(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 if the individual is:

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Terms Used In Utah Code 53E-8-401

  • Blind: means :
         (4)(a) if the person is three years of age or older but younger than 22 years of age, having a visual impairment that, even with correction, adversely affects educational performance or substantially limits one or more major life activities; and
         (4)(b) if the person is younger than three years of age, having a visual impairment. See Utah Code 53E-8-102
  • Blindness: means an impairment in vision in which central visual acuity:
         (5)(a) does not exceed 20/200 in the better eye with correcting lenses; or
         (5)(b) is accompanied by a limit to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than 20 degrees. See Utah Code 53E-8-102
  • Deaf: means :
         (7)(a) if the person is three years of age or older but younger than 22 years of age, having hearing loss, whether permanent or fluctuating, that, even with amplification, adversely affects educational performance or substantially limits one or more major life activities; and
         (7)(b) if the person is younger than three years of age, having hearing loss. See Utah Code 53E-8-102
  • Deafblind: means :
         (8)(a) if the person is three years of age or older but younger than 22 years of age:
              (8)(a)(i) deaf;
              (8)(a)(ii) blind; and
              (8)(a)(iii) having hearing loss and visual impairments that cause such severe communication and other developmental and educational needs that the person cannot be accommodated in special education programs solely for students who are deaf or blind; or
         (8)(b) if the person is younger than three years of age, having both hearing loss and vision impairments that are diagnosed as provided in Section 53E-8-401. See Utah Code 53E-8-102
  • Deafness: means a hearing loss so severe that the person is impaired in processing linguistic information through hearing, with or without amplification. See Utah Code 53E-8-102
  • IEP: means :
         (14)(a) a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, Utah Code 53E-8-102
  • Parent: means a parent or legal guardian. See Utah Code 53E-1-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State board: means the State Board of Education. See Utah Code 53E-1-102
     (1)(a) a resident of Utah;
     (1)(b) younger than 22 years old;
     (1)(c) referred to the Utah Schools for the Deaf and the Blind by:

          (1)(c)(i) the individual’s school district of residence;
          (1)(c)(ii) a local early intervention program; or
          (1)(c)(iii) if the referral is consistent with the Individual with Disabilities Education Act, 20 U.S.C. § 1400 et seq., the Parent Infant Program; and
     (1)(d) identified as deaf, blind, or deafblind through:

          (1)(d)(i) the special education eligibility determination process; or
          (1)(d)(ii) the Section 504 eligibility determination process.
(2)

     (2)(a) In determining eligibility for an individual who is younger than age three and is deafblind, the following information may be used:

          (2)(a)(i) opthalmological and audiological documentation;
          (2)(a)(ii) functional vision or hearing assessments and evaluations; or
          (2)(a)(iii) informed clinical opinion conducted by a person with expertise in deafness, blindness, or deafblindness.
     (2)(b) Informed clinical opinion shall be:

          (2)(b)(i) included in the determination of eligibility when documentation is incomplete or not conclusive; and
          (2)(b)(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)

     (3)(a) A student who qualifies for special education shall have services and placement determinations made through the IEP process.
     (3)(b) A student who qualifies for accommodations under Section 504 shall have services and placement determinations made through the Section 504 team process.
(4)

     (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).
     (4)(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 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:

     (6)(a) shall make rules that determine the eligibility of students to be served by the Utah Schools for the Deaf and the Blind; and
     (6)(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 the resident is younger than 22 years old.
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