Section R277-926-4 - Certification Maintenance and General Monitoring(1) An RTC that has been certified is subject to periodic monitoring and review.(2) An RTC shall ensure general compliance with the requirements of this rule, state law, and federal law by providing the Superintendent with:(a) documentation, including: (i) applicable student and program records; and(ii) information for which the Board is responsible;(b) access to on-site visits at any time; and(c) any combination of Subsections (a) and (b).(3) An RTC that has been certified shall comply with all requirements of this rule and state and federal law, including the following requirements: (a) collaborating with an LEA of origin to maintain and facilitate a plan for transition from the RTC to a less restrictive setting or from a less restrictive setting to an RTC;(b) collaborating with the LEA of origin on a student's IEP through: (i) timely and appropriate IEP progress monitoring;(ii) documentation of a student's specially designed instruction and related services such as: (iii) post secondary transition plans for students age 14 and older, including: (A) a list of a relevant course of study related to needs and ability of the student;(B) a list of all required transition assessments needed; and(C) age of majority documentation; (iv) sign-in or attendance sheets for each IEP meeting held for a student; and(v) adhering to all other applicable state and federal laws;(c) when appropriate, establishing a discipline guide consistent with IDEA that includes a behavior intervention plan with the following minimum components: (i) general behavior goals;(ii) crisis de-escalation and restraint training and training frequency;(iii) restraint and seclusion policies and procedures consistent with state and federal law; and(iv) parental notification policies requiring notice within at least 24-hours.(4) An RTC shall notify the Superintendent within 45 days if the RTC makes any material change to the RTC's special education program.(5) An RTC shall notify the Superintendent within 48 hours if: (a) any staff member is charged with a felony or misdemeanor, other than a Class C violation of Title 41, Motor Vehicles; or(b) a law enforcement agency or the Division of Child and Family Services initiates an investigation regarding a student health or safety concern.(6) If a certified RTC is found to be noncompliant with this rule or state or federal law, the Superintendent may suspend or revoke the RTC's certification as outlined in Section R277-926-5.Utah Admin. Code R277-926-4
Adopted by Utah State Bulletin Number 2019-15, effective 7/2/2019Amended by Utah State Bulletin Number 2021-07, effective 3/11/2021Amended by Utah State Bulletin Number 2023-12, effective 6/7/2023Amended by Utah State Bulletin Number 2024-16, effective 8/7/2024