Title 53E, Title 53E: Public Education System -- State Administration

53E-6-603. Ineligibility for educator license. (1) The state board may refuse to issue a license to a license applicant if the state board finds good cause for the refusal, including behavior of the applicant: found pursuant to a criminal, civil, or administrative matter after re…

53E-6-604. State board disciplinary action against an educator. (1) The state board shall direct UPPAC to investigate an allegation, administrative decision, or judicial decision that evidences an educator is unfit for duty because the educator exhibited behavior that: is immoral…

53E-6-604.5. Restrictions on employment and volunteer service following license suspension or revocation. (1) As used in this section: "Qualifying serious misconduct" means conduct that: caused actual physical, emotional, or psychological harm to a child; created a credible risk …

53E-6-605. Designation of hearing officer or panel -- Review of findings. (1) UPPAC or a state or local school board charged with responsibility for conducting a hearing may conduct the hearing itself or appoint a hearing officer or panel to conduct the hearing and make recommend…

53E-6-606. Administering of oaths -- Issuance of subpoenas. (1) UPPAC or a state or local school board charged with responsibility for conducting an investigation or a hearing under this chapter may administer oaths and issue subpoenas in connection with the investigation or hear…

53E-6-607. Policies for conducting hearings -- Standard of proof. (1) The state board and each local school board shall adopt policies for the conduct of hearings to ensure that requirements of due process are met. (2) An accused party shall be provided not less than 15 days befo…

53E-6-701. Mandatory reporting of physical or sexual abuse of students. (1) For purposes of this section, "educator" means, in addition to a person included under Section, a person, including a volunteer or temporary employee, who at the time of an alleged offense was performing …

53E-6-702. Reimbursement of legal fees and costs to educators. (1) As used in this section: "Action" means any action, except those referred to in Section, brought against an educator by an individual or entity other than: 52-6-201 the entity who licenses the educator; and the LE…

53E-6-703. Professional competence or performance -- Administrative hearing by local school board -- Action on complaint. (1) No civil action by or on behalf of a student relating to the professional competence or performance of a licensed employee of a school district, or to the…

53E-6-801. Mediation of contract negotiations. (1) The president of a professional local organization which represents a majority of the licensed employees of a school district or the chairman or president of a local school board may, after negotiating for 90 days, declare an imp…

53E-6-802. Appointment of hearing officer -- Hearing process. (1) If a mediator appointed under Sectionis unable to effect settlement of the controversy within 15 working days after his appointment, either party to the mediation may by written notification to the other party and …

53E-6-901. Substitute teachers. (1) As used in this section, "substitute teacher" means a licensed or non-licensed individual who is employed by a school district to fill in for a regular classroom teacher during the teacher's temporary absence from the classroom. (2) When hiring…

53E-6-902. Teacher leaders. (1) As used in this section, "teacher" means an educator who has an assignment to teach in a classroom. (2) There is created the role of a teacher leader to: work with a student teacher and a teacher who supervises a student teacher; assist with the tr…

53E-6-903. STEM education endorsements and incentive program. (1) As used in this section, "STEM" means science, technology, engineering, and mathematics. (2) The state board shall: develop STEM education endorsements; and create and implement financial incentives for: an educato…

53E-7-101. Title. This chapter is known as "Special Education."

53E-7-201. Definitions. As used in this part: (1) "Child with a disability" means the same as that term is defined in 34 C.F.R. Sec. 300.8. (2) "Due process hearing" means an administrative due process hearing authorized by 20 U.S.C. Sec. 1415. (3) "IEP team" means the same as th…

53E-7-202. Free appropriate public education for eligible students. An eligible student who has not received a regular high school diploma is entitled to a free appropriate public education.

53E-7-204. State board special education authority and duties -- Rulemaking. (1) The state board shall have general control and supervision over LEA special education programs in the state for eligible students. (2) A program described in Subsectionshall comply with state board r…

53E-7-206. Special education funding. In accordance with, state board rule, and other applicable law, the state board shall administer the payment of restricted state and federal funds to an LEA to provide special education to an eligible student.

53E-7-207. Local education agency special education duty and authority. (1) An LEA shall, at no cost to the eligible student, provide a full continuum of special education services and placements to an eligible student enrolled at the LEA. (2) As determined by an eligible student…

53E-7-208. Special education dispute resolution -- Rulemaking -- Due process hearing -- Right to appeal. (1) In accordance with this section, the state board shall make rules that: allow for a prompt, fair, and final resolution of a dispute that arises over the provision of speci…

53E-7-209. Use of state special education funds. (1) An LEA may use state special education funds to: provide an LEA special education program and specially designed instruction and related services and supports to an eligible student in the least restrictive environment; employ …

53E-7-210. Boundary change notice requirement. (1) As used in this section: "Boundary change" means any change to the geographic boundary or school assignment that affects the location of an eligible student's special class. "Special class" means a placement on the continuum of a…

53E-7-401. Definitions. As used in this part: (1) "The Carson Smith Opportunity Scholarship Program" or "program" means the program established in Section. 53E-7-402 (2) "Eligible student" means a student who: is: eligible to participate in public school, in kindergarten, or grad…

53E-7-402. Carson Smith Opportunity Scholarship Program. (1) There is established the Carson Smith Opportunity Scholarship Program under which a parent may apply to a scholarship granting organization on behalf of the parent's student for a scholarship to help cover the cost of a…

53E-7-403. Qualifying school and qualifying provider requirements. (1) A qualifying school or qualifying provider shall: notify a scholarship granting organization of the qualifying school's or qualifying provider's intention to participate in the program; submit evidence to the …

53E-7-404. State board duties. (1) The state board shall: publish on the state board's website: information about the program; and information about each scholarship granting organization; conduct a financial review or audit of a scholarship granting organization, if the state bo…

53E-7-405. Program donations -- Scholarship granting organization requirements -- Legislative appropriations. (1) A person that makes a donation to a scholarship granting organization to help fund scholarships through the program may be eligible to receive a nonrefundable tax cre…

53E-7-406. Qualifying school or qualifying provider regulatory autonomy -- Home school autonomy -- Student records -- Scholarship student status. (1) Nothing in this part: except as expressly described in this part, grants additional authority to any state agency or LEA to regula…

53E-7-407. Tax credit certificates issued by a scholarship granting organization. (1) In accordance with this section, a scholarship granting organization shall provide a tax credit certificate, on a form provided by the State Tax Commission, to a person that makes a donation as …

53E-7-408. Eligible private schools. (1) To be eligible to receive scholarship funds on behalf of a scholarship student as an eligible school, a private school shall: have a physical location in the state where the scholarship students attend classes and have direct contact with …

53E-7-408.5. Eligible service provider. (1) To be an eligible service provider, a private program or service: shall provide to the scholarship granting organization: a federal employer identification number; the provider's address and contact information; a description of each pr…

53E-7-409. Public Education Appropriations Subcommittee to conduct feasibility study. The Public Education Appropriations Subcommittee shall: (1) study the feasibility of combining the program with the Carson Smith Scholarship Program created in Section; 53F-4-302 (2) prepare a w…

53E-7-410. Background checks for scholarship granting organizations -- State board responsibilities -- Bureau responsibilities -- Fees. (1) As used in this section: "Applicant" means an employee or officer of a scholarship granting organization. "Bureau" means the Bureau of Crimi…

53E-8-102. Definitions. As used in this chapter: (1) "Advisory council" means the Advisory Council for the Utah Schools for the Deaf and the Blind described in Section. 53E-8-206 (2) "Alternate format" includes braille, audio, digital text, or large print. (3) "Associate superint…

53E-8-201. Utah Schools for the Deaf and the Blind created -- Designated LEA -- Services statewide. (1) The Utah Schools for the Deaf and the Blind is created as an agency of the state board and a single public school agency under a statewide, multi-campus model that includes: th…

53E-8-202. Corporate powers -- Property -- Establishment of a foundation. (1) The Utah Schools for the Deaf and the Blind is a subdivision of the state board. (2) The state board, on behalf of the Utah Schools for the Deaf and the Blind, may: sue and be sued; contract and be cont…

53E-8-203. Applicability of statutes to the Utah Schools for the Deaf and the Blind. (1) The Utah Schools for the Deaf and the Blind is subject to this public education code and other state laws applicable to public schools, except as otherwise provided by this chapter. (2) The f…

53E-8-204. Authority of the state board -- Rulemaking -- Superintendent -- Advisory council. (1) The state board is the governing board of the Utah Schools for the Deaf and the Blind. The state board shall, as the state board determines necessary, establish committees, policies, …

53E-8-205. Capital facilities. (1) The state board has responsibility, in coordination with the Division of Facilities Construction and Management, for the long-term planning, development, and oversight of capital facilities for the Utah Schools for the Deaf and the Blind. (2) Th…

53E-8-206. Advisory council. (1) The following individuals comprise the advisory council of the Utah Schools for the Deaf and the Blind: the following members whom the state board appoints: two members who are blind; two members who are deaf; two members who are deafblind or pare…

53E-8-207. Student count -- Data -- Reporting. (1) The Utah Schools for the Deaf and the Blind shall: on October 1 of each year, determine the number of students: for whom the Utah Schools for the Deaf and the Blind serves as the student's designated LEA under Subsection, further…

53E-8-301. Educators exempt from Division of Human Resource Management rules -- Collective bargaining agreement. (1) Educators employed by the Utah Schools for the Deaf and the Blind are exempt from mandatory compliance with rules of the Division of Human Resource Management. (2)…

53E-8-302. Annual salary adjustments for educators. (1) In accordance with Section, the Legislature shall appropriate money to the state board for the salary adjustments described in this section. 53F-7-301 (2) The state board shall include in its annual budget request for the Ut…

53E-8-401. Eligibility for services of the Utah Schools for the Deaf and the Blind. (1) Except as provided in Subsections, (4), and (5), an individual is eligible to receive services of the Utah Schools for the Deaf and the Blind: (3) within the individual's LEA if the individual…

53E-8-402. Entrance policies and procedures. With input from the Utah Schools for the Deaf and the Blind, school districts, parents, and the advisory council, the state board shall establish entrance policies and procedures that IEP teams and Section 504 teams are to consider in …