SPED: III - IEP Development and Service Delivery

III. IEP DEVELOPMENT AND SERVICE DELIVERY

III.A. INDIVIDUALIZED EDUCATION PROGRAM (Rules III.A.)

WSD implements the following policies and procedures to address the IEP requirements of Rules III.A-T., including the least restrictive environment (LRE) requirements, consistent with Part B of the IDEA and the Rules, as well as R277-750, R277-800, and the USBE/USDB Interagency Agreement.

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

At the beginning of each school year, [DISTRICT] must have an IEP in effect for each student with a disability within its jurisdiction.
WSD must ensure that:
1. A meeting to develop an IEP for a student is conducted within 30 calendar days of a determination that the student needs special education and related services; and
2. As soon as possible following development of the IEP, special education and related services are made available to the student in accordance with the student’s IEP.
3. WSD must ensure the student’s IEP is:
  1. Accessible to each regular education teacher, special education teacher, related service provider, and any other service provider who is responsible for its implementation; and
  2. Each teacher and provider is informed of:
    1. His/her specific responsibilities related to implementing the student’s IEP; and
    2. The specific accommodations, modifications, and supports that must be provided for the student in accordance with the IEP.

Documentation of IEP implementation shall be provided to USBE upon request.

III.C. TRANSFER STUDENTS (34 CFR § 300.323; Rules III.C.)

Transfers within Utah.
1. In the case of a student with a disability with a current IEP who transfers from one LEA to another within the State within the same school year and enrolls in a new school, WSD, in consultation with the parent(s) or adult student, must provide a FAPE to the student, including services comparable to those described in the previously held IEP, until such time as WSD:
  1. Adopts the previously held IEP, or
  2. Develops, adopts, and implements a new IEP that is consistent with Federal regulations and the Rules.
2. The requirements of 34 CFR § 300.323 also apply for students transferring from an LEA placement to a local juvenile or adult correctional facility or temporary State placement for observation and assessment.
Transfers from out of State.
1. In the case of a student with a disability with a current IEP who transfers LEAs within the same school year, who enrolls in a new school, and who has an IEP that was in effect in another State, WSD, in consultation with the parent(s) or adult student, must provide the student with a FAPE, including services comparable to those described in the previously held IEP, until WSD:
  1. Conducts an evaluation, if determined to be necessary by WSD; and
  2. Develops a new IEP, if appropriate, that is consistent with Federal and State law.
2. The evaluation for eligibility that may be conducted by WSD is considered an initial evaluation, not a reevaluation (71 FR 4668-82).
To facilitate the transition for a student described above:
1. WSD must take reasonable steps to promptly obtain the student’s records, including the IEP and supporting documents and any other records relating to the provision of special education or related services to the student, from the previous LEA in which the student was enrolled; and
2. The previous LEA in which the student was enrolled must take reasonable steps to promptly respond to the request from WSD.
3. WSD must keep a copy of the records for three years after the transfer.
Experiencing difficulty in obtaining the IEP from the previous LEA does not relieve WSD of its obligation to have a current IEP in place for an eligible student.

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

WSD is responsible for initiating and conducting meetings for the purpose of developing, reviewing, and revising the IEP of a student with a disability ages 3 through 21, consistent with the Rules.
A meeting to develop an IEP for an eligible student must be conducted within 30 calendar days of a determination that a student needs special education and related services.

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

WSD must ensure the IEP Team for each student with a disability includes:

The parent(s) of the student or the adult student;
Not less than one regular education teacher of the student (if the student is, or may be, participating in the regular education environment);
Not less than one special education teacher of the student, or where appropriate, not less than one special education provider of the student;
A representative of WSD who:
1. Is qualified to provide, or supervise the provision of, specially designed instruction to meet the unique needs of students with disabilities;
2. Is knowledgeable about the general education curriculum; and
3. Is knowledgeable about the availability of resources of WSD.
4. WSD may designate a WSD member of the IEP Team to also serve as WSD representative, if the above criteria are satisfied.
A representative of USDB and the LEA of residence when the student’s placement is at USDB, when the IEP Team is considering placement at USDB, or when the student receives 180 minutes or more of special education and/or related services from USDB.
An individual who can interpret the instructional implications of evaluation results, who may be a member of the team described in this section;
At the discretion of the parent(s) or adult student or WSD, other individuals who have knowledge or special expertise regarding the student, including related services personnel as appropriate; and
Whenever appropriate, the student with a disability.
The determination of knowledge or special expertise of any individual described in Rule III.E.6. above must be made by the party (parent(s) or adult student or WSD who invited the individual to be a member of the IEP Team.
If a purpose of the IEP Team meeting is consideration of the postsecondary goals for the student and the transition services needed to assist the student in reaching those goals, WSD must invite the student with a disability to attend the student’s IEP meeting. If the student does not attend the IEP meeting, WSD must take other steps to ensure the student’s preferences and interests are considered.
To the extent appropriate, with the written consent of the parent(s) or adult student, WSD must invite a representative of any participating agency that is likely to be responsible for providing or paying for transition services.
Signatures on an IEP denote participation of IEP Team members in the development of the IEP.

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

A required member of the IEP Team is not required to attend a particular IEP Team meeting, in whole or in part, if the parent(s) of a student with a disability or adult student and WSD agree, in writing, that the attendance of the member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting.
A required member of the IEP Team may be excused from attending an IEP meeting, in whole or in part, when the meeting involves a modification to or discussion of the member’s area of the curriculum or related services, if:
1. The parent(s) or adult student, in writing, and WSD consent to the excusal; and
2. The member submits, in writing, to the parent(s) or adult student and the IEP Team, input into the development of the IEP prior to the meeting.

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

WSD must take steps to ensure that one or both of the parents of a student with a disability or the adult student are present at each IEP meeting or are afforded the opportunity to participate, including:
1. Notifying parent(s) or adult student of the meeting early enough to ensure they will have an opportunity to attend; and
2. Scheduling the meeting at a mutually agreed-on time and place.
If the parent(s) or adult student cannot attend, WSD must use other methods to ensure participation of the parent(s) or the adult student, including individual or conference telephone calls. The parent(s) of a student with a disability or the adult student and WSD may agree to use alternative means of meeting participation, such as video conferences and conference calls (34 CFR § 300.328).
A meeting may be conducted without a parent or the adult student in attendance if WSD is unable to convince the parent(s) or the adult student they should attend. In this case, WSD must keep a record of its attempts to arrange a mutually agreed-on time and place, such as:
1. Detailed records of telephone calls made or attempted and the results of those calls;
2. Copies of correspondence sent to the parent(s) or adult student and any responses received; and
3. Detailed records of visits made to the parent’s(s’) or adult student’s home or place of employment and the results of those visits.
WSD must take whatever action is necessary to ensure the parent(s) or adult student understands the proceedings of the IEP Team meeting, including arranging for an interpreter for parent(s) or adult student with deafness or whose native language is other than English.
1. Under UCA 35A-13-604, an individual is required to be certified as an interpreter if that individual provides interpreter services for deaf and hard of hearing individuals.
2. An individual providing interpreting services other than those for deaf and hard of hearing individuals shall be trained.
The parent(s) of a student with a disability or adult student are participants along with school personnel in developing, reviewing, and revising the IEP for their student. This is an active role in which the parent(s) or adult student:
1. Provide critical information regarding the strengths of the student and express their concerns for enhancing the education of the student;
2. Participate in the discussion of the student’s need for special education and related services, and supplementary aids and services; and
3. Join with other participants in deciding how the student will be involved and progress in the general curriculum, how the student will participate in State- and LEA-wide assessments, and what services WSD will provide to the student and in what setting.
WSD must give the parent(s) or adult student a copy of the student’s IEP at no cost to the parent(s) or adult student.

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

The notice of meeting required to be provided to the parent(s) or adult student must:
1. Indicate the purpose, time, and location of the meeting and who will be in attendance; and
2. Inform the parent(s) or adult student of the provision for participation of other individuals who have knowledge or special expertise about the student on the IEP Team.
3. Inform the parent(s) that, at their request, the Part C service coordinator, or other representatives of the Part C system, may be invited to participate at the initial IEP team meeting for a student previously served under Part C of the IDEA.
For a student with a disability, ages 14 and older, or younger if determined appropriate by the IEP Team, the IEP notice of meeting also must:
1. Indicate that a purpose of the meeting will be the consideration of the postsecondary goals and transition services for the student; and
2. Indicate that WSD will invite the student; and
3. Identify any other agency that will be invited, with parental or adult student consent, to send a representative.
When conducting IEP Team meetings and placement meetings and carrying out administrative matters, the parent(s) of a student with a disability or adult student and WSD may agree to use alternative means of meeting participation such as video conferences and conference calls (34 CFR § 300.328).

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

Development, review, and revision of the IEP.
1. In developing each student’s IEP, the IEP Team must consider:
  1. The strengths of the student;
  2. The concerns of the parent(s) or adult student for enhancing the education of the student;
  3. The results of the initial or most recent evaluation of the student, and
  4. The academic, developmental, and functional needs of the student.
2. The IEP Team, in conducting a meeting to develop, review and, if appropriate, revise a student’s IEP, must consider the following special factors:
  1. In the case of a student with limited English proficiency (LEP), consider the language needs of the student as those needs relate to the student’s IEP;
  2. In the case of a student who is blind or visually impaired, provide for instruction in braille and the use of braille unless the IEP Team determines, after an evaluation of the student’s reading and writing skills, needs, and appropriate reading and writing media (including an evaluation of the student’s future needs for instruction in braille or the use of braille), that instruction in braille or the use of braille is not appropriate for the student;
    1. Prior to determining whether a blind student should use braille as the primary reading mode, the student’s IEP Team must be provided (through pertinent literature or discussions with competent braille users and educators, or both) with detailed information about the use and efficiency of braille as a reading medium, in order to make an informed choice as to the student’s primary reading.
  3. Consider the communication needs of the student and, in the case of a student who is deaf or hard of hearing, consider the student’s language and communication needs, opportunities for direct communication with peers and professional personnel in the student’s language and communication mode, academic level, and full range of needs, including opportunities for direct instruction in the student’s language and communication mode;
  4. Consider whether the student needs assistive technology devices and services in school and on a case-by-case basis, in a student’s home or other setting; and
  5. In the case of a student whose behavior impedes the student’s learning or that of others, consider the use of positive behavior interventions and supports, and other strategies, to address that behavior.
    1. When making decisions on behavior interventions, the IEP Team must refer to the USBE Least Restrictive Behavior Interventions (LRBI) Technical Assistance (TA) Manual for information on research-based intervention procedures.
      1. Emergency safety interventions may only be included in an IEP as a planned intervention when the IEP Team agrees that less restrictive means which meet circumstances in R277-608 have been attempted, a functional behavior assessment (FBA) has been conducted, and a positive behavior intervention plan based on data analysis has been developed and implemented (R277-609).
    2. The purpose of the LRBI TA Manual related to the use of positive behavior supports and behavior interventions in schools is to:
      1. Protect the safety and well-being of all students;
      2. Provide protection for students, teachers, other school personnel, and LEAs; and
      3. Ensure parent(s) or adult students are involved in the consideration and selection of behavior interventions to be used.
    3. When an emergency situation occurs that requires the immediate use of an emergency safety intervention to protect the student or others from harm, the staff shall comply with requirements in R277-609 with regards to time limitations and parental or adult student notification.
    4. As appropriate, the student should receive a FBA and behavior intervention services and modifications that are designed to address the behavior (34 CFR § 300.530(d)(1)(ii)).
3. If, in considering the special factors described above, the IEP Team determines a student needs a particular device or services for educational purposes (including an intervention, accommodation, or other program modification) in order for the student to receive a FAPE, the IEP Team must include a statement to that effect in the student’s IEP.
4. A regular education teacher of a student with a disability, as a member of the IEP Team, must, to the extent appropriate, participate in the development of the IEP of the student, including the determination of:
  1. Appropriate positive behavior interventions and supports and other strategies for the student; and
  2. Supplementary aids and services, program modifications, and support for school personnel consistent with the IEP.
Changes to the IEP.
1. In making changes to a student’s IEP after the annual IEP Team meeting for a school year, the parent(s) of a student with a disability or adult student and WSD may agree not to convene an IEP meeting for the purposes of making those changes, and instead may develop a written document to amend or modify the student’s current IEP.
2. Upon request, the parent(s) or adult student must be provided with a revised copy of the IEP with the amendments incorporated.
3. If changes are made to the student’s IEP through the amendment process, WSD must ensure the student’s IEP Team is informed of those changes.
To the extent possible, WSD must encourage the consolidation of reevaluation meetings and other IEP Team meetings for the student (34 CFR § 300.324(a)(5)).
Review and revision of the IEP.

WSD must ensure the IEP Team:
1. Reviews the student’s IEP periodically, but not less than annually, to determine whether the annual goals for the student are being achieved; and
2. Revises the IEP, as appropriate, to address:
  1. Any lack of expected progress toward the annual goals in the IEP and in the general education curriculum, if appropriate;
  2. The results of any reevaluation;
  3. Information about the student provided to, or by, the parent(s) or adult student;
  4. The student’s anticipated needs; or
  5. Other matters.
3. In conducting a review of the student’s IEP, the IEP Team must consider the special factors in Rules III.I.1.b.
4. A regular education teacher of the student, as a member of the IEP Team, must participate in the review and revision of the IEP of the student, if the student is or may be participating in the general education classroom.
5. If a participating agency, other than WSD, fails to provide the transition services described in the IEP, WSD must reconvene the IEP Team to identify alternative strategies to meet the transition objectives for the student set out in the IEP.
6. Nothing in this part relieves any participating agency, including a State vocational rehabilitation agency, of the responsibility to provide or pay for any transition service that the agency would otherwise provide to students with disabilities who meet the eligibility criteria of that agency.

III.J. DEFINITION OF THE INDIVIDUALIZED EDUCATION PROGRAM (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 must include:
1. A statement of the student’s present levels of academic achievement and functional performance (PLAAFP), including:
  1. 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 non-disabled students); or
  2. For preschool students, as appropriate, how the disability affects the student’s participation in appropriate activities; and
  3. For students who are blind, the results obtained from a braille-related or braille skills assessment;
2. A statement of measurable annual goals, including academic and functional goals designed to:
  1. 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
  2. Meet each of the student’s other educational needs that result from the student’s disability;
3. For eligible students with significant cognitive disabilities who will participate in grade-level alternate achievement standards (i.e., Essential Elements):
  1. 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
  2. A description of benchmarks or short-term objectives for each annual goal;
4. A description of:
  1. How the student’s progress toward meeting the annual IEP goals will be measured; and
  2. 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;
5. 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:
  1. To advance appropriately toward attaining the annual goals;
  2. To be involved in and make progress in the grade-level general education curriculum, and to participate in extracurricular and other nonacademic activities; and
  3. To be educated and participate with other similar-aged students with disabilities and non-disabled students in the activities described in this section;
6. 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;
7. A statement of:
  1. 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
  2. If the IEP Team determines the student must take an alternate assessment instead of a particular regular State- or LEA-wide assessment of student achievement, a statement of why:
    1. The student cannot participate in the regular assessment; and
    2. The particular alternate assessment selected is appropriate for the student; and
8. All students, including students with disabilities, participate in statewide assessments. WSD 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, WSD will submit justification to the USBE on the need to exceed the cap.
9. The projected date for the beginning of the services and modifications, and the anticipated frequency, location, and duration of those services and modifications.
10. 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:
  1. Appropriate measurable postsecondary goals based upon age-appropriate transition assessments related to training or education, employment, and, where appropriate, independent living skills; and
  2. The transition services (including courses of study) needed to assist the student in reaching those goals.
11. 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 WSD that a student has married or become emancipated before age 18.
12. 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.
13. 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, the Rules, R277-418, R277-713, and R277-726.

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

See Section VII. Transitions below.

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

Physical education services, specially designed if necessary, are made available to every student with a disability receiving a FAPE,
Each student with a disability must be afforded the opportunity to participate in the regular physical education program available to nondisabled students unless:
1. The student is enrolled full time in a separate facility; or
2. The student needs specially designed physical education, as prescribed in the student’s IEP.
WSD is responsible for specially designed physical education (e.g., adapted PE) if it is prescribed in a student’s IEP, by providing the services directly or by making arrangements for those services to be provided through other public or private programs.
WSD is responsible for the education of a student with a disability who is enrolled in a separate facility and must ensure the student receives appropriate physical education services.

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

WSD must ensure 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:
1. Special education,
2. Related services, or
3. 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 the student needs access to those devices in order to receive a FAPE.

III.N. 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:
1. Are provided to an eligible student with a disability:
  1. Beyond the normal school year of WSD;
  2. In accordance with the student’s IEP; and
  3. At no cost to the parent(s) of the student or adult student; and
2. Meet the standards of the USBE in R277-751.
WSD shall ensure:
1. ESY services are available as necessary to provide a FAPE, consistent with the Rules and considered for each individual student with a disability during an IEP, based upon a review of multiple data sources and factors.
2. ESY student programs are provided in the least restrictive environment.
3. ESY teachers and paraeducators meet USBE and IDEA requirements.
ESY services must be provided only if a student’s IEP Team determines, on an individual basis, the services are necessary for the provision of a FAPE to the student. The annual IEP shall reflect the IEP Team’s decision regarding the need for ESY services.
1. Parent(s) or the adult student shall be provided with prior written notice of proposal or refusal to provide ESY services.
2. If the student is determined eligible for ESY services, the IEP Team shall determine the appropriate ESY program, based on the student’s individual needs.
3. ESY eligibility decisions and prior written notice of ESY programs shall be provided to parent(s) or adult student in sufficient time to permit accessing dispute resolution options of the procedural safeguards, in the event of a dispute.
In implementing the requirements of this section, WSD may not:
1. Limit ESY services to particular categories of disability, age, or grade level;
2. Unilaterally limit the type, amount, or duration of those services; or
3. Limit data consideration by IEP Teams to only an analysis of regression and recoupment.

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

WSD must ensure:
1. To the maximum extent appropriate, students with disabilities, including students in public or private institutions or other care facilities (e.g., nursing homes), are educated with similar-aged students who are nondisabled; and
2. Special classes, separate schooling, or other removal of students with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. In the case of a student who is deaf or hard of hearing, consideration of a special class or school may be the least restrictive environment in that it provides opportunities for direct communication and instruction in the student’s language and communication mode with professional personnel and peers.
3. LRE provisions apply to transition programs and placement.

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

WSD must ensure a continuum of alternative placements is available to meet the needs of students with disabilities for special education and related services.
The continuum required:
1. Includes the following alternative placements for instruction:
  1. Regular classes,
  2. Special classes,
  3. Special schools,
  4. Home instruction, and
  5. Instruction in hospitals and institutions; and
2. Makes provision for supplementary services (such as resource room or itinerant instruction) to be provided in conjunction with regular class placement.

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

In determining the educational placement of a student with a disability, including a transition-aged student with a disability, WSD must ensure:
1. The placement decision:
  1. Is made by a group of persons, including the parent(s) or adult student and other persons knowledgeable about the student, the meaning of the evaluation data, and the placement options; and
  2. Is made in conformity with the LRE provisions above.
2. The student's placement:
  1. Is determined at least annually;
  2. Is based on the student's IEP; and
  3. Is as close as possible to the student's home;
3. Unless the IEP of a student with a disability requires some other arrangement, the student is educated in the school that the student would attend if non-disabled;
4. In selecting the LRE, consideration is given to any potential harmful effect on the student or on the quality of services the student needs; and
5. A student with a disability is not removed from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum.

III.R. PARENTAL INVOLVEMENT IN PLACEMENT DECISIONS (34 CFR §§ 300.327, 300.50; Rules III.R.)

WSD must ensure the parent(s) of each student with a disability or adult student are members of any group that makes decisions on the educational placement of the parent’s student or the adult student (Rules IV.B).
In implementing this requirement, WSD shall use procedures for parent or adult student involvement in placement decisions consistent with those used for parent participation in IEP meetings.
If neither parent or the adult student can participate in a meeting in which a decision is to be made relating to the educational placement of the student, WSD shall use other methods to ensure their participation, including individual or conference telephone calls or video conferencing.
A group may make a placement decision without the involvement of the parent(s) or adult student if WSD is unable to obtain either parent’s or adult student’s participation in the decision. In this case, WSD must have a record of its attempts to ensure their involvement.

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

In providing or arranging for the provision of nonacademic and extracurricular services and activities, including meals, recess periods, and the services and activities in Rules III.V, WSD must ensure each student with a disability participates with non-disabled students in the extracurricular services and activities to the maximum extent appropriate to the needs of that student.
WSD must ensure each student with a disability has the supplementary aids and services determined by the student's IEP Team to be appropriate and necessary for the student to participate in nonacademic settings.
A student with a disability (under the age of 22 who has not graduated from high school with a regular high school diploma, whose IEP Team recommends participation) may not be denied the opportunity of participating in public school programs or extracurricular activities solely because of the student’s age, unless the participation threatens the health or safety of the student. WSD, in cooperation with the Utah Department of Health, shall establish criteria used to determine the health and safety factor (UCA 53G-6-709).

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

WSD must take steps, including the provision of supplementary aids and services determined appropriate and necessary by the student's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford students with disabilities an equal opportunity for participation in those services and activities.
Nonacademic and extracurricular services and activities may include counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by WSD, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by WSD and assistance in making outside employment available.

Created on 18 November 2022.
Last updated on 21 November 2022.
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