Findings are not primarily due to: visual, hearing, or motor disability; intellectual disability; emotional‑behavioral disability; cultural factors; environmental or economic disadvantage; or limited English proficiency; and
The SLD adversely affects educational performance; and
The student needs special education and related services; and
The SLD is the primary disability. 1

Evaluation (34 CFR § 300.309(b)–(c); Rules II.J.11.c.)

Must include a variety of tools and strategies.
To rule out lack of instruction, the group must consider:

Data showing appropriate instruction in regular settings by qualified personnel; and
Data‑based documentation of repeated assessments of achievement at reasonable intervals, with progress reports shared with parents/adult student.

The LEA must promptly request consent and honor the 45‑school‑day timeline when progress is not adequate after appropriate instruction or whenever a referral is made. 1

Observation (34 CFR § 300.310(a)–(c); Rules II.J.11.b.4)

The student must be observed in the learning environment to document academic performance and behavior in areas of concern.
The group must either:

Use an existing classroom observation done before referral; or
Conduct an observation after referral and consent.

For home‑schooled students, the LEA determines how and by whom to observe.
For younger or out‑of‑school students, observe in an appropriate environment. 1

Specific documentation for the SLD eligibility determination (34 CFR § 300.311; Rules II.J.11.b.5)
The documentation must include:

Whether the student has an SLD;
The basis for the determination (with assurance determinations were made per Rules II.I.);
Relevant behaviors observed and their relationship to academic functioning;
Educationally relevant medical findings, if any; and
Whether the student meets criteria under the Alternative method (PSW). 1

Alternative (PSW) Documentation Requirements

Using the TCSD board‑approved research‑based PSW process (per USBE SLD Guidelines), the group must:

Review multi‑source data showing progress over time with evidence‑based instruction;
Identify strengths and weaknesses evident in classroom and standardized results;
Using standardized testing, determine a relationship between cognitive processing delays and academic deficits;
Consider whether cognitive deficits include both a normative and an intra‑individual weakness consistent with academic/classroom data;
Consider whether cognitive strengths include both a normative and an intra‑individual strength consistent with academic/classroom data; and
Identify that the relationship between cognitive weakness and academic performance is evident over time.
The group must also document consideration of exclusionary factors and ensure all requirements of Rules II.D.–H. are met.
Each group member must certify in writing whether the report reflects the member’s conclusion; dissenting members must submit a separate statement. 1

IEP DEVELOPMENT AND SERVICE DELIVERY
INDIVIDUALIZED EDUCATION PROGRAM (IEP)
(Rules III.A.)

Tooele County School District implements IEP and LRE requirements consistent with IDEA, Rules, and R277‑750, R277‑800, and R277‑801. 1

WHEN IEPS MUST BE IN EFFECT
(34 CFR § 300.323; Rules III.B.)

At the beginning of each school year, an IEP must be in effect for each student with a disability within TCSD’s jurisdiction.
TCSD must ensure:

An IEP meeting is conducted within 30 calendar days of a determination of eligibility; and
Services are made available as soon as possible after the IEP is developed.

The IEP must be accessible to each responsible teacher/provider, and they must be informed of their responsibilities and required accommodations/modifications/supports. Documentation must be provided to USBE upon request. 1

STUDENTS WHO TRANSFER
(34 CFR § 300.323; Rules III.C.)
Transfers within Utah

For a student with a current IEP who transfers to TCSD within the same school year, TCSD must, in consultation with the parent/adult student, provide FAPE including comparable services until TCSD adopts the previous IEP or develops a new one.
This also applies to transfers to juvenile/adult correctional facilities or temporary State placements for observation and assessment. 1

Transfers from out of State

TCSD must, in consultation with the parent/adult student, provide FAPE including comparable services until TCSD conducts an evaluation (if needed) and develops a new IEP consistent with law.
This evaluation is considered an initial evaluation.
TCSD must promptly obtain records; the sending LEA must promptly respond and keep a copy for at least three years after transfer.
Difficulty obtaining the prior IEP does not relieve TCSD of the obligation to have a current IEP in place. 1

LEA RESPONSIBILITY FOR IEP MEETINGS
(34 CFR § 300.323(c)(1); Rules III.D.)

TCSD is responsible for initiating and conducting meetings to develop, review, and revise IEPs for students ages 3–21.
A meeting to develop an IEP must occur within 30 calendar days of determining the student needs special education and related services. 1

IEP TEAM MEMBERSHIP
(34 CFR § 300.321; Rules III.E.)

The IEP Team includes:

Parent(s) or the adult student;
At least one regular education teacher (if the student is or may be in regular education);
At least one special education teacher/provider;
An LEA representative qualified in special education, knowledgeable about the general education curriculum and LEA resources (a member may serve dual roles if criteria are met);
A USDB representative when placement/services involve USDB;
An individual who can interpret instructional implications of evaluation results;
Others with knowledge/special expertise (at the discretion of parent/adult student or LEA);
The student, when appropriate. 1

If postsecondary transition is a purpose, TCSD must invite the student; with consent, TCSD must invite likely responsible agencies. Signatures denote participation. 1

IEP TEAM ATTENDANCE
(34 CFR § 300.321; Rules III.F.)

A required member may be excused if the parent/adult student and LEA agree in writing that the member’s area is not being modified or discussed.
If the member’s area is being discussed, excusal requires written consent and written input submitted before the meeting. 1

PARENT PARTICIPATION
(34 CFR § 300.322; Rules III.G.)

TCSD must:

Notify early enough to ensure opportunity to attend;
Schedule at a mutually agreed time/place;
Use alternative methods (phone/video) if needed;
Keep records of attempts if parents/adult student cannot be convinced to attend;
Ensure understanding, including interpreters (with certification requirements for D/HH per UCA 35A‑13‑604).

Parents/adult students are active participants; TCSD must provide a copy of the IEP at no cost. 1

NOTICE OF MEETING
(34 CFR § 300.322; Rules III.H.)

Notice must indicate purpose, time, location, attendees, and the right to bring knowledgeable individuals.
For students previously served under Part C, at parent request, invite Part C representatives to the initial IEP.
For students age 14 and older (or younger if appropriate): indicate transition planning will be discussed, that the student will be invited, and identify other agencies to be invited with consent.
Parties may agree to alternative means (video/phone). 1

DEVELOPMENT, REVIEW, AND REVISION OF THE IEP
(34 CFR § 300.324; Rules III.I.)

In developing each IEP, the team must consider:

Student strengths;
Parent/adult student concerns;
Results of initial/most recent evaluation;
Academic, developmental, and functional needs. 1

Special factors to consider include:

Language needs for LEP students;
Braille instruction for blind/visually impaired unless data indicate otherwise (team must have information about braille efficiency);
Communication needs, including for D/HH students (language/mode, opportunities for direct communication, academic level, full range of needs);
Assistive technology;
Behavior that impedes learning—use PBIS, FBA/BIP, and consult LRBI/TA manuals (R277‑609 for emergency safety interventions).
If a device/service is needed for FAPE, include it in the IEP. 1

Regular education teacher participation must include behavior supports and supplementary aids/services, program modifications, and supports for personnel. 1

Changes to the IEP

Parents/adult students and TCSD may agree to amend without a meeting (for non‑material changes).
Material/substantial changes require a meeting (e.g., service time, placement, termination).
Provide revised copies upon request and inform the team of amendments.
Encourage consolidation of meetings where possible. 1

Review and revision

Review at least annually; revise as needed for progress, reevaluation, new information, anticipated needs, or other matters.
If a participating agency fails to provide transition services, reconvene to identify alternatives; agency responsibilities remain. 1

 

DEFINITION OF THE INDIVIDUALIZED EDUCATION PROGRAM (IEP)
(34 CFR § 300.320; Rules III.J.)

The term individualized education program (IEP) means a written statement for each student with a disability that is developed, reviewed, and revised in a meeting. The IEP is designed to meet the student’s unique needs based on their disability, and prepare them for further education, employment, and independent living. 1

The IEP must include:

A statement of the student’s present levels of academic achievement and functional performance (PLAAFP), including:

How the student’s disability affects the student’s involvement and progress in the general education curriculum (i.e., the same grade-level curriculum as for students who are non-disabled); or
For students in preschool, as appropriate, how the disability affects the student’s participation in appropriate activities; and
For students who are blind, the results obtained from a braille-related or braille skills assessment; 1

A statement of measurable annual goals, that describes what the student is reasonably expected to accomplish in a year and the conditions in which the goals will be performed, including academic and functional goals designed to:

Meet the student’s needs that result from the student’s disability to enable the student to be involved in and make progress in the grade-level general education curriculum; and
Meet each of the student’s other educational needs that result from the student’s disability;
For a student with a disability, ages 14 and older, an annual IEP goal related to the student’s postsecondary transition service needs. 1

For eligible students with significant cognitive disabilities who will participate in grade-level alternate achievement standards (i.e., Essential Elements):

Notification to the parent(s) or adult student that the student’s academic achievement will be measured through an assessment of the grade-level Utah alternate achievement standards and how participation in such alternate achievement assessments may delay or otherwise affect the student from completing the requirements for a regular high school diploma; and
A description of benchmarks or short-term objectives for each annual goal; 1

A description of:

How the student’s progress toward meeting the annual IEP goals will be measured; and
When periodic reports to the parent(s) or adult student on the progress the student is making toward meeting the annual IEP goals (such as through the use of quarterly or other periodic reports, concurrent with the issuance of report cards) will be provided; 1

A statement of the special education and related services and supplementary aids and services (including assistive technology), based on peer-reviewed research to the extent practicable, to be provided to the student, or on behalf of the student, and a statement of the program modifications or supports for school personnel that will be provided to enable the student:

To advance appropriately toward attaining the annual goals;
To be involved in and make progress in the grade-level general education curriculum, and to participate in extracurricular and other nonacademic activities; and
To be educated and participate with other similar-aged students with disabilities and non-disabled students in the activities described in this section; 1

An explanation of the extent, if any, to which the student will not participate with similar-aged non-disabled students in the regular education environment and in the activities described in this section; 1
A statement of:

Any individual appropriate accommodations that are necessary to measure the academic achievement and functional performance of the student on all grade-level State- and LEA-wide assessments; and
If the IEP Team determines that the student must take an alternate assessment instead of a particular regular State- or LEA-wide assessment of student achievement, a statement of why:

The student cannot participate in the regular assessment; and
The particular alternate assessment selected is appropriate for the student;

All students, including students with disabilities, participate in statewide assessments. Tooele County School District reports the results of statewide assessments on the website. If more than one percent of students with significant cognitive disabilities participate in an alternate assessment, Tooele County School District will submit justification to the USBE on the need to exceed the cap; and 1

The projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications. 1
A statement of school to post-school transition services.

For a student with a disability, ages 14 and older, or younger if determined appropriate by the IEP Team, and updated annually thereafter, the IEP must include:

Appropriate measurable postsecondary goals based upon age-appropriate postsecondary transition assessments related to training or education, employment, and, where appropriate, independent living skills; and
The postsecondary transition services (including courses of study) needed to assist the student in reaching those goals. 1

Transfer of rights at age of majority.

Beginning not later than one year before the student reaches the age of majority (age 18 in Utah), the IEP must include a statement that the student has been informed of the student’s rights under Part B of the IDEA that will transfer to the student on reaching the age of majority. The transfer of rights also occurs upon notification to the LEA that a student has married or become emancipated before age 18. 1

Nothing in this section shall be construed to require that additional information be included in a student’s IEP beyond what is explicitly required in Section 614 of Part B of the IDEA, or require the IEP Team to include information under one component of a student’s IEP that is already contained under another component of the student’s IEP. 1

IEP Teams should discuss and address, if appropriate, student participation in not only the grade-level Utah Core Standards, but other general education activities and courses (e.g., health and maturation, suicide prevention), as well as the Statewide Online Education Program (SOEP) or other online, distance, blended, or competency-based courses, as well as courses taken through Career and Technical Education (CTE) programs and concurrent enrollment. Students with disabilities may require special education and related services and accommodations for equitable participation, in conjunction with Part B of the IDEA, these Rules, R277-418, R277-713, and R277-726. 1

IEP AND SERVICES FOR PRESCHOOL STUDENTS AGES THREE THROUGH FIVE
(Rules III.K.)

IEP Development and Contents (34 CFR § 300.323):

In developing the IEP for a student with a disability age three through five or, at the discretion of Tooele County School District, a two-year-old student with a disability who will turn age three during the school year, the IEP Team must consider the contents of an IFSP that contains the natural environments statement and an educational component that promotes school readiness and incorporates pre-literacy, language, and numeracy skills.
The IFSP may not serve as the IEP of the student.
The LEA must develop an IEP for the student in accordance with the procedures in these Rules.
Services for students with disabilities ages three through five, served in preschool programs of Tooele County School District, are to be provided consistent with the Rules including consideration of the continuum of alternative placement options (34 CFR § 300.124).
Preschool transition planning for students referred from Part C providers must be conducted consistent with the State’s current interagency preschool transition agreement with Part C. This planning shall be implemented at least 90 calendar days, as required by Part C regulations 637(a)(9), before the student is eligible for the preschool program under Part B of the IDEA in accordance with the Rules. Tooele County School District will participate in the preschool transition planning meeting arranged by the lead agency for the Part C program (34 CFR § 300.124). 1

Services for students age three.

By the eligible student’s third birthday, Tooele County School District must ensure that an IEP has been developed and is being implemented for the student (34 CFR § 300.124(b)).
If a student’s third birthday occurs after the end of the school year, Tooele County School District must ensure that an IEP has been developed, and the student’s IEP Team shall determine the date in the next school year when services under the IEP will begin, except that the IEP Team may determine that extended school year services are needed outside the school year.
Students counted under the preschool program who are being served by Head Start must meet all of the requirements in the Rules, including the eligibility criteria and provision of a FAPE. 1

PHYSICAL EDUCATION
(34 CFR § 300.108; Rules III.L.)

Physical education services, specially designed if necessary, must be made available to every student with a disability receiving a FAPE, unless Tooele County School District enrolls students without disabilities and does not provide physical education to students without disabilities in the same grades.
Each student with a disability must be afforded the opportunity to participate in the regular physical education program available to students who are nondisabled unless:

The student is enrolled full time in a separate facility; or
The student needs specially designed physical education, as prescribed in the student’s IEP.

If specially designed physical education (e.g., adapted physical education) is prescribed in a student’s IEP, the LEA responsible for the education of that student must provide the services directly or make arrangements for those services to be provided through other public or private programs.
Tooele County School District responsible for the education of a student with a disability who is enrolled in a separate facility must ensure that the student receives appropriate physical education services. 1

ASSISTIVE TECHNOLOGY
(34 CFR § 300.105 and R277-495; Rules III.M.)

Tooele County School District must ensure that assistive technology devices or assistive technology services, or both, are made available to a student with a disability if required as a part of the student’s:

Special education,
Related services, or
Supplementary aids and services.

On a case-by-case basis, the use of school-purchased assistive technology devices in a student’s home or in other settings is required if the student’s IEP Team determines that the student needs access to those devices in order to receive a FAPE. 1

EXTENDED SCHOOL YEAR (ESY) SERVICES
(34 CFR § 300.106; R277-751; Rules III.N.)

Extended school year services mean special education and related services that:

Are provided to an eligible student with a disability:

Beyond the normal school year of Tooele County School District;
In accordance with the student’s IEP; and
At no cost to the parent(s) of the student or student who is an adult; and

Meet the standards of the USBE in R277-751. 1

Tooele County School District shall ensure that:

ESY services are available as necessary to provide FAPE, considered for each student based on multiple factors;
ESY programs are provided in the least restrictive environment;
ESY teachers/paraeducators meet USBE/IDEA requirements.

ESY must be provided only if an IEP Team determines it’s necessary for FAPE; the annual IEP shall reflect the decision. Provide prior written notice of proposal/refusal; determine appropriate ESY program; provide decisions/notice in time to permit dispute resolution if needed.

TCSD may not:

Limit ESY to specific disabilities, ages, or grades;
Unilaterally limit type/amount/duration;
Limit data consideration to only regression/recoupment. 1

LEAST RESTRICTIVE ENVIRONMENT (LRE)
(34 CFR § 300.114; Rules III.O.)

To the maximum extent appropriate, students with disabilities are educated with nondisabled peers, including in public or private institutions/care facilities; removal occurs only when education in regular classes with supplementary aids/services cannot be achieved satisfactorily. For D/HH students, a special class or school may be the LRE when it provides direct communication/instruction in the student’s language/mode with professional personnel and peers.
LRE provisions apply to preschool and postsecondary transition programs and placements.
State funding mechanisms must not result in placements that violate LRE requirements. 1

INCLUSIONARY PRACTICES TO PROVIDE A FULL EDUCATIONAL OPPORTUNITY
(34 CFR § 300.109; Rules III.P.)
Purpose and Philosophy
Tooele County School District inclusionary practices create conditions for active meaningful participation for academic access, age-appropriate peer interaction, consistent support systems, and customized services and supports. 1
Policy
TCSD and the Board recognize and will ensure evidence‑based inclusionary practices and systems to be established and employed, fostering inclusion and acceptance to ensure each student is a visible, valued member with equal opportunities to contribute. TCSD will create conditions for active, meaningful participation in:

Academic Access to grade/age‑appropriate core content standards, curricular;
Age‑Appropriate Peer Interactions and engagement;
Consistent Support Systems with high expectations and learner agency;
Customized services and supports including IEP‑determined services across settings and extracurricular activities to the maximum extent possible/appropriate in the LRE. 1

Academic Access

TCSD Special Education will adopt/establish specially designed instruction aligned with Utah Core or Alternate Core (Essential Elements).
TCSD will establish intercommunication/cross‑training among departments (Teaching & Learning, CTE, Student Services, Assessment, Counseling). 1

Age‑Appropriate Peer Interactions and engagement

TCSD Peer Tutoring Policy #10012: participation in peer tutoring enriches students’ programs and supports social, emotional, community participation.
TCSD will establish consistent Peer Tutor curriculum focusing on:

Social Skill development;
Cooperative Learning Elements;
Behavior Management Strategies. 1

Consistent Support Systems

Peer Tutoring District Curriculum with the elements above.
Intercommunication/cross‑training among departments to promote progress and fulfill graduation requirements. 1

Customized Services and Supports

TCSD will establish a transition team to collaborate with agencies (e.g., Vocational Rehabilitation, Utah Independent Living Center, Pre‑ETS, Utah Parent Center).
Parents will be provided support through TCSD and Utah Parent Center regarding services and supports available. 1

CONTINUUM OF ALTERNATIVE PLACEMENTS
(34 CFR § 300.115; Rules III.Q.)

TCSD must ensure that a continuum of alternative placements is available to meet student needs for special education and related services.
The continuum must include:

Regular classes;
Special classes;
Special schools;
Home instruction;
Instruction in hospitals and institutions; and
Provision for supplementary services (e.g., resource room or itinerant instruction) with regular class placement. 1

PLACEMENTS
(34 CFR § 300.116; Rules III.R.)

Placement decisions:

Made by a group including the parent/adult student and knowledgeable persons;
In conformity with LRE provisions.

Placement must be determined at least annually, based on the IEP, as close as possible to the student’s home, and the student attends the school they would if nondisabled unless otherwise required by the IEP.
In selecting LRE, consider any potential harmful effect on the student or service quality.
Do not remove a student from age‑appropriate regular classrooms solely due to needed curriculum modifications. 1

PARENTAL INVOLVEMENT IN PLACEMENT DECISIONS
(34 CFR §§ 300.327, 300.501; Rules III.S.)

Parents/adult students are members of any group that makes placement decisions.
Use IEP participation procedures for placement meetings; use alternative methods (phone/video) if needed.
A group may make a placement decision without parent/adult student involvement only after attempts are documented. 1

NONACADEMIC SETTINGS AND EXTRACURRICULAR ACTIVITIES
(34 CFR § 300.117; UCA 53G-6-709; Rules III.T.)

TCSD must ensure participation with nondisabled peers in extracurricular services/activities to the maximum extent appropriate.
Provide necessary supplementary aids/services per the IEP.
A student with a disability (under 22, not yet graduated, whose IEP Team recommends participation) may not be denied participation in public school programs or extracurricular activities solely because of age, unless participation threatens health/safety; TCSD, with the Utah Department of Health, shall establish criteria for health/safety factors. 1

NONACADEMIC SERVICES
(34 CFR § 300.107; Rules III.U.)

TCSD must take steps, including supplementary aids/services as determined appropriate and necessary by the IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford equal opportunity for participation.
These may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by TCSD, referrals to agencies providing assistance to individuals with disabilities, and employment of students (both by TCSD and support for outside employment). 

PROCEDURAL SAFEGUARDS
DUE PROCESS PROCEDURES FOR PARENT(S) AND STUDENTS
(IDEA Subpart E)
Consistent with the requirements of Part B of the IDEA and these Rules, Tooele County School District shall establish, maintain, and implement procedural safeguards for students with disabilities and their parent(s) or students who are an adult.
(34 CFR § 300.500)

PARENTAL OPPORTUNITY TO EXAMINE RECORDS AND PARTICIPATE IN MEETINGS
(34 CFR § 300.501; Rules IV.A.)
Opportunity to examine records

The parent(s) of a student with a disability or student who is an adult must be afforded an opportunity to inspect and review all education records with respect to the identification, evaluation, and educational placement of the student and the provision of a FAPE.

Parent participation in meetings

Parent(s) or adult students must be afforded an opportunity to participate in meetings regarding identification, evaluation, educational placement, and FAPE.
TCSD must provide notice to ensure participation.
A meeting does not include informal or unscheduled conversations, discussions of teaching methodology, lesson plans, or preparatory activities.

Parent involvement in placement decisions

Parent(s) or adult students must be members of any group that makes placement decisions.
Meetings must be scheduled early enough and at mutually agreed times.
Notice must state purpose, time, location, attendees, and the right to bring others with knowledge or expertise.
Alternative participation methods (phone/video) must be used if necessary.
Decisions may be made without parent/adult student only if attempts to involve them are documented.

INDEPENDENT EDUCATIONAL EVALUATION (IEE)
(34 CFR § 300.502; Rules IV.B.)
Definitions

Independent educational evaluation means an evaluation conducted by a qualified examiner not employed by TCSD.
Public expense means TCSD pays for or ensures the evaluation is provided at no cost.

Requirements

Parents or adult students may obtain an IEE at public expense if they disagree with a TCSD evaluation.
TCSD must provide information on where to obtain an IEE and applicable criteria.
Upon request for an IEE, TCSD must, without unnecessary delay:

File for due process to show its evaluation is appropriate; or
Ensure an IEE is provided at public expense.

If TCSD prevails in due process, the parent/adult student may still obtain an IEE, but not at public expense.
Parents/adult students are entitled to only one publicly funded IEE per evaluation.
IEEs must be considered in FAPE decisions if they meet criteria and may be presented in hearings.
If a hearing officer requests an IEE, it must be at public expense.
Criteria for publicly funded IEEs must match TCSD criteria for its own evaluations.
TCSD may not impose additional conditions or timelines.
An IEE obtained at TCSD expense becomes the property of TCSD.

PRIOR WRITTEN NOTICE
(34 CFR § 300.503; Rules IV.C.)

Prior written notice must be given a reasonable time before TCSD:

Proposes or refuses to initiate or change identification, evaluation, placement, or FAPE.

Notice must include

Description of the action proposed or refused;
Explanation of why;
Description of evaluations or records used;
Statement of procedural safeguards protections;
Sources for assistance;
Options considered and reasons rejected;
Other relevant factors.

Language and accessibility

Written in understandable language;
Provided in the native language or mode of communication unless not feasible;
If not written language, notice must be translated orally or by other means, understanding verified, and documented.

PROCEDURAL SAFEGUARDS NOTICE
(34 CFR § 300.504; Rules IV.D.)

A copy must be provided once per year, and additionally:

Upon initial referral or request for evaluation;
Upon first State or due process complaint in a school year;
In disciplinary removals constituting change of placement;
Upon request.

TCSD may post the notice on its website.

The notice must include explanations of:

IEEs;
Prior written notice;
Consent;
Record access;
Complaint procedures and timelines;
Mediation;
Stay‑put;
Interim alternative educational settings;
Unilateral private placement;
Due process hearings;
State appeals;
Civil actions;
Attorney’s fees.

Notices may be provided electronically if TCSD offers that option.

STATE COMPLAINT PROCEDURES
(34 CFR §§ 300.151–153; Rules IV.E.)

Tooele County School District follows all requirements found in Rules IV.E regarding State complaint procedures.

MEDIATION
(34 CFR § 300.506; Rules IV.F.)

Tooele County School District follows all requirements found in Rules IV.F regarding mediation.

FILING A DUE PROCESS COMPLAINT
(34 CFR § 300.507; UCA 53E‑7‑208; Rules IV.G.)

Tooele County School District follows all requirements found in Rules IV.G regarding filing a due process complaint.

DUE PROCESS COMPLAINT
(34 CFR § 300.508; Rules IV.H.)

Tooele County School District follows all requirements found in Rules IV.H regarding due process complaints.

RESOLUTION PROCESS
(34 CFR § 300.510; Rules IV.J.)

Tooele County School District follows all requirements found in Rules IV.J regarding resolution processes.

IMPARTIAL DUE PROCESS HEARING
(34 CFR § 300.511; Rules IV.K.)

Tooele County School District follows all requirements found in Rules IV.K regarding impartial due process hearings.

HEARING RIGHTS
(34 CFR § 300.512; Rules IV.L.)

Tooele County School District follows all requirements found in Rules IV.L regarding hearing rights.

HEARING DECISIONS
(34 CFR § 300.513; Rules IV.M.)

Tooele County School District follows all requirements found in Rules IV.M regarding hearing decisions.

FINALITY OF DECISION
(34 CFR § 300.514; Rules IV.N.)

Tooele County School District follows all requirements found in Rules IV.N regarding finality of decisions.

STATE ENFORCEMENT MECHANISMS
(34 CFR § 300.537; Rules IV.O.)

Tooele County School District follows all requirements found in Rules IV.O regarding State enforcement mechanisms.

TIMELINES AND CONVENIENCE OF HEARINGS
(34 CFR § 300.515; Rules IV.P.)

Tooele County School District follows all requirements found in Rules IV.P regarding timelines and convenience of hearings.

CIVIL ACTION
(34 CFR § 300.516; Rules IV.Q.)

Tooele County School District follows all requirements found in Rules IV.Q regarding civil action.

ATTORNEY’S FEES
(34 CFR § 300.517; UCA 53E‑7‑208(4)(B); Rules IV.R.)

Tooele County School District follows all requirements found in Rules IV.R regarding attorney’s fees.

STUDENT’S STATUS DURING PROCEEDINGS
(34 CFR § 300.518; Rules IV.S.)

Tooele County School District follows all requirements found in Rules IV.S regarding student status during proceedings.

SURROGATE PARENTS
(34 CFR § 300.519; Rules IV.T.)

TCSD must ensure student rights are protected when:

No parent can be identified;
Parent cannot be located;
Student is a ward of the State;
Student is an unaccompanied youth experiencing homelessness.

TCSD must assign a surrogate parent using lawful methods.

Surrogates:

May not be employees of involved agencies;
May not have conflicts of interest;
Must have appropriate knowledge and skills.

Temporary surrogates may be appointed for homeless youth.

Surrogates represent students in all matters related to identification, evaluation, placement, and FAPE.

Assignment must occur within 30 calendar days of determination of need.

TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY
(34 CFR § 300.520; Rules IV.U.)

When a student reaches age 18 (unless incompetent, married, or emancipated):

Notices must be provided to both parent(s) and student;
All rights transfer to the student.

Rights also transfer to incarcerated students.
TCSD must notify both parties of the transfer within a reasonable timeframe.

CONFIDENTIALITY OF INFORMATION
(34 CFR §§ 300.610–300.626; R277‑487; Rules IV.V.)

TCSD protects the confidentiality of all personally identifiable information (PII).
Definitions include:

Destruction;
Education records;
Participating agency.

TCSD must maintain records of access.
Parents/adult students may inspect only their student’s information.
TCSD must provide lists of record types and locations upon request.
Fees may be charged for copies but not for search/retrieval.
Consent is required for disclosure of PII unless permitted by FERPA.
Safeguards include training, designated confidentiality officer, and public listing of authorized staff.
Records may be destroyed when no longer needed, generally three years after graduation or age 22 (Medicaid requires five years).
Privacy rights transfer to students at age 18 unless legally incompetent.

DISCIPLINE PROCEDURES
DISCIPLINE PROCEDURES FOR STUDENTS WITH DISABILITIES
(34 CFR § 300.530; Rules V.A.)
Consistent with the requirements of Part B of the IDEA and the Rules, Tooele County School District shall establish, maintain, and implement policies and procedures for disciplining students with disabilities.

AUTHORITY OF SCHOOL PERSONNEL
(34 CFR § 300.530(a)–(c); Rules V.B.)

School personnel may consider unique circumstances on a case‑by‑case basis when determining whether a change in placement is appropriate.
School personnel may remove a student with a disability who violates a code of student conduct from the current placement to an interim alternative educational setting (IAES), another setting, or suspension, for not more than ten consecutive school days, to the same extent as applied to students without disabilities.
Additional removals of not more than ten consecutive school days in the same school year are permitted for separate incidents if they do not constitute a change of placement.
After ten cumulative school days of removal, services must be provided as required under Rules V.C.
For removals exceeding ten consecutive school days that are not manifestations of the disability, disciplinary procedures may be applied as with nondisabled students, but services must still be provided after the tenth day.

SERVICES
(34 CFR § 300.530(d); Rules V.C.)

A student with a disability removed from placement must:

Continue to receive educational services to participate in the general curriculum and progress toward IEP goals; and
Receive, as appropriate, an FBA and behavioral intervention services.

Services may be provided in an IAES.
Services are required after ten school days of removal in a school year.
For removals not constituting a change of placement, school personnel, in consultation with at least one teacher, determine needed services.
For removals that are a change of placement, the IEP Team determines appropriate services.

CHANGE OF PLACEMENT DUE TO DISCIPLINARY REMOVALS
(34 CFR § 300.536; Rules V.D.)

A change of placement occurs if:

Removal is more than ten consecutive school days (including shortened days); or
A pattern of removals exists totaling more than ten school days with substantially similar behavior and additional factors such as length and proximity.

Shortened school days imposed for discipline are considered removals.
Informal removals may constitute disciplinary removals unless:

The student continues in the general curriculum;
Receives IEP services; and
Participates with nondisabled peers to the same extent as before.

TCSD determines change of placement case‑by‑case, subject to due process review.

MANIFESTATION DETERMINATION
(34 CFR § 300.530(e)–(g), (i); Rules V.E.)

Within ten school days of a decision to change placement, the LEA, parent/adult student, and relevant IEP Team members must determine whether:

The conduct was caused by or had a direct and substantial relationship to the disability; or
The conduct was the direct result of failure to implement the IEP.

If either applies, the behavior is a manifestation.
If failure to implement the IEP is found, TCSD must remedy deficiencies.
If behavior is a manifestation, the IEP Team must:

Conduct or review an FBA and implement or modify a BIP; and
Return the student to the prior placement unless special circumstances apply or agreement is reached.

Special circumstances

School personnel may remove a student to an IAES for up to 45 school days regardless of manifestation if the student:

Carries or possesses a weapon;
Possesses, uses, sells, or solicits illegal drugs or controlled substances; or
Inflicts serious bodily injury.

Definitions

Controlled substance, illegal drug, serious bodily injury, and weapon are defined per federal statutes.

PROCEDURAL SAFEGUARDS NOTICE
(34 CFR § 300.530(h); Rules V.F.)

On the date a decision is made for a disciplinary change of placement, TCSD must notify the parent(s) or adult student and provide the procedural safeguards notice.

DETERMINATION OF SETTING
(34 CFR § 300.531; Rules V.G.)

The IEP Team determines the IAES for services if the behavior is not a manifestation, the removal is a change of placement, or special circumstances apply.

APPEALS BY PARENT OR LEA
(34 CFR § 300.532; Rules V.H.)

Parent(s)/adult students may appeal placement or manifestation decisions.
TCSD may appeal if maintaining the placement is substantially likely to result in injury.
A hearing officer may:

Return the student to the prior placement; or
Order a change to an IAES for up to 45 school days.

Expedited hearings:

Must occur within 20 school days;
Decisions issued within 10 school days;
Resolution meeting timelines apply with limited extensions.

PLACEMENT DURING APPEALS
(34 CFR § 300.533; Rules V.I.)

During appeals, the student remains in the IAES pending decision or expiration of the removal period unless otherwise agreed.

PROTECTIONS FOR STUDENTS NOT DETERMINED ELIGIBLE
(34 CFR § 300.534; Rules V.J.)

A student not yet determined eligible may assert IDEA protections if TCSD had knowledge of suspected disability prior to misconduct.
Knowledge is presumed if:

Parent expressed concern in writing;
Evaluation was requested; or
School personnel expressed concerns about behavior.

Knowledge is not presumed if:

Evaluation was refused;
Services were refused; or
Student was evaluated and found not eligible.

If evaluation is requested during discipline, it must be expedited.
Until evaluation completion, placement determined by school authorities applies.
If eligible, services must be provided.

REFERRAL TO AND ACTION BY LAW ENFORCEMENT AND JUDICIAL AUTHORITIES
(34 CFR § 300.535; Rules V.K.)

Nothing prohibits TCSD from reporting crimes committed by students with disabilities.
Special education and disciplinary records may be transmitted to authorities in compliance with FERPA.

STUDENTS WITH DISABILITIES IN OTHER SETTINGS
PRIVATE SCHOOL PLACEMENTS BY LEAs
(34 CFR § 300.325; Rules VI.A.)

Tooele County School District follows all requirements found in Rules VI.A regarding private school placements by LEAs.

STUDENTS WITH DISABILITIES ENROLLED BY THEIR PARENT(S) IN PRIVATE SCHOOLS
WHEN FAPE IS NOT AT ISSUE (UNILATERAL PLACEMENT)
(34 CFR § 300.130; Rules VI.B.)

Tooele County School District follows all requirements found in Rules VI.B regarding students with disabilities enrolled by their parent(s) in private schools when FAPE is not at issue.

STUDENTS WITH DISABILITIES ENROLLED BY THEIR PARENT(S) IN PRIVATE SCHOOLS
WHEN FAPE IS AT ISSUE
(34 CFR § 300.148; Rules VI.C.)

Tooele County School District follows all requirements found in Rules VI.C regarding students with disabilities enrolled by their parent(s) in private schools when FAPE is at issue.

STUDENTS WITH DISABILITIES ENROLLED IN HOME SCHOOL
(Rules VI.D.)

Tooele County School District is responsible for location, identification, and evaluation for eligibility for home‑schooled students within its boundaries.
A student who is home schooled shall meet eligibility criteria for students with disabilities in conformity with Rules II.C.–H., using comparable procedures required for identifying a student eligible in public school.
If a parent(s) or adult student who is home schooled or parentally placed in private school does not provide consent for initial evaluation or reevaluation, or fails to respond:

The LEA may not use dispute resolution procedures, including mediation or due process; and
The student is not required to be considered eligible for services.

Students enrolled in home school full time

A home‑schooled student with a disability does not have an individual right to receive the same special education and related services available in public school.
Tooele County School District makes the final decision regarding services, if any.
The LEA may develop a services plan for eligible home‑schooled students with disabilities.
The services plan must:

Meet IEP content requirements for provided services; and
Be developed, reviewed, and revised consistent with IEP provisions.

Tooele County School District determines where and when services will be provided.

Dual enrollment
(R277‑438; UCA 53G‑6‑702)

A student enrolled in both home school or private school and public school is considered dually enrolled.
A dually enrolled student is entitled to special education and related services under an IEP for the time or courses enrolled in public school.
Home schools do not meet the definition of private schools.

STUDENTS WITH DISABILITIES ENROLLED IN ADULT EDUCATION
(R277‑733; UCA 53E‑10‑205; Rules VI.E.)

Students with disabilities enrolled in Adult Education remain entitled to special education and related services until:

No longer eligible;
Graduation with a regular high school diploma; or
Reaching age 22.

Responsibility for FAPE remains with the school district of residence.

STUDENTS WITH DISABILITIES ENROLLED IN VIRTUAL SETTINGS
(Rules VI.F.)

Students with disabilities in public education virtual settings remain entitled to special education and related services until no longer eligible, graduated, or reaching age 22.
Responsibility for FAPE remains with the LEA of enrollment unless otherwise specified by Board Rule.

STUDENTS WITH DISABILITIES CONVICTED AS ADULTS AND INCARCERATED IN ADULT PRISONS
(34 CFR § 300.324; Rules VI.J.)

Tooele County School District follows all requirements found in Rules VI.J regarding students with disabilities convicted as adults and incarcerated in adult prisons.

STUDENTS WITH DISABILITIES WHO ARE ALSO IN STATE CUSTODY/CARE
(R277‑709; UCA 62A‑4A‑701; Rules VI.K.)

Tooele County School District follows all requirements found in Rules VI.K regarding students with disabilities who are also in state custody or care.

STUDENTS WITH DISABILITIES WHO RESIDE IN NURSING HOMES
(Rules VI.L.)

Tooele County School District follows all requirements found in Rules VI.L regarding students with disabilities residing in nursing homes.
Students residing in nursing homes and their parent(s) or adult students have the same rights under IDEA as all other eligible students.

PRESCHOOL AND POSTSECONDARY TRANSITIONS
PRESCHOOL TRANSITION FROM PART C TO PART B OF THE IDEA
(Rules VII.A.)

At the beginning of each school year, Tooele County School District must have an IEP in effect for each student with a disability ages three through five.
Policies and procedures must ensure:

Smooth and effective transitions from Part C to Part B;
An IEP is developed and implemented by the student’s third birthday;
If the third birthday occurs after the school year, the IEP Team determines the start date in the next school year (with possible ESY);
Participation in preschool transition conferences arranged by the Part C lead agency.

In developing IEPs for preschool students, the IEP Team must consider IFSP contents related to natural environments and school readiness.
Invitations to the initial IEP meeting must be sent to Part C service coordinators upon parent request.

POSTSECONDARY TRANSITION SERVICES — SCHOOL TO POST‑SCHOOL
(Rules VII.B.)
PURPOSE
(34 CFR § 300.1; Rules VII.B.1.)

To ensure that all students with disabilities have available to them a free appropriate public education (FAPE) that emphasizes special education and related services designed to meet their unique needs and prepare them for further education, employment, and independent living.

DEFINITION
(34 CFR § 300.43; Rules VII.B.2.)

Postsecondary transition services means a coordinated set of activities for a student with a disability that:

Is designed within a results‑oriented process focused on improving academic and functional achievement to facilitate movement from school to post‑school activities, including postsecondary education, vocational education, competitive integrated employment (including supported employment), continuing and adult education, adult services, independent living, or full community participation;
Is based on the individual student’s needs, taking into account strengths, preferences, and interests; and
Includes:

Instruction;
Related services;
Community experiences;
Development of employment and other post‑school adult living objectives; and
If appropriate, acquisition of daily living skills and provision of a functional vocational evaluation.

Postsecondary transition services may be special education or related services.

PARENT OR ADULT STUDENT PARTICIPATION
(34 CFR § 300.322; Rules VII.B.3.)

For students age 14 and older (or younger if appropriate), notice of meeting must indicate:

That postsecondary goals and transition services will be considered;
That the student will be invited; and
Which outside agencies will be invited with consent.

IEP TEAM
(34 CFR § 300.321; Rules VII.B.4.)

When transition is a purpose of the meeting:

The student must be invited.
If the student does not attend, TCSD must take steps to ensure preferences and interests are considered.
With consent, representatives of participating agencies likely responsible for services or funding must be invited.

IEP CONTENT — TRANSITION
(34 CFR § 300.320(b); Rules VII.B.5.)

For students age 14 and older:

Annual IEP goal related to postsecondary transition service needs.
Measurable postsecondary goals based on age‑appropriate transition assessments related to:

Education/training;
Employment; and
Independent living skills, if appropriate.

Postsecondary transition services and activities reasonably enabling goal achievement.
Multi‑year courses of study aligned to goals.
Evidence the student was invited to the IEP meeting.
Evidence of invited agency participation, if appropriate.
Any graduation requirement modifications permitted by rule.

Students with disabilities must have access to all school services related to college and career readiness planning and be included in related school activities.

TRANSFER OF RIGHTS AT AGE OF MAJORITY
(34 CFR §§ 300.320(c), 300.520; Rules VII.B.6.)

Not later than the student’s 17th birthday, the IEP must include a dated statement signed by the student, parent(s), and LEA representative that rights will transfer at age 18 unless guardianship or other legal arrangements exist.
Rights also transfer for incarcerated students.
Upon reaching age 18 (unless legally incompetent, married, or emancipated):

All parental rights transfer to the student.
TCSD must notify both student and parent(s).

TERMINATION OF ELIGIBILITY AS A CHANGE OF PLACEMENT
(34 CFR § 300.305; Rules VII.B.7.)

Evaluation is not required prior to termination due to graduation with a regular diploma or exceeding age eligibility.

TCSD must provide a Summary of Academic Achievement and Functional Performance, including:

Postsecondary goals;
Recommendations for meeting goals; and
Information on accommodations used.

Receipt of a GED does not end FAPE eligibility.

FAILURE TO MEET POSTSECONDARY TRANSITION OBJECTIVES
(34 CFR § 300.324; Rules VII.B.8.)

If a participating agency fails to provide transition services:

TCSD must reconvene the IEP Team to identify alternative strategies.

Agencies retain responsibility for services they are otherwise obligated to provide.

STUDENTS WITH DISABILITIES IN ADULT PRISONS
(34 CFR § 300.324; Rules VII.B.9.)

Transition planning requirements do not apply if eligibility will end before release.
FAPE obligations do not apply to incarcerated students ages 18–21 if State law does not require services and the student was not previously identified or served.
Exceptions apply for previously identified students.

GRADUATION
(UCA 53E‑7‑202; R277‑705; Rules VII.C.)

FAPE obligations end upon graduation with a regular high school diploma.
Graduation constitutes a change of placement requiring prior written notice.
A regular diploma does not include certificates or GEDs.
Graduation requirements may be modified per the student’s IEP.
Certificates of completion may be awarded consistent with law and the IEP.

TERMINATION OF SERVICES UPON REACHING AGE 22
(UCA 53E‑7‑201; R277‑419‑2(23)(B); Rules VII.D.)

If a student turns 22 after July 1, TCSD must continue to provide FAPE until the end of that school year.

RESPONSIBILITIES OF THE UTAH STATE BOARD OF EDUCATION
GENERAL SUPERVISORY AUTHORITY
(Rules VIII.A.)

TCSD provides data for State and Federal reporting and program monitoring.
TCSD provides or cooperates to provide FAPE for all resident students with disabilities.
Programs are funded through MSP and other applicable laws.
IDEA and Rules are binding on LEAs and public agencies.

STATE ELIGIBILITY
(Rules VIII.B.)

TCSD ensures students with disabilities have access to the full range of educational programs available to nondisabled students, including arts and vocational education.

USBE PROGRAM MONITORING
(Rules VIII.D.)

TCSD participates in UPIPS monitoring.
Required activities must be completed on USBE timelines.
Monitoring results are publicly available upon request.

PERSONNEL QUALIFICATIONS
(34 CFR § 300.156; Rules VIII.K.)

Special education teachers must be fully certified, licensed, and hold at least a bachelor’s degree.
Alternate route certification programs are permitted under strict conditions.
Adapted physical education endorsement is required where applicable.
Related service providers and paraeducators must meet State standards.
Interpreters for deaf/hard of hearing students must be certified.
Complaints about qualifications may be filed through State complaint or due process.

REPORTING ON SUSPENSION AND EXPULSION RATES
(34 CFR § 300.170; Rules VIII.M.)

TCSD reports suspension and expulsion data via UTREx.
USBE reviews for significant discrepancies and may require policy revisions.

PROHIBITION ON MANDATORY MEDICATION
(34 CFR § 300.174; Rules VIII.X.)

TCSD personnel may not require medication as a condition of attendance, evaluation, or services.
Teachers may share classroom‑based observations with parents/adult students.

LEA ELIGIBILITY AND RESPONSIBILITIES
LEA ELIGIBILITY FOR IDEA PART B FUNDS
(34 CFR §§ 300.211–212, 300.220; Rules IX.A.)

Federal special education funding is made available through a grant to the State from the Office of Special Education Programs (OSEP).

Funds may be used only to provide services for students eligible under Part B of the IDEA.

Funds are available for:

Students ages 3–5 (Section 619 Preschool); and
Students ages 3–21 (Section 611 School‑Age).

Some funds are retained at the State level for administration and State‑level activities; remaining funds are distributed to LEAs by formula.

Annually, USBE notifies Tooele County School District of the availability of IDEA Part B funds.

To receive funds, TCSD must have a USBE‑approved special education program with policies and procedures consistent with State Rules.

TCSD’s program is approved when:

Policies and procedures are approved by USBE special education staff; and
Approved by the local board in a public meeting.

Documentation of board approval must be submitted to USBE.

Approved policies remain in effect until:

Modifications are required by USBE or LEA;
New Federal or State interpretations are issued;
A finding of noncompliance requires changes.

TCSD must make eligibility documents available to parents, adult students, and the public.

TCSD develops annual improvement goals based on the State Performance Plan (SPP) and Annual Performance Report (APR).

TCSD must provide additional data required by USBE, including LRE, disproportionality, discipline, and personnel information.

USE OF PART B FEDERAL FUNDS BY THE LEA
(34 CFR §§ 300.200–206, 300.208; Rules IX.B.)

TCSD must submit assurances to USBE demonstrating compliance with IDEA funding requirements.
Funds must:

Be used only for excess costs of special education and related services;
Supplement, not supplant, State and local funds.

Excess cost requirements ensure IDEA funds are not used to pay all costs of educating a student with a disability.

MAINTENANCE OF EFFORT (MOE)
(34 CFR § 300.203)

TCSD must budget and expend at least the same amount for special education as in the prior fiscal year from one of the following:

Local funds only;
State and local funds;
Local funds on a per‑capita basis;
State and local funds on a per‑capita basis.

Failure to meet MOE results in required repayment of funds using non‑Federal money.
Exceptions to MOE include:

Staff departures;
Decreased enrollment of students with disabilities;
Termination of costly programs;
Completion of long‑term purchases;
Costs assumed by the State high‑cost fund.

SCHOOL‑WIDE PROGRAMS
(34 CFR § 300.206)

TCSD may use IDEA Part B funds in Title I school‑wide programs within allowable limits.
IDEA requirements must still be met, including provision of IEP services and protections.

CHARTER SCHOOLS AND THEIR STUDENTS
(34 CFR § 300.209; Rules IX.C.)

Nothing prohibits school districts and charter schools from developing Memoranda of Understanding (MOUs) to address student‑specific needs or placements.

COORDINATED EARLY INTERVENING SERVICES (CEIS)
(34 CFR § 300.226; Rules IX.D.)

TCSD may use up to 15% of IDEA Part B funds for CEIS.
CEIS may include:

Professional learning for staff;
Academic and behavioral interventions;
Educational evaluations and supports.

CEIS may not delay evaluation for suspected disabilities.
TCSD must report annually to USBE on students served and subsequent eligibility outcomes.

PERSONNEL DEVELOPMENT
(34 CFR § 300.207; Rules IX.E.)

TCSD must ensure all personnel are appropriately trained and qualified.
Paraeducators must be trained, supervised, and used in accordance with State standards.
Documentation must be provided to USBE upon request.

FUNDED PREVALENCE OF DISABLING CONDITIONS
(UCA 53F‑2‑307; Rules IX.F.)

Special education ADM is capped as a percentage of total district ADM:

14% for counties of the 1st–3rd class;
20% for counties of the 4th–6th class.

LEA PROVISION OF FAPE
(34 CFR § 300.101; Rules IX.G.)

TCSD remains obligated to provide FAPE even if a student is temporarily unenrolled.
TCSD oversees educator caseloads to ensure availability of FAPE.

ROUTINE CHECKING OF HEARING AIDS AND IMPLANTED DEVICES
(34 CFR § 300.113; Rules IX.H.)

Hearing aids worn at school must be functioning properly.
External components of surgically implanted devices must be checked.
TCSD is not responsible for post‑surgical maintenance or replacement.

EDUCATOR LICENSE REQUIREMENTS
(R277‑301, R277‑304, R277‑306, R277‑320; Rules IX.I.)

All professionals must hold appropriate Utah licensure or endorsements.
Includes special education teachers, SLPs, psychologists, social workers, therapists.
Adapted physical education endorsement is required where applicable.

PURCHASE OF INSTRUCTIONAL MATERIALS IN ACCESSIBLE FORMATS
(34 CFR § 300.210; Rules IX.J.)

TCSD must provide instructional materials in accessible formats in a timely manner.
Materials must be available to students with print disabilities at the same time as peers.

SCHOOL DISTRICTS TO PROVIDE USDB CLASS SPACE
(UCA 53E‑8‑410; Rules IX.K.)

TCSD must make a good‑faith effort to provide space for USDB programs when serving resident students.

SPECIAL EDUCATION FUNDING

Federal and State special education funds are governed by different rules and restrictions.
Some requirements apply to both; others apply only to one funding source.

STATE SPECIAL EDUCATION FUNDS GENERALLY
(UCA 53F‑2‑307; Rules X.A.)

State funds may be used only for direct costs or approved construction/alteration.
Facilities projects must:

Be necessary and reasonable;
Serve students with disabilities;
Be approved by the State Board;
Meet compliance and accountability requirements.

SPECIAL EDUCATION ADD‑ON FUNDS (1205)
(Rules X.C.)

Must be used to cover direct costs of providing special education services.

SELF‑CONTAINED FUNDS (1210)

Used only for direct costs of educating students in self‑contained placements.

IMPACT AID (1225), ESY (1220), EYSE (1278), INTENSIVE SERVICES (1230)

Each fund has specific allowable uses related to:

Administration;
ESY services;
Educator stipends;
High‑cost intensive services.

ALLOWABLE COSTS FOR FEDERAL IDEA FUNDS
(Rules X.R.)

Federal IDEA funds may be used for:

Specially designed instruction;
Related services;
Supplementary aids and services;
Inclusive preschool services;
Peer models;
Co‑teaching.

FINAL COMPLIANCE STATEMENT
This document represents Tooele County School District Special Education Policy.
Policies align with Utah State Special Education Rules adopted June 2023 and comply with IDEA 2004 (34 CFR §§ 300 and 303).