Special Education Policies
1. GENERAL PROVISIONS.
A. POLICIES AND PROCEDURES.
Legacy Preparatory Academy, in providing for the education of students with
disabilities enrolled in its school, has in effect policies, procedures, and
programs that are consistent with the Utah State Board of Education Special
Education Rules (USBE SER) and are as described in this Policies and
1. Charter School. ESEA/ESSA Section 4310; UCA 53A-1a-507. The term
“charter school” means a public school that functions as a Local Education
Agency (LEA) in accordance with a specific State statute authorizing the
granting of charters to schools and:
a. Is exempt from significant State or local rules that inhibit the flexible
operation and management of public schools, but not from any rules
relating to the other requirements of the ESEA/ESSA;
b. Is created by a developer as a public school, or is adapted by a
developer from an existing public school, and is operated under public
supervision and direction;
c. Operates in pursuit of a specific set of educational objectives
determined by the school’s developer and agreed to by the authorized
public chartering agency;
d. Provides a program of elementary or secondary education, or both;
e. Is nonsectarian in its programs, admissions policies, employment
practices, and all other operations, and is not affiliated with a sectarian
school or religious institution;
f. Does not charge tuition;
g. Complies with the Age Discrimination Act of 1975, Title VI of the Civil
Rights Act of 1964, Title IX of the Education Amendments of 1972,
Section 504 of the Rehabilitation Act of 1973, the Americans with
Disabilities Act of 1990 (U.S.C. 12101 et seq.), Section 444 of the
General Education Provisions Act (U.S.C. 1232g) (commonly referred
to as the “Family Educational Rights and Privacy Act of 1974”), and
Part B of the Individuals with Disabilities Education Act (IDEA);
h. Is a school to which parent(s) choose to send their students, and that
admits students on the basis of a lottery consistent with Section
4310(2)(G), if more students apply for admission than can be
accommodated or in the case of a school that has an affiliated charter
school (such as a school that is part of the same network of schools),
automatically enrolls students who are enrolled in the immediate prior
grade level of the affiliated charter school and, for any additional
student openings or student openings created through regular attrition
in student enrollment in the affiliated charter school and the enrolling
school, admits students on the basis of a lottery as described above;
i. Agrees to comply with the same Federal and State audit requirements
as do other elementary schools and secondary schools in the State,
unless such requirements are specifically waived for the purpose of this
j. Meets all applicable Federal, State, and local health and safety
k. Operates in accordance with State law; and
l. Has a written performance contract with the authorized public
chartering agency in the State that includes a description of how
student performance will be measured in charter schools pursuant to
State assessments that are required of other schools and pursuant to
any other assessments mutually agreeable to the authorized public
chartering agency and the charter school.
definitions as found in USBE SER I.E.1–49.
Legacy Preparatory Academy provides detailed budget information and budget
categories in its annual application for IDEA Part B funding submitted to the
Utah State Board of Education (USBE). 34 CFR §300.301-376; USBE SER
Students are admitted to Legacy Preparatory Academy based solely on the
lottery and other requirements under the Utah Code and the USBE
Administrative Rules for Charter Schools, and without restrictions due to race,
color, gender, national origin, disability status, or religion. Assurances with
regard to compliance with IDEA Part A and Part B, as well as the National
Instructional Materials Accessibility Standard, and compliance with other
Federal laws including “New Restrictions on Lobbying, “Debarment,
Suspension, and Other Responsibility Matters,” and the Drug-Free Workplace
Act of 1988 are submitted to the USBE annually with the application for IDEA
Part B funding.
Legacy Preparatory Academy has two campuses, serving grades K-9. The
South Campus is located at 1375 N Center Street in North Salt Lake, Utah and
serves students in grades K-4. The North Campus, located at 2214 S. 1250 W.
Woods Cross, serves students in grades 5-9. The Utah Core Curriculum is the
foundation for the curriculum in all grade levels, with basal and supplementary
materials used for daily instruction in classrooms.
LPA builds the foundation of knowledge and critical thinking skills necessary for
children to become independent learners for life. Our mission is to: Provide
classically-based curriculum that is thorough and challenging, integrate fine arts
to enhance learning, teach the value of public virtue to promote respect, engage
parents as real partners to share in enriching student education to honor each
child as an individual, and foster their innate curiosity and desire to learn.
The cornerstone of LPA’s academic curricula lies in the school-wide
implementation of the Core Knowledge Sequence. E.D. Hirsch, Jr., the creator
of the Core Knowledge Sequence, writes: “Core Knowledge is an attempt to
define, in a coherent and sequential way, a body of widely used knowledge
taken for granted by competent writers and speakers in the United States.
Because this knowledge is taken for granted rather than being explained when
it is used, it forms a necessary foundation for the higher-order reading, writing,
and thinking skills that children need for academic and vocational success.”
Each grade level has an accompanying scope and sequence manual from
which the grade level teachers base their daily lesson plans. This inclusive
outline for the year allows our teachers to focus on methodologies,
differentiating instruction and organizing coherent engaging lesson plans, rather
than searching for relevant content. With the year’s scope and sequence laid
out before them, our teachers are at liberty to create lessons that communicate
high expectations while accounting for students’ different ways of learning,
knowing, and expressing ideas.
All students at LPA are regularly assessed and monitored to provide feedback
to our teachers and instructors who in turn make sound instructional decisions
based on valid and reliable data. We use this data to create small
achievement-based instruction groups in the areas of math and reading. The
students are in general education classrooms with same-age peers for more
than half of the instructional time (science, history, language arts, fine arts, P.E.,
etc.). This way, we are able to provide each child the opportunity to achieve in
the individual’s zone of proximal development. The groups are fluid and
responsive to assessment data and stakeholder judgment. Grade level teams
meet weekly to discuss student progress and to propose structured
interventions as needed. School administration are available at these meetings
to contribute specialized knowledge as well.
In these groups, reading and math are presented to students using research based
programs. All teachers and instructors in the elementary grades are
trained extensively in the art of Direct Instruction and the specific programs they
will be implementing with fidelity each day. These research-based programs
include structured data collection and reliable assessment tools for teachers
and instructors to monitor progress and drive future instruction. This is yet
another way to give our teachers the tools they need to focus on the building up
of students to be enthusiastic, lifelong learners.
The three-tier model of academic and behavioral interventions is an integral
organizational structure at LPA. We are continually evaluating and adjusting
our practices in order to provide optimal learning experiences for all students.
The small reading and math groups discussed earlier function as tiers in this
framework due to the ongoing assessment and intervention process built into
programs like Corrective Reading, Reading Mastery, Math in Focus, and
College Preparatory Mathematics. Again, grade level teams meet weekly to
discuss group placements, learners experiencing difficulty, provide feedback
and ideas for interventions (academic and behavioral) and collaborate as peers
to make sound data-based decisions in order to maximize learning and growth
for all students.
Fine arts are emphasized at LPA in recognition that the arts enhance learning in
students’ ability to create, think, and reason. All students in kindergarten
through 4th grade take general music and art classes. Students in 5th through
9th grades have the opportunity to pursue music, art, drama, and dance in
greater depth. Bi-yearly, students perform for the school and parents. This
celebration of learning is reflective of LPA’s high expectations for all learners
and our deeply held belief that there are a multitude of ways to learn and to
express knowledge and ideas.
Parents are integral to the learning community at LPA. Families commit to 40
volunteer hours per school year when a student is enrolled at LPA. On a typical
day, there are a number of parents in the building providing support to students,
teachers, staff, and administration. School picnics, carnivals, filed trips, and
fundraising events are always packed and humming with the enthusiasm of the
USBE SER I.E.17.
1. Legacy Preparatory Academy follows the requirements of Charter Schools
and Their Students. USBE SER III.O.
a. Students with disabilities ages five through 21 who attend public charter
schools and their parent(s)s retain all rights under Part B of the IDEA
and the USBE SER.
b. Legacy Preparatory Academy is an LEA that receives funding under
Part B, and is responsible for ensuring that all of the requirements of
Part B of the IDEA and these Rules are met.
c. Legacy Preparatory Academy, a public charter school, provides a Free
Appropriate Public Education (FAPE) to all eligible students with
disabilities in conformity with the requirements of the Utah State Board
of Education Special Education Rules (USBE SER) and the United
States Department of Education Final Regulations for the Individuals
with Disabilities Education Act of 2004 (IDEA) August 2006 and its
revisions of December 2008.
special education and related services that:
a. Are provided at public expense, under public supervision and direction,
and without charge;
b. Meet the standards of the USBE and Part B of the IDEA;
c. Include elementary school and secondary school education in charter
schools in Utah; and
d. Are provided in conformity with an Individualized Education Program
(IEP) that meets the requirements of Part B of the IDEA and these
Legacy Preparatory Academy hereby affirms the goal of providing a full
educational opportunity to all students with disabilities determined eligible for
special education or special education and related services under the IDEA and
the USBE SER, of the ages served by the Charter School between five and 22,
and in accordance with all of the timeline requirements of the IDEA with respect
to the identification, location, evaluation, and provision of a FAPE.
II. IDENTIFICATION, LOCATION, AND EVALUATION OF STUDENTS SUSPECTED
OF HAVING DISABILITIES.
A.CHILD FIND. 34 CFR §§300.101, 111; USBE SER II.A.
Legacy Preparatory Academy has policies and procedures to ensure that all
students with disabilities enrolled in the school, including students who are
highly mobile, students who have been suspended or expelled from school,
students who have not graduated from high school with a regular high school
diploma, and those who are suspected of being a student with a disability and
who are in need of special education or special education and related services
even though they are advancing from grade to grade, students in State
custody/care, students in nursing homes, and regardless of the severity of the
disability, are identified, located, and evaluated. This includes a practical
method for determining which students are currently receiving needed special
education or special education and related services.
B. CHILD FIND PROCEDURES. 34 CFR §§300.131; USBE SER II.A.4.
Legacy Preparatory Academy conducts the following procedures to ensure that
students suspected of having a disability are identified and located:
1. Finding students who have been receiving needed special education or
special education and related services.
a. The enrollment application includes questions about whether a student
has received special education or special education and related
services in the previous school or educational program.
b. Parents are asked during registration if the students received any
services beyond the regular program in the previous school, and if
parents respond in the affirmative, contact is made with the previous
school to locate the special education records.
c. Legacy Preparatory Academy follows all the procedures detailed on the
In-State and Out-of-State Transfer Student Checklists on the USBE
website. USBE SER III.C.
2. In identifying and locating students who are suspected of having a disability
and have not been previously identified or determined eligible for special
education or special education and related services, Legacy Preparatory
Academy implements the following procedures:
a. Annual training of all staff on the Child Find obligation and on
awareness of observed academic or social/emotional behaviors that
might suggest a suspected disability.
b. Notice in a student or parent handbook and on Legacy Preparatory
Academy website of the referral procedures and of the availability of
services for eligible students with disabilities.
c. If a parent or staff member is concerned about a student in a grade
below or above the grade levels served by the Charter School, or
younger or older than the students served by the Charter School, the
parent or staff member is referred to the school district of the student’s
4. Legacy Preparatory Academy does not refer its own students to the local
school district for Child Find.
When parent(s), adult student, or school staff member suspects a student
may have a disability, the following referral procedure is implemented:
a. Teachers document results of classroom instruction and intervention
and submit to a Student Support Team (SST), which includes a general
Note: Pre-referral interventions or a Response to Intervention system
are not used to delay an evaluation for eligibility when a staff member
or parent(s) requests an evaluation.
b. The person making the referral/request for initial evaluation completes a
referral form. If school personnel are making the referral,
documentation of contacts with the parents about the concerns
regarding the student’s educational performance is included.
c. The referral form is given to the School Director or Special Education
Director, who reviews existing data (including results of any
interventions attempted and the Student Support Team
recommendations) on the student and determines if the referral should
go forward for a full evaluation.
(1) If it is decided that the evaluation should take place, the Charter
School or Special Education Director assigns a staff member to
oversee/conduct the evaluation, including obtaining the parental
(2) If the referral is not going to result in a full evaluation, the Charter
School or Special Education Director sends the parent a Written
Prior Notice of Refusal to take the action of conducting an
within a reasonable timeframe.
Note: Each school district and charter school shall provide an initial
special education assessment for children who enter the custody of the
Division of Child and Family Services (DCFS), upon request by that
division, for students whose school records indicate that they may have
disabilities requiring special education services. This assessment shall
be conducted within 30 calendar days of the request by DCFS. 53A-15-
1. Parental Consent. 34 CFR §300.300; USBE SER II.C.
Prior to initiating a full and complete individual evaluation, Written Prior
Notice (WPN) and consent from the parent(s) of the student or the adult
student is required and obtained.
a. The consent informs the parent(s) that the evaluation is being proposed
because the student is suspected of having a disability that adversely
affects the student’s educational performance and that the student may
be eligible for special education or special education and related
b. The consent indicates the areas in which the evaluation team will
conduct tests or utilize other assessment tools or methods with the
c. Reasonable efforts to obtain parental consent are made and
documented by the Charter School.
d. For initial evaluations only, if the student is a ward of the State and is
not residing with the student’s parent(s), the Charter School is not
required to obtain informed consent from the parent if, despite
reasonable efforts to do so, the Charter School cannot discover the
whereabouts of the parent(s); the rights of the parent(s) of the student
have been terminated in accordance with State law; or the rights of the
parents to make educational decisions have been subrogated by a
judge in accordance with State law and consent for an initial evaluation
has been given by an individual appointed to represent the student.
e. If the parent(s) of a student or an adult student enrolled in public school
or seeking to be enrolled in public school does not provide consent for
initial evaluation, or fails to respond to a request to provide consent, the
Charter School may, but is not required to, pursue the initial evaluation
of the student by utilizing the Procedural Safeguards or the due process
procedures in the USBE SER IV.I-P. The Charter School does not
violate its obligation under Child Find provisions of USBE SER IV if it
declines to pursue the evaluation by utilizing the Procedural Safeguards
or the due process procedures.
2. When conducting psychological evaluations, Legacy Preparatory Academy
implements the parental consent requirements of UCA 53A-13-302 (Utah
3. Parental consent is not required before administering a test or other
evaluation that is given to all students (unless consent is required for all
students) or before conducting a review of existing data.
4. Written Prior Notice. 34 CFR §300.503; USBE SER IV.D.
The parent(s) of the student is given Written Prior Notice (WPN) that the
evaluation will be conducted. (See Section IV.C of this Policy and
Procedures Manual for required components of Written Prior Notice.)
Written Prior Notice is embedded in Legacy Preparatory Academy Consent
for Evaluation form.
5. Parental consent for evaluation is not construed as consent to provide
special education or special education and related services.
6. Legacy Preparatory Academy does not use parent(s)’s refusal to consent to
one service or activity to deny the parent(s) or student any other service,
benefit, or activity of the Charter School.
7. Initial Evaluation. 34 CFR §300.301; USBE SER II.D.
a. When the signed parental consent or refusal of consent for evaluation is
received at the school, the school secretary or special education
teacher writes the date it was received on the form. If parental consent
is obtained, this date documents the beginning of the timeline for the
b. The Charter School completes all initial evaluations within 45 school
days of receiving the consent, unless the initial evaluation was
requested by DCFS, in which case it is conducted within 30 calendar
days. UCA 53A-15.304.5. The 45 school day timeline does not apply if
the parent(s) fails to produce the student for the evaluation or the adult
student repeatedly fails or refuses to participate in evaluation activities.
c. If the student enrolls in the Charter School after the timeframe has
started in a previous LEA, the Charter School must make sufficient
progress to ensure prompt compliance in accordance with a written
agreement with the parent(s) as to when the evaluation will be
a. Review of Existing Data.
When conducting an initial evaluation (when appropriate), the assigned
case manager gathers existing data about the student’s educational
performance for the evaluation team to consider. This may include
student records of grades, courses completed, statewide test results,
school-wide test results, classroom assessments, teacher interviews,
parent(s) input, observations, notes in the student’s cumulative file, and
other available information.
b. Administration of Additional Assessments.
Legacy Preparatory Academy uses a variety of assessment tools to
gather relevant functional, developmental, and academic information
about the student as part of a full and individual initial evaluation, as
indicated on the Consent for Evaluation form. This information may
assist the Eligibility Team in determining whether the student is a
student with a disability. Also, the information informs the IEP Team of
the student’s educational needs, including information relating to
enabling the student to be involved in and make progress in the general
education curriculum. Finally, the information supports the development
of the contents of the IEP.
c. The administration of the assessments follows all of the requirements of
USBE SER II.F including:
(1) Use of more than one procedure, assessment, and other evaluation
materials tailored to assess specific areas of educational need and
not merely those that are designed to provide a single general
(2) Use of technically sound instruments that may assess the relative
contribution of cognitive and behavioral factors in addition to
physical or developmental factors and consider the publication date
and continued validity of assessments in use when new editions
(3) Selection of tools which are not discriminatory on a racial or cultural
(4) Administration in student’s native language or other mode of
communication, and in the form most likely to yield accurate
information on what the student knows and can do academically,
developmentally, and functionally, unless it is clearly not feasible to
(5) Administration of assessments to address specific areas of concern
identified by the evaluation team including the parent(s);
(6) Use of assessments for the purposes intended and in accordance
with the publisher’s administration standards;
(7) Selection, administration, and interpretation by trained and
knowledgeable personnel in accordance with any instructions and
administrator requirements provided by the producer of the
assessments and the Standards for Educational and Psychological
Testing (AERA, ACA, NCME, 2014);
(8) Administration of psychological testing and evaluation of personal
characteristics, such as IQ, personality, abilities, interests,
aptitudes, and neuropsychological functioning only by personnel
who have been trained and fully meet the administrator/use/
interpreter qualifications of the test publisher;
(9) Charter school assurance and documentation that all evaluators
meet the assessment publisher’s administrator/interpreter/user
requirements for all assessments (e.g. appropriate degree, higher
education coursework in tests and measures, and supervised
(10)Use of tools that assess what they purport to measure and not just
the student’s disability;
(11)Assessment in all areas related to the student’s suspected
(12)Comprehensive assessment, not just in areas commonly
associated with a specific disability.
d. Specific Categorical Evaluation Requirements.
Evaluations for students suspected of having a disability in each of the
13 areas of disability include the requirements for evaluation
procedures and assessment of student performance in specific areas
identified in USBE SER II.J.1–13.
9. Legacy Preparatory Academy contacts the Utah Schools for the Deaf and
Blind for assistance with administering and appropriately interpreting
assessments for students with visual and/or hearing impairments. USBE
1. Legacy Preparatory Academy conducts a reevaluation of each student with
a disability when the educational or related services needs, including
improved academic achievement and functional performance of a student,
warrant a reevaluation; or if the student’s parent(s), adult student, or
teacher requests a reevaluation.
2. A reevaluation may not occur more than once a year, unless the parent(s)
and Legacy Preparatory Academy agree otherwise.
3. A reevaluation must occur at least once every three years, unless the
parent(s) and Legacy Preparatory Academy agree that a reevaluation is
unnecessary as there are data available to continue eligibility and
determine the educational needs of the student.
4. When the parent(s) and Legacy Preparatory Academy agree that a
reevaluation is unnecessary, the team must document data reviewed and
used in an evaluation report and complete an eligibility determination
5. Parental consent for reevaluations.
a. Legacy Preparatory Academy obtains informed parental consent prior
to conducting any reevaluation of a student with a disability, if the
reevaluation includes the administration of additional assessments to
b. If the parent(s) refuses to consent to the reevaluation, Legacy
Preparatory Academy may, but is not required to, pursue the
reevaluation by using the dispute resolution procedures provided in the
Procedural Safeguards, including mediation or due process procedures.
c. The reevaluation may be conducted without parental consent if the
school can demonstrate that it made reasonable attempts to obtain
such consent and the student’s parent(s) has failed to respond. A
written record of the attempts is maintained in the student’s special
1. 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. This
review may be conducted without a formal meeting. The special education
teacher/case manager may review and discuss the existing data with team
members and the parent(s) individually. Existing data may include
evaluations and information provided by the parent(s) of the student; the
student; current classroom-based, local, or State assessments; classroombased
observations; observations by teachers and related services
providers; grades; attendance; and other information regarding the
student’s current educational performance.
2. The IEP Team and appropriate other qualified professionals, based on their
data review and input from the student’s parent(s) or the adult student,
identifies what additional data, if any, are needed to determine whether the
student is or continues to be a student with a disability and the educational
needs of the student, and
a. The present levels of academic achievement and related
developmental needs of the student;
b. Whether the student needs special education or special education and
related services; or, in the case of a reevaluation of a student, whether
the student continues to need special education or special education
and related services; and
c. Whether any additions or modifications to the special education or
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
3. If the IEP Team and other qualified professionals, as appropriate, determine
that no additional data are needed to determine continuing eligibility and
student needs, the parent(s) is given Written Prior Notice of that decision
and of their right to request additional assessment.
a. Legacy Preparatory Academy then prepares a new Evaluation
Summary Report, including new and previous data as appropriate, and
sends a Notice of Meeting for Eligibility Determination.
b. At the Eligibility Team meeting, a new Eligibility Determination form is
completed and signed by the participating Team members, and the
parent(s) is given Written Prior Notice of that determination along with a
copy of the Evaluation Summary Report and the Eligibility
Determination documents. Written Prior Notice is embedded in the
Eligibility Determination document.
Legacy Preparatory Academy obtains written parental consent for
evaluation and then completes the assessment in the areas of educational
a. When the additional assessment is completed, the Charter School then
prepares a new Evaluation Summary Report, including new and
previous data as appropriate, and sends a Notice of Meeting for
b. At that meeting, a new Eligibility Determination form is completed and
signed by the Team to indicate participation in the meeting, and the
parent(s) is given Written Prior Notice of that determination along with a
copy of the Evaluation Summary Report and the Eligibility
Determination documents. Written Prior Notice is embedded in the
Eligibility Determination document.
a. Legacy Preparatory Academy evaluates students with disabilities
before determining that students are no longer eligible for special
education or special education and related services. However, an
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 the student’s reaching age 22, as provided under State law.
b. 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, Legacy
Preparatory Academy provides the student with a summary of the
student’s academic achievement and functional performance, including
recommendations on how to assist the student in meeting the student’s
1. An initial evaluation must be completed within 45 school days of the date
the school receives parental consent for the evaluation.
2. Upon completion of the evaluation or reevaluation, the IEP Team and other
appropriate professionals determine eligibility within a reasonable time.
3. A reevaluation:
a. May not be conducted more than once a year, unless the parent(s) and
the LEA agree otherwise; and
b. Must occur at least once every three years, unless the parent(s) and
the LEA agree that a reevaluation is unnecessary.
- Notice of Meeting.
Upon completion of the evaluation, the special education teacher or case
manager arranges a meeting of the Eligibility Team at a mutually agreeable
time and place. A Notice of Meeting will be sent to the parent(s) and other
members of the Team stating the meeting purposes, time, place, who is
expected to be in attendance, and informing the parent(s) that they may
bring others who have knowledge or special expertise about the student to
2. Evaluation Summary Report.
The special education case manager collects all of the results of the
evaluation, and writes a summary report of the evaluation information. This
Evaluation Summary Report is included in Legacy Preparatory Academy’s
Eligibility Determination document for each disability category.
The Eligibility Team shall include a group of qualified professionals and the
parent(s). In Legacy Preparatory Academy, this may include the special
education teacher, regular education teacher, speech-language pathologist,
school psychologist, occupational therapist, physical therapist, a
representative of the LEA, and others who have conducted parts of the
evaluation, as appropriate.
Legacy Preparatory Academy has adopted the definitions, evaluation
requirements, and eligibility criteria in USBE SER.II.J.1–13.
Legacy Preparatory Academy has selected the Combination method of
determining whether a student has a Specific Learning Disability. 34 CFR
The determination of whether a student suspected of having a specific
learning disability is a student with a disability must be made by the
student’s parent(s) and a team of qualified professionals, including:
(2) If the student does not have a regular teacher, a regular classroom
teacher qualified to teach a student of the student’s age; and
(3) At least one person qualified as defined by the examiner
qualifications outlined in the administration manual of each of the
specific diagnostic examinations to conduct individual diagnostic
examinations of students and interpret the results of those
assessments (as per the administration assessment criteria), such
as a school psychologist, speech/language pathologist, reading
teacher or reading specialist, or special education teacher.
b. Determining the existence of a specific learning disability. 34 CFR
The team described may determine that a student has a specific
learning disability if:
(1) The student does not achieve adequately for the student’s age or to
meet State-approved grade-level standards, when provided with
learning experiences and instruction appropriate for the student’s
age or State-approved grade-level standards, in one or more of the
(a) Oral expression;
(b) Listening comprehension;
(c) Written expression;
(d) Basic reading skills;
(e) Reading fluency skills;
(f) Reading comprehension;
(g) Mathematics calculation;
(h) Mathematics problem solving; and
(2) For the combination method, the student meets the requirements of:
(a) Response to Intervention (RtI) Method.
The student does not make sufficient progress to meet age or
State-approved grade-level standards in one or more of the
areas identified above when using a process based on the
student’s response to scientific, research-based intervention
(The team must refer to the USBE Specific Learning Disability
Eligibility Guidelines when using this method.); and
(b) Discrepancy Method.
The student’s scores demonstrate that a severe discrepancy
exists between the student’s intellectual ability and
achievement in one or more of the areas of specific learning
disability listed above.
special education and related services. 34 CFR §300.8(a).
and cannot rely on any single procedure as the sole criterion.
specific learning disability is not due to lack of appropriate instruction in
reading or math, the group must consider, as part of the evaluation:
(1) Data that demonstrate that prior to, or as a part of, the referral
process, the student was provided appropriate instruction in regular
education settings, delivered by qualified personnel; and
(2) Data-based documentation of repeated assessments of
achievement at reasonable intervals, reflecting formal assessment
of student progress during instruction, which was provided to the
evaluate the student to determine whether the student is a student with
a disability and needs special education or special education and
related services, and must adhere to the 45-school-day evaluation
timeframe, unless extended by mutual written agreement of the
student’s parent(s) and a group of qualified professionals:
(1) If, prior to a referral, a student has not made adequate progress
after an appropriate period of time as determined by the Charter
School when provided appropriate instruction, and
(2) Whenever a student is referred for an evaluation.
Legacy Preparatory Academy ensures that the student is observed in
the student’s learning environment (including the regular classroom
setting) to document the student’s academic performance and behavior
in the areas of difficulty.
(a) Use information from an observation in routine classroom
instruction and monitoring of the student’s performance that
was done before the student was referred for an evaluation; or
(b) Have at least one member of the team conduct an observation
of the student’s academic performance in the regular classroom
after the student has been referred for an evaluation and
parental consent or consent of the adult student is obtained.
(c) In the case of a student who is out of school, a group member
must observe the student in an environment appropriate for a student of that age.
The team’s documentation of the determination of eligibility with a
specific learning disability must contain a statement of:
student and the relationship of that behavior to the student’s
(5) Whether the student meets the criteria for both the Response to
Intervention and Discrepancy methods below:
(a) Response to Intervention (RtI) Method. 34 CFR §300.311(a)(7);
USBE SER II.J.10.c.(5)(f).
Legacy Preparatory Academy has a process that assesses a
student’s response to scientific, research-based intervention as
part of determining if the student has a specific learning
disability. This process includes:
qualified staff in the general education setting; and
includes universal screening and progress-monitoring; and
iii. Multiple tiers of evidence-based interventions to address
individual student difficulties; and
family involvement and communication as well as
(A) The State’s policies regarding the amount and nature
of student performance data that are collected and the
general education services that are provided (The team
refers to the USBE Specific Learning Disability
Eligibility Guidelines when using this method.);
(B) Strategies for increasing the student’s rate of learning;
(C) The parent(s)’ or the adult student’s right to request an
management systems, coaching and collaboration,
professional development, and measures of fidelity) in
place to ensure effective implementation; or
data collected; AND
(b) Discrepancy Method. 34 CFR §300.311; USBE SER
Legacy Preparatory Academy uses a severe discrepancy
between the student’s achievement and intellectual ability as
part of its process to determine if the student has a specific
learning disability, and the team documents:
(c) The student’s performance on a standardized, normreferenced,
individually administered achievement measure in
the area of the suspected disability, and
(d) That the student scored above the intellectual disability range
on a standardized, norm-referenced, individually administered
measure of intellectual ability, and
achievement and intellectual ability using local board approved
and USBE staff-reviewed discrepancy analysis
analysis and the team’s determination of whether or not it
represents a severe discrepancy.
hearing or motor disability; intellectual disability; emotional disturbance;
cultural factors; environmental or economic disadvantage; or limited
English proficiency on the student’s achievement level.
member’s conclusion. 34 CFR §300.311(b). If it does not reflect the
member’s conclusion, the team member submits a separate statement
presenting the member’s conclusions.
Eligibility Team determines:
(1) Whether the student has a disability that adversely affects his
educational performance, and
(2) Whether the student requires special education or special
education and related services.
Special education is defined as specially designed instruction to
meet the unique needs of a student with a disability and may
include related services if they meet the definition of special
education. Special education services are services provided to the
student and do not include consultation between teacher or
monitoring a student’s grades or work completion. 34 CFR §300.39;
USBE SER I.E.43.
Specially designed instruction is adapting, as appropriate to the
needs of an eligible student, the content, methodology, or delivery
of instruction to address the unique needs of the student that result
from the student’s disability, and to ensure access of the student to
the general curriculum, so that the student can meet educational
standards of the Charter School that apply to all students. 34 CFR
determinant factor is:
(1) Lack of appropriate instruction in reading, including the essential
components of reading instruction (phonemic awareness,
alphabetic principle, vocabulary, comprehension, and fluency);
(2) Lack of appropriate instruction in math; or
(3) Limited English proficiency; and
(4) If the student does not otherwise meet the eligibility criteria.
In interpreting evaluation data for the purpose of determining if a
student is a student with a disability and the educational needs of the
student, Legacy Preparatory Academy:
(1) Draws upon information from a variety of sources, such as aptitude
and achievement tests, parent(s) input, teacher recommendations,
physical condition, social or cultural background, and adaptive
(2) Ensures that information obtained from all of these sources is
documented and carefully considered.
Evaluation Summary Report and Written Prior Notice of Eligibility
Determination” form with signatures of team members.
e. The parent(s) is provided with a copy of the Team Evaluation Summary
Report and Written Prior Notice of Eligibility Determination document(s).
before determining that the student is no longer an eligible student with
eligibility due to graduation from secondary school with a regular high
school diploma, or due to exceeding the age of eligibility for FAPE
under Utah law (i.e., age 22).
secondary school with a regular diploma, or due to exceeding the age
of eligibility for FAPE under Utah law, Legacy Preparatory Academy
provides the student with a summary of the student’s academic
achievement and functional performance, which includes
recommendations on how to assist the student in meeting the student’s
III. IEP DEVELOPMENT AND SERVICE DELIVERY.
Legacy Preparatory Academy implements the following policies and procedures to
address the IEP requirements of USBE SER III.A–V.
Preparatory Academy assigns a special education teacher/case manager
who arranges a meeting of the IEP Team to develop an IEP at a place and
time that is mutually agreed-on by the parent(s) and the Charter School.
stating the purpose(s), time, place, who is expected to be in attendance,
and explaining that the parent(s) or the Charter School may bring others
who have knowledge or special expertise about the student to the meeting.
The determination of knowledge or expertise of the invited person is made
by the party who invited that person.
developing, reviewing, and revising the IEP. This includes providing
important information about needs and strengths of the student, contributing
to discussions about the student’s need for specialized instruction,
determining how the student will be involved and make progress in the
general curriculum, deciding how the student will participate in the
statewide and schoolwide assessments, and deciding what services Legacy
Preparatory Academy will provide and in what settings.
administrative matters, the student’s parent(s) and the Charter School may
agree to use alternative means of meeting participation such as video
conferencing or conference call.
parent(s) participation in IEP meetings. If the parent(s) cannot attend,
participation by other means such as teleconference may be used.
Parent(s) must be given whatever help is needed to understand the
proceedings of the IEP meetings, such as interpreters. If the Charter School
cannot obtain parental participation, it proceeds with the development of the
IEP as required by Part B of the IDEA and USBE SER.
disability includes the parent(s), at least one special education teacher of
the student, at least one regular education teacher of the student, a
representative of Legacy Preparatory Academy, a person who can interpret
the results and instructional implications of the evaluation results, and the
student, when appropriate. At the discretion of the parent(s), adult student,
or Charter School, other individuals who have knowledge or special
expertise regarding the student, including related services personnel may
also be included as appropriate.
goals for the student and the transition services needed to assist the
student in reaching those goals, Legacy Preparatory Academy invites the
student with a disability to attend the student’s IEP meeting. If the student
does not attend the IEP meeting, the Charter School will take other steps to
ensure that the student’s preferences and interests are considered.
Preparatory Academy must invite a representative of any participating
agency that is likely to be responsible for providing or paying for transition
administrator standards, be qualified to provide or supervise the provision of
specially designed instruction to meet the unique needs of students with
disabilities, and have knowledge of the general education curriculum and of
the availability of resources of the Charter School. Legacy Preparatory
Academy may designate a Charter School member of the IEP Team to also
serve as the Charter School representative, if the above criteria are
development of the IEP.
particular IEP Team meeting if the parent(s) of a student with a disability
and the Charter School 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.
part of a particular IEP meeting when the meeting does involve a
modification to or discussion of the member’s area of the curriculum or
related services, if the parent(s) and the Charter School consent to the
excusal in writing; and the member submits written input into the
development of the IEP to the parent(s) and the other IEP Team members,
prior to the meeting.
parents of a student with a disability or the adult student is present at each
IEP Team meeting or are afforded the opportunity to participate, including:
have an opportunity to attend and
methods to ensure participation of the parent(s), including individual or
conference telephone calls. The parent(s) of a student with a disability and
the Charter School may agree to use alternative means of meeting
participation, such as video conferences and conference calls. 34 CFR
attendance if the Charter School is unable to convince the parent(s) that
they should attend. In this case, the Charter School must keep a record of
Its attempts to arrange a mutually agreed-on time and place, such as:
of those calls;
employment and the results of those visits.
parent(s) understands the proceedings of the IEP Team meeting, including
arranging for an interpreter for parent(s) with deafness or whose native
language is other than English.
interpreter if that interpreter provides interpreter services, unless they
meet the exemptions included in 53A-26a-305.
participant along with school personnel in developing, reviewing, and
revising the IEP for the student. This is an active role in which the parent(s):
expresses their concerns for enhancing the education of the student;
education or special education and related services, and supplementary
aids and services; and
and progress in the general curriculum, how the student will participate
in State and schoolwide assessments, and what services the Charter
School will provide to the student and in what setting.
identified student with a disability prior to the beginning of the school year.
annually to determine whether the annual goals for the student are being
IEP Team member to revise the IEP to address any lack of expected
progress toward annual goals and lack of progress in the general
curriculum, the results of any reevaluation, information about the
student provided to or by the parent(s) or the adult student, the
student’s anticipated needs, or other matters.
student is an eligible student with a disability.
special education and related services is obtained, the special education
services, related services, and supplementary aids and services are
provided as soon as possible.
LEA in or out of the state with comparable services to those listed on an
existing IEP while it determines next needed steps in accordance with the
In-State and Out-of-State Transfer Student Checklist on the USBE website.
considered an initial evaluation and follows the required procedures and
timelines for such an initial evaluation. USBE SER III.C.2.b.
from an LEA placement to a local juvenile or adult correctional facility or
temporary State placement for observation and assessment.
free appropriate public education for the student.
parent(s) concerns for enhancing the student’s education; evaluation
results; academic, developmental, and functional needs of the student; and
and functional performance (PLAAFP), including baseline data on
achievement and how the student’s disability affects the student’s
involvement and progress in the general curriculum (i.e., the same
grade-level curriculum as for non-disabled students). For students who
are blind, the statement should also include results from a braillerelated
or braille skills assessment. UCA 53A-25a-104.
based on the present level statement that enable the student to be
involved and make progress in the general education curriculum and
addressing each of the student’s educational needs resulting from the
(1) For eligible students with significant cognitive disabilities who will
participate in grade-level alternate achievement standards (i.e.,
Essential Elements), the parent(s) is notified that the student’s
academic achievement will be measured through an assessment of
the grade-level Utah alternate achievement standards, such as the
Dynamic Learning Maps (DLM) or the Utah’s Alternate Assessment
(UAA), 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.
Short term objectives are included for these students who will
participate in a statewide alternate assessment, and for other
students if determined needed by the IEP Team.
measured and when progress will be reported to the parent(s) on a
the supplementary aids and services (including assistive technology) to
be provided to the student or on behalf of the student, based on peerreviewed
research to the extent practicable; and the program
modifications or supports for school personnel that will be provided to
enable the student to make progress on the IEP goals and in the
general curriculum, to participate in extracurricular and other
nonacademic activities, and to be educated and participate with other
students with disabilities and without disabilities.
Legacy Preparatory Academy takes steps to ensure that its students
with disabilities have available to them the variety of educational
program and services available to nondisabled students, including art,
music, industrial arts, consumer and homemaking education, and
participate with other similar-aged nondisabled students in the regular
education environment and in the activities listed above.
will begin and end (no more than one year from the date of the IEP);
and the frequency, location, and amount of each service listed.
Services listed must be specific, such as “reading comprehension,” not
(1) In the case of a student with limited English proficiency, consider
the language needs of the student as those needs relate to the
student’s IEP; and
(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; and
(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; and
(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 behavioral
interventions and supports, and other strategies, to address that
(a) When making decisions on behavioral interventions, the IEP
Team must refer to the USBE Least Restrictive Behavioral
Interventions (LRBI) Technical Assistance (TA) Manual for
information on research-based intervention procedures.
(b) 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.
(c) The purpose of the LRBI TA Manual related to the use of
positive behavioral supports and behavioral inventions is to
protect the safety and well-being of all students, provide
protection for students, teachers, other school personnel, and
LEAs, and ensure that parent(s) are involved in the
consideration and selection of behavior interventions to be
(d) When an emergency situation occurs that requires the
immediate use of an emergency safety intervention to protect
the students or others from harm, the staff shall comply with
requirements in R277-609 with regard to time limitations and
(e) Legacy Preparatory Academy ensures that all staff members
who interact with students receive the training necessary to
effectively implement a continuum of behavioral interventions
(f) As appropriate, the student should receive a functional
behavioral assessment and behavior intervention services and
modifications that are designed to address the behavior.
decides that a student needs a particular device or services for
educational purposes, (including an intervention, accommodation, or
other program modification) in order to receive a FAPE, the team must
include these in the IEP.
assessments, such as the Student Assessment of Growth and
(1) While every student with a disability must participate, an individual
student may be determined to participate with some
accommodations based on the student’s disability, or with
(2) Students who have the most significant cognitive disabilities, and
meet other criteria in the USBE Assessment Participation and
Accommodation Policy, may be assessed with alternate
assessments, such as the DLM or UAA, as required by the USBE.
The IEP Team must indicate this on the IEP Assessment
Addendum, along with the reason that the student cannot otherwise
participate in the statewide assessment program.
program, Legacy Preparatory Academy administers the following
schoolwide assessments: DIBELS in grades K–4 and Track My
Progress in grades K-8. All students, including students with identified
disabilities, are included in these assessments. Students with
disabilities may participate in the assessments with appropriate
accommodations and modifications as determined by the IEP Team
and documented in the student’s IEP. Alternate assessments for
individual students, as determined by the student’s IEP Team and
documented in the student’s IEP, are provided for students who cannot
otherwise participate in the schoolwide or classroom assessments.
designed or adapted if necessary. The student must be afforded the
opportunity to participate in the regular physical education program
available to nondisabled students, unless the student needs specially
designed instruction as prescribed in the student’s IEP.
participation not only in the grade-level Core Standards, but other
general education activities and courses (e.g., health and maturation,
suicide prevention), as well as the Statewide Online Education program
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, USBE
SER, R277-418, and R277-726.
The IEP Team determines whether the student will need Extended
School Year (ESY) services in order to receive a free appropriate public
education. 34 CFR §300.106; USBE SER III.N; R277-751.
(1) This determination of the need for ESY services in Legacy
Preparatory Academy is based on regression and recoupment data
collected over at least two breaks in the school year consisting of 4
or more week days when there is no school.
(2) If the student’s recovery from measured regression on pinpointed
skills directly related to the IEP goals takes so long that the student
would not receive a FAPE without services during the summer or
other school break, the IEP Team must find the student eligible for
(3) Other factors are considered in determining if the student needs
ESY in order to receive a FAPE. These include but are not limited
(a) The degree of the student’s impairment,
(b) The ability of the parent(s) to provide the educational structure
(c) The student’s rate of progress,
(d) The student’s physical or behavioral problems,
(e) The areas of the student’s curriculum that need continuous
attention (such as emerging skills),
(f) The student’s vocational and transition needs,
(g) The availability of alternative resources,
(h) Whether a requested service is extraordinary to the student’s
(i) Information from parent(s) and other caregivers, and
(j) Other available data.
(4) If the student is eligible for ESY services, the IEP Team shall
develop a written document that indicates which IEP goals the
student will work on during the ESY, what services will be provided,
how long and how often the ESY services will be provided, and the
setting(s) in which the services will be provided.
(5) LPA provides ESY services in the least restrictive environment.
(6) The IEP Team refers to the USBE ESY Technical Assistance
Document on the USBE website.
(1) Legacy Preparatory Academy makes assistive technology devices
or assistive technology services, or both, available to a student with
a disability if required as part of the student’s special education,
related services, or supplemental aids and services.
(2) On a case-by-case basis, the use of school-purchased assistive
technology devices in a student’s home or in other settings will be
required if the IEP Team determines that the student needs access
to those devices in order to receive a FAPE.
regular education teacher, special education teacher, related service
provider, and other service provider who is responsible for its
implementation. Each teacher and provider is informed of the teacher or
provider’s specific responsibilities related to the implementation of the
student’s IEP and the specific accommodations, modifications, and
supports that must be provided for the student in accordance with the IEP.
academic achievement and functional performance, goals, and program
modifications and supports for each teacher of the student. This summary is
provided to the teacher prior to the time of initial implementation of the IEP
as well as when any changes to the IEP are made. Teachers keep this
information in a secure place to ensure that confidentiality is maintained.
parent(s) and other persons knowledgeable about the student, the meaning
of the evaluation data, and the placement options. This group may be the
IEP Team, including the parent(s). The group determines the placement on
the continuum of placement options in which the student will receive special
education or special education and related services.
a member of any group that makes decisions on the educational placement
of the student. If neither parent nor the adult student can participate in a
meeting in which a decision is to be made relating to the educational
placement of the student, Legacy Preparatory Academy will 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) if the Charter is unable to
obtain either parent(s)’ participation, after repeated and documented
attempts to ensure their involvement. 34 CFR §§300.327, 501; USBE SER III.S.
written parental consent.
levels of performance, goals, services, and program modifications as
detailed in the IEP.
Charter School but placed in public or private institutions or other care
facilities (e.g. nursing homes) by the IEP Team, or by parent(s)/adult
student when FAPE is at issue, shall receive the special education or
special education and related services in the Least Restrictive Environment
(LRE) to the maximum extent appropriate to meet the student’s needs.
classroom, with regular education peers, unless the IEP Team determines
that due to the nature and severity of the disability, the student’s
educational needs cannot be addressed satisfactorily in the regular
education environment, even with the use of supplementary aids and
services. In the case of a student who is deaf or hearing impaired,
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.
placement options, including placement in:
general education classroom and the specialized instruction—and
related services, if any—is provided there.),
grade-level general education classroom and the specialized
instruction—and related services, if any—is provided, in a different
with disabilities and the specialized instruction—and related services, if
any—is provided there.);
solely of students with disabilities and the specialized instruction—and
related services, if any—is provided there for more than 50% of the day.);
specialized instruction—and related services, if any—is provided there.
The IEP Team determines the amount of service time required for the
student to make progress in the general curriculum and on IEP goals.); and
or institutional setting [often residential] made up solely of students with
disabilities and the specialized instruction—and related services, if
any—is provided there. The IEP Team determines the amount of
service time required for the student to make progress in the general
curriculum and on IEP goals.).
resource or itinerant instruction, in conjunction with placement in the regular
education classroom, when needed.
on the student or on the quality of services that the student needs, and the
student is not removed from education in age-appropriate regular
classrooms solely due to needed modifications in the grade-level
participates with nondisabled students in the extracurricular services and
activities to the maximum extent appropriate to the student’s needs. This
includes meals, recess periods, counseling services, athletics,
transportation, health services, recreational activities, special interest
groups or clubs sponsored by the school, referrals to agencies that provide
assistance to individuals with disabilities and employment of students,
including both employment by the Charter School and assistance in making
outside employment available, and other activities and services of the
has the supplementary aids and services determined by the student’s IEP
Team to provide the nonacademic and extracurricular services and
activities in such a way that students with disabilities are given an equal
opportunity to participate. 34 CFR §300.107; USBE SER III.V.
high school with a regular high school diploma, whose IEP Team
recommends participation, may not be denied the opportunity of
participation 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. The Charter School, in cooperation with the Utah
Department of Health shall establish criteria used to determine the health
and safety factor. UCA 53A-15-303.5.
the team has decided on to begin, written parental consent must be
obtained. If the parent(s) refuses consent for the provision of those
services, the Charter School may not implement the IEP and may not
access due process procedures.
one service or activity to deny the parent(s) or student any other service,
benefit, or activity of the Charter School, or to fail to provide a student with a
special education and related services, the parent(s) of a student with
disabilities or the adult student revokes consent in writing for the continued
provision of special education or special education and related services, the
and related services to the students, but must provide Written Prior
Notice to the parent(s) or the adult student before ceasing the provision
of special education or special education and related services;
agreements or a ruling that the services may be provide to the student;
available to the student, and
is voluntary on the part of the parent(s) and may be revoked at any time. 34
CFR §300.9. If a parent(s) revokes consent, that revocation is not
retroactive, that is, it does not negate an action that occurred after consent
was given and before the consent was revoked.
participated in the development of the IEP. A parent(s)’s signature on the
IEP does not mean that the parent(s) is in full agreement with the content of
the IEP and does not abrogate the parent(s)’ right to access the IDEA
Procedural Safeguards. USBE SER III.E.11.
unsuccessful in having parental attendance at the meeting, the rest of the
IEP Team proceeds with the meeting.
at no cost, and Written Prior Notice of the Charter School’s intent to
implement the program and services in the IEP. This Notice is embedded in
the IEP form. If the Charter School refuses to include in its offer of FAPE
(as detailed on the IEP) any goals, services, program modifications, or
other IEP content that the parent(s) has requested, a Written Prior Notice of
that refusal is provided to the parent(s).
school year, the parent(s) of a student with a disability and Legacy
Preparatory Academy may agree not to convene an IEP meeting for the
purposes of making those changes and instead develop a written document
to amend or modify the student’s current IEP.
at the request of any member of the IEP Team.
agreement of the Charter School and the parent(s).
a team meeting. Minor changes are changes which do not affect the
educational placement of the student, or do not add or remove a type of
service. Minor changes include:
(1) Adding or removing a small number of accommodations or
(2) Updating the participation code for state and district assessments.
(3) Adding or reducing a small amount of service time to a service that
is already listed on the IEP (including a related service). A small
amount of service time means a change in service time that does
not affect placement or the types of services provided.
(4) Adding an additional goal to an area that is already addressed on a
(5) A goal change that is the next logical step forward or backwards
and is based on the student’s progress.
(6) Adding objectives to goals that are on the student’s IEP.
(7) Adjusting the wording or criterion of a current goal to make it more
(8) Documenting a change in service time for a change in education
level (i.e. K to 1st or 6th to 7th) that does not result in a change of
held, with a Notice of Meeting to all team members. Major changes
(1) A move on the continuum of Least Restrictive Environment
(2) Adding or removing a large number of accommodations or
(3) Adding service time/goals if the student has not previously received
the particular service during the past school year (including related
(4) Reducing service time by eliminating a specific service area.
(5) Documenting a change in service time for a change in education
level (i.e. K to 1st or 6th to 7th) that results in a change of placement.
(6) Changing the student’s assessment participation to alternate
amendments incorporated. The parent(s) is provided with Written Prior
Notice that these additional actions or changes in actions will be
the Charter School ensures that the student’s IEP Team, including teachers
and related service providers of the student, is informed of those changes.
See Section VII—TRANSITIONS.
Legacy Preparatory Academy, consistent with the requirements of Part B of the
IDEA and the USBE Special Education Rules, has established, maintains, and
implements Procedural Safeguards for students with disabilities and their parent(s)
as described below.
Legacy Preparatory Academy affords parent(s) the opportunity to participate in
all decisions related to the location, identification, evaluation, and provision of
FAPE for their student, including decisions related to the Discipline
requirements of Part B of the IDEA. This includes arranging meetings at a
mutually convenient time and place, providing Notice of Meeting prior to a
scheduled meeting, and making at least two documented attempts to obtain
parental participation in meetings.
qualified examiner who is not employed by or contracted with the Charter
School responsible for the education of the student in question.
policies and procedures related to independent educational evaluation that
meet the requirements of Part B of the IDEA and the USBE SER.
independent educational evaluation of the student at public expense if
they disagree with an evaluation obtained by the Charter School.
Preparatory Academy provides a copy of Legacy Preparatory
Academy’s written criteria for IEEs, including information about what the
Charter School will pay for, a list of potential evaluators, and, if
available, the range of fees each evaluator charges. Legacy
Preparatory Academy updates this list periodically to reflect any
changes in fees and evaluators.
meet all of the same standards as those listed in Section II.D–H of this
Policy and Procedures Manual.
IEEs, the criteria also allow parent(s) the opportunity to request a
waiver in the student’s circumstance.
or agency proposed by the parent(s) to conduct the IEE if the examiner
and the evaluation meet the Charter School’s criteria. A qualified
examiner is one who meets the USBE criteria for qualified personnel as
a special education teacher, school psychologist, psychologist with
expertise in administration and analysis of assessments, or other
equivalent qualifications as determined by the Charter School.
evaluation or ensures that the evaluation is otherwise provided at no
cost to the parent(s).
process complaint to request a hearing to show that its evaluation is
appropriate or it ensures that the independent educational evaluation is
provided at public expense, unless the Charter School demonstrates in
a hearing that the evaluation obtained by the parent(s) did not meet the
Charter School criteria as described above. If a Due Process Hearing
Officer finds the Charter School evaluation was appropriate, an IEE
obtained by the parent(s) is considered by the team, but not at public
Charter School conducts an evaluation with which the parent(s)
evaluation obtained at private expense with Legacy Preparatory
Academy, the results of the evaluation, if it meets Charter School
criteria, are considered by the Charter School in any decision made
with respect to provision of a FAPE to the student.
does not impose additional conditions or timelines related to obtaining
an IEE at public expense.
expense becomes the property of the Charter School, in its entirety.
Legacy Preparatory Academy provides Written Prior Notice to parent(s) a
reasonable time before it proposes to initiate or change, or refuses to initiate or
change the identification, evaluation, or provision of a free appropriate public
education to the student.
is based on;
under the Procedural Safeguards and how to obtain a copy of the
other options were rejected; and
communication used by the parent(s), unless it is clearly not feasible to
(1) If the native language or other mode of communication of the
parent(s) is not a written language, the Charter School takes steps
to ensure that:
(a) The notice is translated orally or by other means to the
parent(s) in his/her native language or other mode of
(b) The parent(s) understands the content of the notice; and
(c) There is written evidence that the requirements have been met.
year at the annual IEP review, except that a copy also is given to the
parent(s) upon initial referral or parental request for evaluation, upon receipt
of the first State complaint or due process complaint in that school year,
and upon request by the parent(s) at any time.
Notice that is posted on the USBE website http://www.schools.utah.gov
Legacy Preparatory Academy may place a current copy of the Procedural
Safeguards Notice on its website. USBE SER IV.E.2.
explanation of the main provisions of the Procedural Safeguards to the
parent(s) at consent for evaluation, eligibility determination, and annual IEP
or due process complaint procedures;
reevaluation, initial placement and provision of special education, and for
release of records to certain parties.
services without the signed Initial Consent for Placement contained in the
student’s special education file.
and III of this Policies and Procedures Manual.
Legacy Preparatory Academy follows the Dispute Resolution requirements of
the USBE SER IV.G–U as written and accesses the USBE SER Dispute
Resolution Manual for more in-depth information. The procedures address
State Complaints, Mediation, Due Process Complaints, Resolution Process,
Due Process Hearings, Civil Actions, Attorney’s Fees, and Student’s Status
under the age of majority when:
away by a court,
of majority needs a surrogate using information from the student’s
registration form and information from agencies involved with the student.
Center for assistance in obtaining names of trained surrogates.
agency that is involved in the education or care of the student,
of the student the surrogate parent represents, and
Legacy Preparatory Academy solely because he or she is paid by Legacy
Preparatory Academy to serve as a surrogate parent.
appropriate staff of emergency shelters, transition shelters, independent
living programs, and street outreach programs may be appointed as
temporary surrogates until a surrogate can be appointed that meets all of
the above requirements.
identification, evaluation, and educational placement of the student, and the
provision of a FAPE to the student.
ensure the assignment of a surrogate parent not more than 30 calendar
days after the Charter School determines that the student needs a
Legacy Preparatory Academy takes appropriate steps to ensure the protection
of the confidentiality of any personally identifiable data, information, and records
it collects or maintains related to Part B of the IDEA.
identifiers from information so that the information is no longer
definition of ‘‘education records’’ in 34 CFR §99, implementing
regulations for the Family Educational Rights and Privacy Act of 1974,
20 USC 1232g (FERPA).
maintains, or uses personally identifiable information, or from which
information is obtained, under Part B of the IDEA.
review any education records relating to their student that are collected,
maintained, or used by the Charter School. Legacy Preparatory
Academy complies with a request without unnecessary delay and
before any meeting regarding an IEP, or any hearing, or resolution
session, and in no case more than 45 calendar days after the request
has been made.
(1) A response from the Charter School to reasonable requests for
explanations and interpretations of the records;
(2) Request that the Charter School provide copies of the records
containing the information if failure to provide those copies would
effectively prevent the parent(s) from exercising the right to inspect
and review the records; and
(3) Have a representative of the parent(s) inspect and review the
authority to inspect and review records relating to his or her student
unless the school has been advised that the parent(s) does not have
the authority under applicable State law governing such matters as
guardianship, separation, and divorce.
Legacy Preparatory Academy keeps a record of parties obtaining access to
education records collected, maintained, or used under Part B of the IDEA
(except access by parent(s), adult student, and authorized employees of
the Charter School) in each student’s special education file, including the
name of the party, the date access was given, and the purpose for which
the party is authorized to use the records.
If any education record includes information on more than one student, the
parent(s) of those students or the adult student has the right to inspect and
review only the information relating to their student or themselves or to be
informed of that specific information.
Legacy Preparatory Academy may charge a fee for copies of records that
are made for the parent(s) under Part B of the IDEA if the fee does not
effectively prevent the parent(s) from exercising their right to inspect and
review those records; however, it may not charge a fee to search for or to
retrieve information under Part B of the IDEA.
within a reasonable period of time of receipt of the request. If the
Charter School decides to refuse to amend the information, it must
inform the parent(s) of the refusal and advise the parent(s) of the right
to a hearing on the matter.
to challenge information in education records to ensure that it is not
inaccurate, misleading, or otherwise in violation of the privacy or other
rights of the student.
information is inaccurate, misleading, or otherwise in violation of the
privacy or other rights of the student, it must amend the information
accordingly and so inform the parent(s) in writing.
information is not inaccurate, misleading, or otherwise in violation of the
privacy or other rights of the student, it must inform the parent(s) of the
right to place in the records it maintains on the student a statement
commenting on the information or setting forth any reasons for
disagreeing with the decision of the Charter School.
must be maintained by the Charter School as part of the records of the
student as long as the record or contested portion is maintained; and if
the records of the student or the contested portion is disclosed by the
Charter School to any party, the explanation must also be disclosed to
A hearing that challenges education records is conducted according to
procedures under 34 CFR §99.22 as described below.
Charter School receives the request, and the parent(s) of the student is
given notice of the date, place, and time reasonably in advance of the
Charter School, who does not have a direct interest in the outcome of
present evidence relevant to the issues raised and may be assisted or
be represented by an individual of their choice at their own expense,
including an attorney.
reasonable period of time after the conclusion of the hearing.
evidence presented at the hearing, and shall include a summary of the
evidence and the reasons for the decision.
enforcement and judicial authorities, for which parental consent is not
required by 34 CFR §99, parental consent is obtained before personally
identifiable information is;
(1) Disclosed to anyone other than officials of participating agencies
collecting or using the information under Part B of the IDEA or
USBE SER, or
(2) Used for any purpose other than meeting a requirement of Part B of
the IDEA or USBE SER.
education records to participating agencies without parental consent
unless authorized to do so by 34 CFR §99.31 and §99.34 (FERPA):
(1) Regulation 34 CFR §99.31 allows the Charter School to disclose
personally identifiable information from the education records of a
student without the written consent of the parent(s) of the student or
the adult student, if the disclosure is:
(a) To other school officials, including teachers within the Charter
School who have been determined by the Charter School to
have legitimate educational interests, and
(b) To officials of another school or school site in which the student
seeks or intends to enroll, subject to the requirements set forth
in 34 CFR §99.34 below.
(2) Regulation 34 CFR §99.34 requires that the Charter School
transferring the education records of a student pursuant to 34 CFR
parent(s) of the student or the adult student, except that the Charter
School does not have to provide any further notice of the transfer of
(a) The transfer is initiated by the parent(s) at the sending school, or
(b) The Charter School includes in its annual notice of Procedural
Safeguards, that it is the policy of the Charter School to forward
education records on request of a school in which a student
seeks or intends to enroll.
records for three years after the transfer.
another educational agency or institution may make further disclosure
of the information on behalf of the Charter School without the prior
written consent of the parent(s) if the conditions of 34 CFR §99.31 and
part to whom disclosure is made of these requirements.
information to a third party, then that party may proceed with statutory
procedures in an effort to obtain the desired information.
Note: As authorized in 34 CFR §99.31 (FERPA), Utah Local
Educational Agencies include in the annual Procedural Safeguards
Notice that it is their policy to forward educational records of a student
with disabilities without parental consent or notice to officials of another
school or school district in which a student seeks or intends to enroll.
special education or special education and related services, the Charter
School is not required to amend the student’s education record to
remove any references to the student’s receipt of special education or
special education and related services because of the revocation of
identifiable information at collection, storage, disclosure, and
ensuring the confidentiality of any personally identifiable information.
personally identifiable information receive training or instruction
regarding the State’s policies and procedures in USBE SER IV.X and
34 CFR §99 on an annual basis.
d. Legacy Preparatory Academy maintains, for public inspection, an
Access Authorization List, that is a current listing of the names and
positions of those employees within the school who may have access to
personally identifiable information on students with disabilities. This list,
which is updated annually, is posted on the locked cabinet in which
students’ special education files are maintained.
Legacy Preparatory Academy informs parent(s) when personally identifiable
information collected, maintained, or used under Part B of the IDEA and
USBE Special Education Rules is no longer needed to provide educational
services to the student. Information no longer needed must be destroyed at
the request of the parent(s). However, a permanent record of a student’s
name, address, and phone number, the student’s grades, attendance
record, classes attended, grade level completed, and year completed may
be maintained without time limitation. Each student’s records may be
considered “no longer needed to provide educational services” and may be
destroyed three years after the student graduates or three years after the
student turns 22.
The rights of privacy afforded to parent(s) are transferred to the student
who reaches the age of 18, providing the student has not been declared
incompetent by a court order, including the rights with regard to education
Consistent with the requirements of Part B of the IDEA and USBE Special
Education Rules, as well as applicable USBE Rules, Legacy Preparatory
Academy establishes, maintains, and implements the following policies and
procedures for disciplining students with disabilities.
with the other requirements of this section, is appropriate for a student with
a disability who violates a code of student conduct.
code of student conduct from the student’s current placement to an
appropriate interim alternative educational setting, another setting, or
suspension, for not more than ten consecutive school days (to the extent
those alternatives are applied to students without disabilities), and for
additional removals of not more than ten consecutive school days in that
same school year for separate incidents of misconduct, as long as those
removals do not constitute a change of placement.
current placement for ten school days in the same school year, during any
subsequent days of removal the Charter School provides services to the
school days, if the behavior that gave rise to the violation of the school code
is determined not to be a manifestation of the student’s disability, school
personnel may apply the relevant disciplinary procedures to students with
disabilities in the same manner and for the same duration as the
procedures would be applied to students without disabilities, except after
the tenth day of removal that constitutes a change in placement, the
Charter School provides services to the student.
continue to participate in the general education curriculum, although in
another setting, and to progress toward meeting the goals set out in the
student’s IEP; and
behavioral intervention services and modifications that are designed to
address the behavior violation so that it does not recur.
periods of removal to a student with a disability who has been removed
from the student’s current placement for ten school days or less in that
school year, if it provides services to a student without disabilities who is
current placement for ten school days in the same school year, if the
current removal is for not more than ten consecutive school days and is not
a change of placement, school personnel, in consultation with at least one
of the student’s teachers, determine the extent to which services are
needed, so as to enable the student to continue to participate in the general
education curriculum, although in another setting, and to progress toward
meeting the goals set out in the student’s IEP.
determines appropriate services to be provided during the removal.
(1) Because the series of removals total more than ten school days in
a school year;
(2) Because the student’s behavior is substantially similar to the
student’s behavior in previous incidents that resulted in the series
of removals; and
(3) Because of such additional factors as the length of each removal,
the total amount of time the student has been removed, and the
proximity of the removals to one another.
of removals constitutes a change of placement. This determination is
subject to review through due process and judicial proceedings.
student with a disability because of a violation of a code of student conduct,
a representative of the Charter School, the parent, and relevant members of
the student’s IEP Team (as determined by the parent(s) and the Charter
School) reviews all relevant information in the student’s file, including the
student’s IEP, any teacher observations, and any relevant information
provided by the parent(s) to determine:
substantial relationship to, the student’s disability; or
failure to implement the IEP.
disability if the representative of the Charter School, the parent(s), and
relevant members of the student’s IEP Team determine that the misconduct
was caused by or had a direct and substantial relationship to the student’s
disability, or was the direct result of the Charter School’s failure to
implement the IEP.
IEP Team determine that the misconduct was the direct result of the
Charter School’s failure to implement the IEP, the Charter School must take
immediate steps to remedy those deficiencies.
members of the IEP Team make the determination that the conduct was a
manifestation of the student’s disability, the IEP Team must either:
School had conducted a functional behavioral assessment before the
behavior that resulted in the change of placement occurred, and
implement a behavioral intervention plan (BIP) for the student; or
the behavioral intervention plan, and modify it, as necessary, to address
the behavior; and
circumstances in Rule V.E.5, return the student to the placement from
which the student was removed, unless the parent(s) and the Charter
School agree to a change of placement as part of the modification of
the behavioral intervention plan.
School personnel may remove a student to an interim alternative
educational setting for not more than 45 school days without regard to
whether the behavior is determined to be a manifestation of the student’s
disability, if the student:
premises, or to or at a school function under the jurisdiction of the
a controlled substance, while at school, on school premises, or at a
school function under the jurisdiction of the Charter School, or
on school premises, or at a school function under the jurisdiction of the
For purposes of this section, the following definitions apply:
(1) Controlled substance means a drug or other substance that cannot
be distributed without a prescription, identified under schedules I, II,
III, IV, or V in section 202(c) of the Controlled Substances Act (21
(2) Illegal drug means a controlled substance but does not include a
drug controlled, possessed, or used under the supervision of a
licensed health-care professional or one legally possessed or used
under the Controlled Substances Act or under any other provision
of Federal law (21 USC 812).
(3) Serious bodily injury means bodily injury that involves a substantial
risk of death, extreme physical pain, protracted and obvious
disfigurement, or protracted loss or impairment of the function of a
bodily member, organ, or mental faculty (18 USC 1365). Serious
bodily injury does not include a cut, abrasion, bruise, burn,
disfigurement, physical pain, illness, or impairment of the function
of a bodily member, organ or mental faculty that is temporary (20
(4) Weapon means a weapon, device, instrument, material, or
substance, animate or inanimate, that is used for or is readily
capable of, causing death or serious bodily injury, except that such
term does not include a pocket knife with a blade of less than 2.5
inches (18 USC 930).
On the date on which the decision is made to make a removal that constitutes a
change of placement of a student with a disability because of a violation of a
code of student conduct, the LEA must notify the parent(s) of that decision, and
provide the parent(s) the Procedural Safeguards notice.
The student’s IEP Team determines the interim alternative educational setting
(IAES) for services if the behavior that gives rise to the removal is not a
manifestation of the student’s disability, the removal constitutes a change of
placement, or the behavior falls under the special circumstances in Rule V.E.5.
regarding placement or the manifestation determination, or an LEA that
believes that maintaining the current placement of the student is
substantially likely to result in injury to the student or others, may appeal the
decision by filing a due process hearing complaint.
regarding an appeal.
(2) Order a change of placement of the student with a disability to an
appropriate interim alternative educational setting (IAES) for not
more than 45 school days if the hearing officer determines that
maintaining the current placement of the student is substantially
likely to result in injury to the student or to others.
that returning the student to the original placement is substantially likely
to result in injury to the student or to others.
involved in the dispute must have an opportunity for an impartial due
process hearing with the State Director of Special Education, which
must occur within 20 school days of the date the complaint requesting
the hearing is filed. The hearing officer must make a determination
within ten school days after the hearing.
the resolution meeting, or agree to use mediation:
(1) A resolution meeting must occur within seven calendar days of
receiving notice of the due process complaint; and
(2) The due process hearing may proceed unless the matter has been
resolved to the satisfaction of both parties within 15 calendar days
of the receipt of the due process complaint.
When an appeal through a due process complaint has been made by either the
parent(s) or the LEA, the student must remain in the interim alternative
educational setting pending the decision of the hearing officer or until the
expiration of the time period specified, whichever occurs first, unless the
parent(s) and the SEA or LEA agree otherwise.
or special education and related services under Part B of the IDEA, and
who has engaged in behavior that violated a code of student conduct, may
assert any of the protections provided for in this part if the Charter School
had knowledge that the student was a student with a disability before the
behavior that precipitated the disciplinary action occurred.
student with a disability if, before the behavior that precipitated the
disciplinary action occurred:
or administrative personnel of the appropriate Charter School, or a
teacher of the student, that the student is in need of special education
or special education and related services;
expressed specific concerns about a pattern of behavior demonstrated
by the student directly to the director of special education of the Charter
School or to other supervisory personnel of the Charter School.
a student with a disability if:
(1) Has not allowed an evaluation of the student; or
(2) Has refused services under this part; or
not be a student with a disability under Part B of the IDEA.
with a disability prior to taking disciplinary measures against the student,
the student may be subjected to the disciplinary measures applied to
students without disabilities who engage in comparable behaviors.
period in which the student is subjected to disciplinary measures, the
evaluation must be conducted in an expedited manner.
(1) Until the evaluation is completed, the student remains in the
educational placement determined by school authorities, which can
include suspension or expulsion without educational services.
(2) If the student is determined to be a student with a disability, taking
into consideration information from the evaluation conducted by the
Charter School and information provided by the parent(s), the
Charter School must provide special education or special education
and related services.
crime committed by a student with a disability to appropriate authorities or
prevents State law enforcement and judicial authorities from exercising their
responsibilities with regard to the application of Federal and State law to
crimes committed by a student with a disability.
disability must ensure that copies of the special education and
disciplinary records of the student are transmitted for consideration by
the appropriate authorities to whom the LEA reports the crime.
copies of the student’s special education and disciplinary records only
to the extent that the transmission is permitted by the Family
Educational Rights and Privacy Act.
(1) Are involved in any decisions about the student’s IEP; and
(2) Agree to any proposed changes in the IEP before those changes
for compliance with this part remains with the Charter School and the USBE.
If placement in a public or private residential program is necessary to
provide special education and related services to a student with a disability,
the program, including non-medical care and room and board, must be at
no cost to the parent(s) of the student.
special education or special education and related services, of a student
with a disability at a private school or facility if that Charter School made a
FAPE available to the student and the parent(s) elected to place the student
in a private school or facility.
availability of a program appropriate for the student, and the question of
financial reimbursement, are subject to the State complaint and due
process procedures in USBE SER IV.G-R.
special education or special education and related services under the
authority of a Charter School, enroll the student in a private elementary
school or secondary school without the consent of or referral by the Charter
School, a court or a hearing officer may require the Charter School to
reimburse the parent(s) for the cost of that enrollment if the court or hearing
officer finds that the Charter School had not made a FAPE available to the
student in a timely manner prior to that enrollment and that the private
placement is appropriate. A parental placement may be found to be
appropriate by a hearing officer or a court even if it does not meet the State
standards that apply to education provided by the USBE and Charter
to removal of the student from the public school, the parent(s) did not
inform the IEP Team that they were rejecting the placement proposed
by the Charter School to provide a FAPE to their student, including
stating their concerns and their intent to enroll their student in a private
school at public expense; or
business day) prior to the removal of the student from the public school,
the parent(s) did not give written notice to the Charter School of the
information described in USBE SER VI.C.4.a;
Charter School informed the parent(s), through the written prior notice
requirements of its intent to evaluate the student (including a statement
of the purpose of the evaluation that was appropriate and reasonable),
but the parent(s) did not make the student available for the evaluation;
taken by the parent(s).
Charter School prior to removal of the student, the cost of reimbursement:
(1) The school prevented the parent(s) from providing the notice;
(2) The parent(s) had not received written prior notice of the notice
requirement in USBE SER VI.C.4.a–b; or
(3) Compliance with the notice requirements in USBE SER VI.C.4.a–c
would likely result in physical harm to the student; and
denied for failure to provide this notice if:
(1) The parent(s) is not literate or cannot write in English; or
(2) Compliance with USBE SER VI.C.4.a–c would likely result in
serious emotional harm to the student.
VII. TRANSITIONS. 34 CFR §300.1; USBE SER VII.B.
(1) Is designed to be within a results-oriented process that is focused
on improving the academic and functional achievement of the
student with a disability, to facilitate the student’s movement from
school to post-school activities, including post-secondary
education, vocational education, integrated employment (including
supported employment), continuing and adult education, adult
services, independent living, or community participation;
(2) Is based on the individual student’s needs, taking into account the
student’s strengths, preferences, and interests, and includes:
(b) Related services,
(c) Community experiences,
(d) Post-school adult living objectives, and
(e) If appropriate, acquisition of daily living skills and provision
of a functional vocational evaluation.
(1) A purpose of the meeting is the consideration of the postsecondary
goals and transition services for the student,
(2) Legacy Preparatory Academy will invite the student, and
(3) Identifies any other agency that will be invited, with the consent of
the parent(s), to send a representative.
and interests are considered.
(1) Present levels of academic achievement and functional
performance based on age-appropriate transition assessment(s);
(2) Realistic and reasonable measurable postsecondary goals,
including academic and functional goals, based upon age appropriate
transition assessments related to training or education,
employment, and, where appropriate, independent living skills;
(3) The transition services, including courses of study, needed to assist
the student in reaching the student’s post-secondary goals;
(4) Evidence that the student was invited to the IEP Team meeting
where transition services are to be discussed; and
(5) Any modifications to graduation requirements, as permitted under
(1) An adult student has the right to approve the student’s own
educational placement and participate in development of the
Individualized Education Program (IEP) without help from parent(s),
family, or special advocates.
(2) An adult student has the right to allow parent(s), family, or special
advocates to help if the student so desires.
All rights accorded to parent(s) under Part B of the IDEA transfer to students who are incarcerated in an adult or juvenile, State or local correctional institution.
not end eligibility for FAPE.
(1) Were not actually identified as being a student with a disability and
(2) Did not have an IEP under Part B of the IDEA. 34 CFR §300.102.
(1) Had been identified as a student with a disability and had received
services in accordance with an IEP, but who left school prior to their
(2) Did not have an IEP in their last educational setting, but who had
actually been identified as a student with a disability.
VIII.RESPONSIBILITIES OF THE UTAH STATE OFFICE OF EDUCATION.
Legacy Preparatory Academy provides data as required for State and Federal
reports and other State functions.
All students enrolled in Legacy Preparatory Academy, including students with
disabilities, participate in the statewide testing program and the school-wide
testing program. Participation requirements in the USBE Assessment
Participation and Accommodation Policy are followed. The IEP Team
determines how a student with disabilities will participate and accommodations
needed, if any. Results of statewide assessments are posted on the USBE
This Policy and Procedures Manual, as well as any future changes to the
contents, are presented to Legacy Preparatory Academy Board in a public
meeting for review and input. The agenda for Legacy Preparatory Academy
board meetings is posted at least 24 hours prior to each meeting as required by
Results of monitoring from the Utah Program Improvement Planning System
(UPIPS) are posted on the USBE website annually.
Legacy Preparatory Academy ensures that each eligible student with disabilities
enrolled in the school receives the services included in the IEP through a
systematic process of review of IEPs and monitoring of service delivery by
Charter School personnel and contracted service providers.
All personnel of Legacy Preparatory Academy are supervised by appropriately
qualified staff as determined by the local Charter School Board.
Legacy Preparatory Academy follows the requirements of USBE SER IX.B in
ensuring the appropriate use of funds under Part B of the IDEA. This includes
following the requirements for students with disabilities who are covered by
public benefits or insurance as written. Legacy Preparatory Academy
participates in the single audit process required by State law that includes an
audit of Part B funds.
out Part B of the IDEA are appropriately and adequately prepared, subject
to the requirements related to personnel qualifications in the State Board
Administrative Rules cited above.
appropriately trained and supervised and utilized in accordance with the
USBE Paraeducator Standards.
Utah Professional Educator License or Endorsement in the area in which
they provide services. This includes special education teachers, speech
language pathologists, school psychologists, school social workers, and
other professionals. Occupational therapists and physical therapists must
hold appropriate Utah licensure. The Charter School administration is
responsible for the evaluation of the appropriateness of licenses and
endorsements when assigning staff members. The Charter School refers to
the USBE Teaching, Leadership, and Paraeducator Standards.
students with disabilities in Kindergarten through grade 12. Special
education areas of concentration carry endorsements in at least one of the
Impairment must hold the appropriate license, endorsement, or area of
concentration in the category of Speech Language Impairment. R277-506.
secondary special education programs must, in addition to their special
education license, meet the standards for personnel under the USBE Board
student with disabilities must be licensed by the State Board of Education
as school social workers or school psychologists. R277-506.
disabilities must hold a Utah education license for school psychologists or
State licensure and meet the assessment publisher’s criteria for
administration of specific assessments. R277-506.
Legacy Preparatory Academy collects and provides additional information
which the USBE may require in order to meet Federal reporting requirements,
including suspension and expulsion rates, LRE environments, disproportionality
data, personnel information, and others.
amount it receives under Part B of the IDEA for any fiscal year, less any
amount reduced by the Charter pursuant to maintenance of effort (if any), in
combination with other amounts to develop and implement coordinated
early intervening services (CEIS) for students who are not currently
identified as needing special education or special education and related
services, but who need additional academic and behavioral support to
succeed in a general education environment.
development that enables school personnel to deliver scientifically based
academic and behavioral interventions, as well as educational and
behavioral evaluations, services, and supports.
Early Intervening Services to the USBE annually.
educator (including psychologists, social workers, speech language
pathologists, occupational therapists, physical therapists, adapted P.E.
specialists, and any other related servers) to ensure that a free appropriate
public education is available to all eligible students with disabilities.
Legacy Preparatory Academy ensures that hearing aids worn in school by
students with hearing impairments, including deafness, are functioning properly.
Legacy Preparatory Academy ensures that external components of surgically
implanted medical devices are functioning properly.