(1) Except as provided in Subsections (3), (4), and (5), an individual is eligible to receive services of the Utah Schools for the Deaf and the Blind: (a) within the individual's LEA if the individual is: (i) a resident of Utah; (ii) younger than 22 years old; (iii) referred to the Utah Schools for the Deaf and the Blind by: (A) the individual's school district of residence; (B) a local early intervention program; or (C) if the referral is consistent with the Individual with Disabilities Education Act, 20 U.S.C. Sec. 1400 et seq., the Parent Infant Program; and (iv) identified as deaf, blind, or deafblind through: (A) the special education eligibility determination process; or (B) the Section 504 eligibility determination process; or (b) functioning as the individual's designated LEA at a facility that the Utah Schools for the Deaf and the Blind operate if: (i) the individual is eligible under Subsection (1)(a); and (ii) the individual's LEA of record counts the student and remits associated funding to the Utah Schools for the Deaf and the Blind in accordance with Subsection 53E-8-201(3)(b). (2) (a) In determining eligibility for an individual who is younger than age three and is deafblind, the following information may be used: (i) opthalmological and audiological documentation; (ii) functional vision or hearing assessments and evaluations; or (iii) informed clinical opinion conducted by a person with expertise in deafness, blindness, or deafblindness. (b) Informed clinical opinion shall be: (i) included in the determination of eligibility when documentation is incomplete or not conclusive; and (ii) based on pertinent records related to the individual's current health status and medical history, an evaluation and observations of the individual's level of sensory functioning, and the needs of the family. (3) (a) A student who qualifies for special education shall have services and placement determinations made through the IEP process. (b) A student who qualifies for accommodations under Section 504 shall have services and placement determinations made through the Section 504 team process. (4) (a) A nonresident may receive services of the Utah Schools for the Deaf and the Blind in accordance with the rules of the state board described in Subsection (6). (b) Notwithstanding Section 53G-7-503, the state board shall ensure that the rules described in Subsection (6) require the payment of tuition for services provided to a nonresident. (5) An individual with hearing loss is eligible to receive services from the Utah Schools for the Deaf and the Blind under circumstances described in Section 53E-8-408. (6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state board: (a) shall make rules that determine the eligibility of students to be served by the Utah Schools for the Deaf and the Blind in accordance with this chapter; and (b) may make rules to allow a resident of Utah who is neither deaf, blind, nor deafblind to receive services of the Utah Schools for the Deaf and the Blind if: (i) the resident is: (A) younger than 22 years old; and (B) a direct relative of an individual who is eligible for services under Subsection (1); and (ii) the resident's LEA of record counts the student and remits associated funding to the Utah Schools for the Deaf and the Blind in accordance with Subsection 53E-8-201(3)(b).
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