(1) An LEA shall ensure that each staff member of an education service provider:
- (a) receives a background check and has ongoing monitoring in accordance with Title 53G, Chapter 11, Part 4 Background Checks; and
- (b) holds appropriate license, license areas of concentration, and endorsements as set forth in Rule R277-309.
- (2) An LEA shall ensure that a student identified as having a disability under the IDEA or Section 504 receiving instruction from an education service provider receives a free and appropriate public education.
- (3) An LEA shall require each education service provider provide the LEA with information about any student receiving services that the education service provider suspects of having a disability, so that the LEA can conduct child find responsibilities under the IDEA.
(4)(a) An LEA shall register all students receiving services from an education service provider.
- (b) An education service provider may not enroll or register a student at an LEA.
- (5) An LEA shall pay an education service provider on a reimbursement basis.
(6) An LEA shall:
- (a) ensure appropriate coding of expenditures to an education service provider for IDEA services; and
- (b) ensure that expenditures classified under Subsection (a) are reportable to the LEA and the Superintendent.
- (7) An LEA may not record education service provider staff as teachers with an assignment in CACTUS or USIMS.
- (8) An LEA may not utilize or encumber WPU funds for students receiving services from education service providers for expenses or projects that span longer than the length of the LEA's contract with the provider, including termination clauses.
KEY: third party providers, contracts, monitoring
Date of Last Change: July 9, 2024
Notice of Continuation: May 10, 2024
Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4) and (10)