§ 53A-15-301. Education programs for students with disabilities -- Supervision by the State Board of Education -- Enforcement.

(1)

(a) All students with disabilities, who are between the ages of three and 22 and have not graduated from high school with a regular diploma, are entitled to a free, appropriate public education.

(b) For purposes of Subsection (1)(a), if a student with a disability turns 22 during the school year, the entitlement extends to the:

(i) beginning of the school's winter holiday for those who turn 22 on or after the beginning of the school year and before December 31; and

(ii) end of the school year for those who turn 22 after December 31 and before the end of the school year.

(c) The State Board of Education shall adopt rules consistent with applicable state and federal law to implement this chapter.

(2) The rules adopted by the state board shall include the following:

(a) appropriate and timely identification of students with disabilities;

(b) diagnosis, evaluation, and classification by qualified personnel;

(c) standards for classes and services;

(d) provision for multidistrict programs;

(e) provision for delivery of service responsibilities;

(f) certification and qualifications for instructional staff; and

(g) services for dual enrollment students attending public school on a part-time basis under Section 53A-11-102.5.

(3)

(a) The state board shall have general control and supervision over all educational programs for students within the state who have disabilities.

(b) Those programs must comply with rules adopted by the state board under this section.

(4) The state superintendent of public instruction shall enforce this chapter.

Amended by Chapter 82, 2002 General Session