1. (1) A primary school shall provide an online provider with an existing Section 504 plan for a student enrolling in the program.

2. (2)(a) If a student without an existing Section 504 plan wishes to receive services under Section 504 of the Rehabilitation Act of 1973, the student shall make a request with either the student's primary school or a provider.

   1. (b) Responsibility for ensuring a request is evaluated in accordance with federal law, Utah Code, and Board Rule resides with the student's primary school.
   2. (c) If a student's request for services is initially directed to a provider, the provider shall immediately contact the 504 coordinator of the student's primary school.
   3. (d) Under the direction of the primary school, the student's primary school and the provider shall jointly evaluate a student's request under Subsection (1)(a) and determine if the student is eligible for related aids, accommodations, and services under Section 504.
   4. (e) The provider shall implement the Section 504 plan in accordance with Subsection (1)(d).

3. (3) If a student with an existing Section 504 plan for related aids, accommodations, or services requests amendments related to an existing plan for related aids, accommodations, and services:

   1. (a) the primary school and the provider shall jointly amend the Section 504 plan in accordance with Subsection (4); and
   2. (b) the provider shall implement the Section 504 plan and provide related aids, accommodations, and services to the student in accordance with the student's Section 504 plan.

4. (4) To prepare or amend a 504 plan for related aids, accommodations, and services, the committee evaluating the student shall:

   1. (a) be drawn jointly from the student's primary school and the provider; and
   2. (b) include persons knowledgeable about the student, the meaning of the evaluation data, and placement options available in a virtual environment.
5. (5) If a student's request for services is initially directed to a provider and a good faith effort at cooperation with the student's primary school is unsuccessful, the provider may determine student eligibility and provide services.
6. (6) If a home school student requests services under Section 504, a provider may determine student eligibility, prepare a 504 plan, and provide related aids, accommodations, and services.

7. (7) If a student participating in the program qualifies to receive services under the IDEA:

   1. (a) the student's primary LEA of enrollment shall:

      1. (i) forward a copy of an existing IEP or relevant sections to a provider within three school days of receiving a notice of enrollment;
      2. (ii) working with a provider, review and determine implementation of the IEP for the student within a timeline consistent with IDEA requirements;
      3. (iii) working with a provider revise the IEP with accommodations and services, appropriate for the courses selected by the student;
      4. (iv) collaborate with a provider to develop digital options if the IEP team has determined that services are best provided in an online environment;
      5. (v) provide the amended IEP to the provider within three school days; and
      6. (vi) continue to claim the student in the primary LEA's membership; and
   2. (b) the provider shall provide special education services and accommodations as required for the student to access the curriculum in accordance with the student's IEP.

8. (8) If a home school student requests an evaluation for eligibility to receive special education services:

   1. (a) the home school student's LEA of residence shall:

      1. (i) evaluate the student's eligibility for services under the IDEA;
      2. (ii) if eligible, consider enrolling the student in the primary LEA, which will prepare an IEP for the student, with input from the provider, in accordance with the timelines required by the IDEA;
      3. (iii) provide the IEP described in Subsection (ii) to the provider within three school days of completion of the student's IEP; and
   2. (b) the provider shall provide special education services and accommodations to the student in accordance with the student's IEP described in Subsection (a)(i).

9. (9)(a) A provider shall administer a home language survey upon initial student registration.

   1. (b) If a provider suspects that a student qualifies for alternative language services or other Title III services, the provider shall contact the Title III Coordinator at the student's primary LEA or primary school.
   2. (c) If a student has an individual learning plan, the provider shall implement the plan provided by the student's primary LEA or primary school.

10. (10) For a student needing alternative language services, who does not have an individual learning plan:

    1. (a) the primary LEA or primary school shall identify the need for alternative language services;
    2. (b) the provider and the primary LEA or primary school shall develop an individual learning plan in cooperation with persons knowledgeable about the student, the meaning of the evaluation data, and the placement options available for the student in a virtual environment, which outlines a student's current level of ability, and identifies specific goals for future attainment, progress, and exit criteria; and
    3. (c) the primary LEA or primary school shall administer a language instruction Educational Program in which a student learning English is placed for developing and attaining English proficiency.

KEY: statewide online education program

Date of Last Change: March 10, 2026

Notice of Continuation: January 13, 2022

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53F-4-510; 53F-4-514; 53E-3-401