1. (1) An RTC shall have the RTC's special needs program certified by the Superintendent before providing services for a free and appropriate public education to in-state or out-of-state students with special education needs and a current IEP from an LEA.
2. (2) An RTC seeking certification shall apply for an initial or renewal certification in a form prescribed by the Superintendent.

3. (3) An RTC's application shall include:

   1. (a) a detailed description of the RTC's general and special education program provided, including:

      1. (i) minimum instructional minutes for each grade level served;
      2. (ii) specially designed instruction and related services;
      3. (iii) evidence of age-appropriate core curriculum that aligns with the Utah core standards or aligns with the core standards of the student's state of origin;
      4. (iv) for grades K-8, evidence showing the use of at least one resource, including a textbook or curricular program, adopted by the student's state of origin or Utah for each core standard subject;
      5. (v) for grades 9-12, evidence showing alignment of curriculum for core standard subjects with an LEA's curriculum in Utah or the student's state of origin;

   2. (b) evidence, including educator licenses of qualified personnel for each subject area including:

      1. (i) English language arts;
      2. (ii) Math;
      3. (iii) Science;
      4. (iv) Special Education; and
      5. (v) Related services.
   3. (c) documentation of training implementation and supervision in a special education program of paraprofessionals as described by the Special Education Rules Manual incorporated by reference in Rule R277-750;
   4. (d) an assurance that each student, aged 14 years and above, has a transition plan as described in Subsection R277-926-4(3)(b);

   5. (e) evidence that an RTC is collaborating with a student's LEA of origin's fully constituted IEP team to:

      1. (i) carry out the specific requirements of the student's IEP, including the general requirements described in Subsection R277-926-4(3)(b);
      2. (ii) facilitate an annual IEP review; and

      3. (iii) when necessary, participate in the student's triennial evaluation, including:

         1. (A) an outlined process for the evaluation;
         2. (B) the ability to allow on-site accessibility to third parties required for evaluation participation; and
         3. (C) collaborate with the LEA of origin for the administration of the assessment.
   6. (f) a description of the RTC's incident management process and procedures for a student, and reporting requirements described in Subsection R277-926-4(3)(c);
   7. (g) evidence of how meaningful parental involvement is facilitated;

   8. (h) documentation showing all staff at the RTC have been fingerprinted and have passed state and federal criminal background checks before being allowed to have contact with any student;

      1. (i) an assurance showing participation in the LEA of origin with federal Child Find mandates as outlined in 20 U.S.C. 1412(a)(3);
   9. (j) an assurance that the RTC is a nonsectarian RTC; and
   10. (k) if applicable, a copy of the Private School Affidavit filed with a student's state of origin.
4. (4) An RTC may apply for an initial certification and receive notification of certification approval or denial within 60 days of an on-site review.
5. (5) An RTC shall apply for certification renewal no later than 60 days before the expiration of the RTC's current certification.
6. (6) The Superintendent shall provide the RTC notice of the Superintendent's approval or denial of the RTC's application for certification within 60 days of an on-site review.
7. (7) An RTC with a pending application shall be subject to an on-site review by the Superintendent within 60 days of the RTC submitting the RTC's application.
8. (8) An RTC's application for certification and on-site review shall be reviewed collectively by the Superintendent in considering approval or denial of certification.
9. (9) An RTC shall be informed of compliance errors at the time of the on-site review and will be provided six weeks to correct the compliance errors before a final certification decision is made.
10. (10) If approved, an RTC's certification lasts for two years from the date of approval and is subject to monitoring protocols as described in Section R277-926-4.
11. (11) If the Superintendent denies an RTC's application for certification, the Superintendent shall provide the reason for the denial in writing to the RTC.
12. (12) If an RTC operates a special needs program at more than one site, the RTC shall submit a separate certification application for each site.

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)