1. (1) "Nonsectarian" means a nonpublic school or agency that is not owned, operated, controlled by, or formally affiliated with a religious group or sect, whatever might be the actual character of the education program or the primary purpose of the facility.

2. (2)(a) "Residential Treatment Center" or "RTC" means a private, or nonsectarian establishment that provides related services necessary for a student with special needs to benefit educationally from the student's IEP.

   1. (b) "Residential Treatment Center" or "RTC" does not include an organization or agency that operates as a public agency or offers public service, including:

      1. (i) a state or local agency;

      2. (ii) an affiliate of a state or local agency including:

         1. (A) a private, nonprofit corporation established or operated by a state or local agency;
         2. (B) a public university or college; or
         3. (C) a public hospital.

3. (3) "Qualified personnel" means an in-classroom staff member who:

   1. (a) provides assistance with a student's education;
   2. (b) has met requirements for federal and state certification and licensing requirements that apply to the area in which the staff member is providing services, including Board or Utah Department of Professional Licensing requirements; and
   3. (c) actively adheres to the standards of professional practice established in federal and state law and regulation.

KEY: residential treatment centers, special education, certification

Date of Last Change: August 7, 2024

Notice of Continuation: June 7, 2024

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4)