Education

Administration

Rule 800: Utah Schools for the Deaf and the Blind

Effective Date: 07/08/2026

Admin. Code Reference: R277-800

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 58005

Rule or section number:

R277-800

1. Agency Information

Title catchline:

Education, Administration

Building:

Board of Education

Street address:

250 E 500 S

City, state:

Salt Lake City, UT

Mailing address:

PO Box 144200

City, state and zip:

Salt Lake City, UT 84114-4200

2. Contact Persons

Name:

Phone:

Email:

Elisse Newey

801-538-7500

Elisse.newey@schools.utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R277-800. Utah Schools for the Deaf and the Blind

B. Purpose of the new rule or reason for the change:

The amendments are needed as a result of the passage of HB 448 during the 2026 General Session.

C. Summary of the new rule or change:

The amendments make updates to ensure alignment with current statute governing Utah Schools for the Deaf and the Blind (USDB) operations, reporting requirements, and oversight responsibilities.

Changes included updates to statutory citations for accuracy and consistency with current law; incorporating provisions related to Board oversight of capital facilities planning; clarifying reporting requirements in alignment with statutory directives; adding and revising definitions for clarity; and making technical and conforming changes to improve clarity and consistency throughout this rule.

The amendments also remove an oversight "Category 4" for this rule.

4. Legislative Action Information

A. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and session:

HB 448 (2026 General Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

This rule change is not expected to have fiscal impact on state government revenues or expenditures.

The Utah State Board of Education (USBE) believes that any fiscal impact was captured in the fiscal note to HB 448 (2026) and this rule does not add any additional impacts for state agencies, Local Education Agencies (LEAs), or other persons.

B. Local governments:

This rule change is not expected to have fiscal impact on local governments' revenues or expenditures.

The USBE believes that any fiscal impact was captured in the fiscal note to HB 448 (2026) and this rule does not add any additional impacts for state agencies, LEAs, or other persons.

C. Small businesses ("small business" means a business employing 1-49 persons):

This rule change is not expected to have fiscal impact on small businesses' revenues or expenditures.

The USBE believes that any fiscal impact was captured in the fiscal note to HB 448 (2026) and this rule does not add any additional impacts for state agencies, LEAs, or other persons.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are no non-small businesses in the industry in question, Elementary and Secondary Schools (North American Industry Classification System (NAICS) 611110). Because there are no non-small businesses, they do not account for any service delivery for Elementary and Secondary Schools. Therefore, non-small businesses are not expected to receive increased or decreased revenues per year. This proposed rule change is not expected to have any fiscal impact on non-small businesses' revenues or expenditures because there are no applicable non-small businesses, and it does not require any expenditures of, or generate revenue for non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule change is not expected to have fiscal impact on revenues or expenditures for persons other than small businesses, businesses, or local government entities.

The USBE believes that any fiscal impact was captured in the fiscal note to HB 448 (2026) and this rule does not add any additional impact for state agencies, LEAs, or other persons.

F. Compliance costs for affected persons:

There are no compliance costs for affected persons. The USBE believes that any fiscal impact was captured in the fiscal note to HB 448 (2026) and this rule does not add any additional impact for state agencies, LEAs, or other persons.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The State Superintendent of the Utah State Board of Education, Molly Hart, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Article X, Section 3

Subsection 53E-3-401(4)

Section 53E-8-204

Section 53E-8-402

Section 53E-8-409

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

07/01/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

07/08/2026

13. Agency Authorization Information

Agency head or

designee and title:

Elisse Newey, Deputy Superintendent of

Policy

Date:

05/15/2026

R277. Education, Administration.

R277-800. Utah Schools for the Deaf and the Blind.

R277-800-1. Authority[,] and Purpose[, and Oversight Category].

(1) This rule is authorized by:

(a) Utah Constitution Article X, Section 3, which vests general control and supervision over public education in the Board;

(b) Section 53E-8-204 which authorizes the Board to make rules regarding the administration of the Utah Schools for the Deaf and the Blind;

(c) Section 53E-8-402, which directs the Board to establish entrance policies and procedures to be considered, consistent with the IDEA, for student placement recommendations at the USDB;

(d) Section 53E-8-409, which directs the Board to establish the USIMAC and outline collaboration and operating procedures for USIMAC and USDB resources; and

(e) Subsection 53E-3-401(4), which allows the Board to make rules to execute the Board's duties and responsibilities under the Utah Constitution and state law.

(2) The purpose of this rule is to provide standards and procedures for the operation of the USDB and the USDB outreach programs and services.

[(3) This Rule R277-800 is categorized as Category 4 as described in Rule R277-111.]

R277-800-2. Definitions.

(1) "Accessible media producer" means a company or agency that [creates fully-accessible, specialized, student-ready formats for

curriculum materials]converts educational materials into formats that are accessible to individuals who require alternative formats, such as:

(a) Braille;

(b) large print;

(d) digital books.

(2) "Advisory Council" means the advisory council for the Utah Schools for the Deaf and the Blind described in Section 538-E-206.

[(2)](3)(a) "Assessment" means the process of documenting, usually in measurable terms, knowledge, skills, attitudes, and abilities

pertaining to the fields of vision and hearing.

(b) An assessment may include the following areas of focus:

(i) a valid, reliable and appropriate assessment given to determine eligibility for placement and services by a team of qualified professionals and a student's parent or guardian;

(ii) a functional assessment accomplished by observation and measurement of daily living skills and functional use of vision or hearing, or both; and

(iii) academic evaluations as part of the Statewide School Accountability System, including an alternate assessment with appropriate accommodations as indicated on a student's IEP.

[(3)](4)(a) "Campus-based program" means a program provided by USDB that offers an alternative to an outreach program for students,

ages three to 22, who are blind or visually impaired, deaf or hard of hearing, or deafblind.

(b) Under a campus-based program, services are provided by qualified USDB staff at a USDB site.

[(4)](5)(a) "The Chafee Amendment to the Copyright Act" or the "Chafee Amendment" is a federal law, 17 U.S.C. 121, that allows an

authorized entity to reproduce or distribute copyrighted materials in [specialized]accessible formats for eligible students who are blind or have other

print disabilities without the need to obtain permission of the copyright owner.

(b) Authorized entities under the Chafee Amendment include governmental agencies or nonprofit organizations that have a primary

mission to provide copyrighted works in [specialized]accessible formats for students who are blind or have other print disabilities.

[(5)](6) "Child Find" means activities and strategies designed to locate, evaluate, and identify individuals eligible for services under the

IDEA.

[(6)](7) "Consultation" means a meeting for discussion or seeking advice.

[(7) "Designated LEA" means the local education agency assigned by a student's IEP or Section 504 team to have primary responsibility for

ensuring that all rights and requirements regarding individual student assessment, eligibility services, and procedural safeguards are satisfied

consistent with the IDEA.]

(8) "Deafblindness" or "deafblind" means written verification provided by a medical professional stating that an individual has concomitant hearing and visual impairments, the combination of which causes such severe communication and other developmental and educational needs that they cannot be accommodated in special education programs solely for students with deafness or students with blindness.

(9) "Deafness" is a hearing impairment that is so severe that the student is impaired in processing linguistic information through hearing, with or without amplification, and that adversely affects a student's educational performance.

(10) "Designated LEA" means the local education agency assigned by a student's IEP or Section 504 team to have primary responsibility

for ensuring that all rights and requirements regarding individual student assessment, eligibility services, and procedural safeguards are satisfied

consistent with the IDEA.

[(10)](11) "Educational Resource Center" or "ERC" is a center under the direction of the USDB that:

(a) provides information, technology, and instructional materials to assist children who are deaf, hard of hearing, blind, visually impaired, and deafblind in progressing in the curriculum; and

(b) facilitates access to materials, information, and training for teachers and parents of children who are deaf, hard of hearing, blind, visually impaired, and deafblind.

[(11)](12) "Extension classroom" means a classroom provided by an LEA where USDB provides a full-time classroom teacher and related

services to students who remain enrolled in the LEA's general education programs.

[(12)](13) "Hearing loss" is an impairment in hearing, whether permanent or fluctuating, that adversely affects a student's educational

performance, but that is not included under the definition of deafness.

[(13)](14) "National Instructional Materials Access Center" or "NIMAC" is a central national repository that receives file sets in the

NIMAS from publishers to maintain, catalog, and house for future reference file sets for states to use with students who have print disabilities and require educational materials in accessible alternate formats.

[(14)](15) "National Instructional Materials Accessibility Standard" or "NIMAS" means the electronic standard that enables all producers

of alternate formats for students with print disabilities to work from one standard format available from publishers for this purpose.

[(15)](16)(a) "Outreach program" is a program provided by the USDB that offers an alternative to a campus-based program for students

ages three to 22 who are blind or visually impaired, deaf or hard of hearing, or deafblind.

(b) In an outreach program, services are provided at a student's resident school or at a designated school by a qualified teacher of the blind or visually impaired, deaf or hard of hearing, or deafblind.

[(16)](17)(a) "Related services" means transportation and such developmental, corrective, and other supportive services as are required to

assist a student with disability to benefit from special education.

(b) Related services may include:

(i) speech-language pathology services;

(ii) audiology services;

(iii) interpreting services;

(iv) psychological services;

(v) physical and occupational therapy;

(vi) recreation, including therapeutic recreation;

(vii) early identification and assessment of disabilities in students;

(viii) counseling services, including rehabilitation counseling;

(ix) orientation and mobility services;

(x) health services and school nursing services;

(xi) social work services in schools;

(xii) parent counseling and training; or

(xiii) low vision services.

[(17)](18) "Section 504 accommodation plan" means a plan required by Section 504 of the Rehabilitation Act of 1973, which is designed

to accommodate an individual who has been determined, as a result of an evaluation, to have a physical or mental impairment that substantially limits one or more major life activities.

[(18)](19) "Technical assistance" means assistance to public education employees, licensed educators, parents, and families in significant

areas of need by someone who has the expertise necessary to give council and training in designated areas.

[(19)](20) "Utah State Instructional Materials Access Center" or "USIMAC" means a [center]center housed at USDB that receives NIMAS

electronic file sets and other non-SBN educational materials provided by LEAs in Utah, and produces them in the accessible alternate format required

by students with print disabilities.

[(20)](21)(a) "Visual impairment," is an impairment in vision that, even with correction, adversely affects a student's educational

performance.

(b) "Visual impairment" includes both partial sight and blindness that adversely affect a student's educational performance.

[(21)](22) "Weighted pupil unit" or "WPU" means the basic unit used to calculate the amount of state funds for which a school district or

charter school is eligible.

R277-800-3. Operation of USDB.

(1) Consistent with Section 53E-8-204, the Board is the governing board of the USDB.

(2) [The USDB superintendent, appointed consistent with Subsection 53E-8-204(2), is subject to the direction of the Board and the

Superintendent.]The Superintendent with the approval of the Board, shall appoint and supervise the USDB superintendent, who reports directly to the

Superintendent.

(3) [The USDB superintendent shall serve subject to the following:

(a) the USDB superintendent's term of office is for two years and until a successor is appointed;

(b) the Board shall set the USDB superintendent's compensation for services;

(d) the USDB superintendent qualifications shall be established by the Board; and

(e) the duties of the USDB superintendent shall be established by the Board.]In accordance with Section 53E-8-201, USDB is created as an

agency of the Board and a single public school agency which includes:

(a) the Utah School for the Deaf;

(b) the Utah School for the Blind;

(d) the Parent Infant Program.

(4) The Superintendent shall [support, ]provide assistance, and work cooperatively with the USDB in providing services to designated

Utah students.

[(5) The Superintendent shall assign a liaison to provide appropriate supervision to the USDB to ensure compliance with the law.]

[(6)](5) The Superintendent shall assist the USDB, its superintendent, and associate superintendents in adopting policies and preparing an

annual budget that are consistent with the law.

[(7)](6) The Board shall approve the annual budget and expenditures of USDB.

[(8)](7)(a) The USDB superintendent shall, subject to the approval of the Board, appoint an associate superintendent to administer the

Utah School for the Deaf and an associate superintendent to administer the Utah School for the Blind.

(b) Qualifications of a USDB associate superintendent shall be aligned with the requirements of Section 53E-8-204.

[(9)](8)(a) The USDB superintendent and associate superintendents may hire staff and teachers as needed for the USDB.

(b) Educators and related service providers shall be appropriately licensed and credentialed for their specific assignments.

[(10)](9) In employment practices and decisions, the USDB superintendent shall maintain the accreditation of the USDB school and

programs.

[(11)](10) The USDB superintendent and associate superintendents shall communicate regularly and effectively with the Board and

provide a written report to the Board [at least ]annually in [adequate time before the November legislative interim meeting,]sufficient time for

inclusion in the Superintendent's Annual Report, or at such other time as requested by the Board.

[(12)](11) The USDB report shall include the data required by Subsection 53E-8-204[(6)](5)(b) and Section 53E-8-207.

[(13)](12) USDB shall ensure that each child or student served by USDB is assigned a unique student identifier (SSID) to allow for annual

data collection and reporting of achievement of current and past students.

[(14)](13) USDB shall provide the Superintendent with a listing of past and current children or students, including the assigned unique

student identifier, served by USDB by September 1 of each year to facilitate the required data collection.

[(15)](14) [The USDB Advisory Council shall fulfill the role of a school community council in accordance with Section R277-477-

3.]Consistent with Section 53E-8-206, the USDB Advisory Council shall:

(a) serve as a school community council;

(b) make recommendations to the Board regarding USDB programs and services;

(d) in accordance with Section 53E-8-407 make recommendations regarding educational enrichment programs for the Blind and Visually

Impaired and Deaf and Hard of Hearing students.

(15)(a) USDB shall, on October 1 of each year, determine the number of students:

(i) for whom USDB serves as the designated LEA;

(ii) who receive services in the student's LEA of record with support from USDB;

(iii) who receive services from both USDB and the student's LEA of record; and

(iv) who participate in any other program provided or facilitated by USDB.

(b) USDB shall annually report to the Board.

(i) student counts described in Subsection (15)(a), categorized by eligibility type and LEA of record;

(ii) the type and extent of services provided; and

(iii) for students receiving mixed services, the division of educational time between service delivery systems.

R277-800-4. USDB or Student's District of Residence or Charter School as Designated LEA.

(1) To be eligible to receive free services from the USDB, a student must meet the requirements of Section 53E-8-401.

(2)(a) A student's IEP or Section 504 accommodation plan shall determine a student's placement at the USDB, in a district school or charter school.

(b) For students who are school-age as defined in Section 53G-6-201, USDB shall limit its services[ for students who are school-age] to

those on an IEP or Section 504 accommodation plan except as otherwise provided for the enrollment of hearing siblings under Section R277-800-9.

(3) Consistent with Subsection 53E-8-401(3), an IEP team or Section 504 team shall determine the appropriate placement for each blind, deaf, or deafblind student consistent with Board Special Education Rules incorporated by reference in Section R277-750-2.

(4)(a) It is the responsibility of the student's district of residence or charter school to conduct Child Find, and to convene the initial IEP or Section 504 team meeting to determine a student's placement.

(b) A student's initial IEP or Section 504 accommodation plan meeting shall include a representative from the student's district of residence or charter school and a representative from the USDB.

(5)(a) If USDB is the designated LEA for a student, USDB has full responsibility for all services defined in the student's IEP or Section 504 accommodation plan.

(b) Notwithstanding USDB's designation as LEA for a student, a representative from the district of residence or charter school remains a required member of the IEP or Section 504 accommodation plan team.

(c) when USDB is designated as the LEA for a student consistent with Subsection 53E-8-201(2)(b), USDB and the student's LEA of

record shall enter into an educational partnership agreement that:

(i) provides for USDB to report academic performance to the LEA of record; and

(ii) ensures that the LEA of record monitors the student's academic performance.

(6) If a district of residence or charter school is the LEA designated to provide services to a student with an IEP or Section 504 accommodation plan, the district of residence or charter school has the responsibility for providing instruction and services for the student except that the USDB:

(a) may be designated by the team as a related service provider; and

(b) remains a required member of the student's IEP or 504 accommodation plan team.

(7) A student's IEP or Section 504 accommodation plan shall clearly define what services are to be provided by a related service provider.

(8) The IEP or Section 504 accommodation plan team shall determine the designated LEA for student placement.

(9) If a parent is dissatisfied with a student's placement at USDB, the student's district of residence, or charter school, the parent may access dispute resolution procedures, consistent with Utah State Board of Education Special Education Rules, adopted by the Board in Section R277-750-2.

(10) If a student's IEP or Section 504 accommodation plan provides for services to be provided by both the USDB and the student's district of residence, or for the USDB and district of residence to share responsibility for serving a student, a parent may access dispute resolution procedures consistent with Utah State Board of Education Special Education Rules, adopted by the Board in Section R277-750-2.

(11) Beginning July 1, 2027, if USDB is designated as the LEA for a student, the student's LEA of record shall:

(i) include the student in the LEA's average daily membership; and

(ii) remit 95% of applicable per pupil state and federal funding associated with the student to USDB.

R277-800-5. Assessment of USDB Students Served in LEAs of Residence.

(1) An appropriate specialist shall assess a student who may be deaf, hard of hearing, blind, visually impaired, or deafblind using statewide assessment results and in compliance with Board rule and state and federal law.

(2) The USDB shall establish an assessment policy and guidelines to implement required assessments, which address:

(a) appropriate, complete, and timely evaluations of students;

(b) procedures for administration of assessments in addition to those required by the law, as determined by IEPs, Section 504 accommodation plans, and individual teachers;

(c) complete and accurate required assessments available to eligible students consistent with state and LEA assessment timelines and availability of materials for non-disabled students;

(d) staff professional development and preparation on appropriate administration of assessments and reporting of assessment results; and

(e) procedures to ensure appropriate interpretation and use of assessments and results for parents and USDB personnel.

R277-800-6. Extension Classrooms.

(1) The USDB and an LEA may negotiate to share the costs for providing more efficient, cost-effective, and convenient services to students who are deaf, blind, or deafblind in extension classrooms in locations other than the USDB campus.

(2) If the USDB and an LEA enter into an agreement in accordance with Subsection (1), the LEA shall provide:

(a) classrooms;

(b) basic instructional materials;

(c) physical education, music, media, school lunch, and other programs and services, consistent with those programs and services provided to other students within the LEA;

(d) administrative support;

(e) basic secretarial services;

(f) special education and related services; and

(g) IT support.

(3) If the USDB and an LEA enter into an agreement in accordance with Subsection (1), the USDB shall provide:

(a) classroom instructors, including aides; and

(b) instructional materials specific to the disability of the students.

(4) An agreement pursuant to Subsection (1) may reassign the responsibilities of the USDB and a school district or charter school as negotiated between the LEA and the USDB.

(5) An LEA shall claim the state WPU if the LEA provides all items or services identified in Subsection (2).

R277-800-7. USDB Fiscal Procedures.

(1) The USDB shall keep fiscal, program, and accounting records as required by the Board and shall submit reports required by the Board.

(2) The USDB shall follow state standards for fiscal procedures, auditing, and accounting, consistent with Subsection 53E-8-203(3).

(3) The USDB is an [public state entity]agency under the direction of the Board and as such is subject to state laws and exemptions

consistent with Section 53E-8-203.

(4)(a) The Superintendent shall recover federal reimbursement funds, IDEA, and Medicaid quarterly during the year.

(b) The Superintendent shall identify reimbursement amounts in the current year's budget, but in no event later than the subsequent year's budget.

(5)(a) The USDB shall use the revenue from the federal trust land grant designated for the benefit of the blind and the deaf, solely for the benefit of deaf, blind, and deafblind students.

(b) The recommended or designated use of federal trust land funds is subject to review by the Board.

(6) USDB and LEAs shall comply with funding transfer requirements described in Subsection R277-800-4(11).

R277-800-8. Utah State Instructional Materials Access Center.

(1) USIMAC shall acquire or produce core educational materials, including print and digital textbooks and related core materials, in

accessible formats to ensure that all students eligible under the Chafee Amendment receive [their]these materials in a timely manner.

(2) The Superintendent shall oversee the operations of the USIMAC.

(3) The USDB is the fiscal agent and operates the USIMAC to the extent of funds received annually from budgetary appropriations.

(4) An LEA may purchase or provide accessible educational materials from another source using the LEA's own funding or request the production of accessible educational materials in accessible formats from USIMAC in accordance with established procedures to ensure timely access for eligible students.

(5)(a) USIMAC shall provide a textbook and related core educational materials in an accessible format by the beginning of the school year if requested no later than April 1 of the preceding school year by an LEA.

(b) Notwithstanding Subsection (5)(a), if an LEA requests educational materials in Braille, USIMAC will provide the first three volumes of a textbook by the beginning of the school year, and will provide additional volumes ahead of the pacing guide submitted by the LEA.

(6) The USDB Educational Resource Center shall serve as the repository and distribution center for USIMAC.

(7) A student is eligible for accessible educational materials from USIMAC, including Braille, audio, large print, or accessible PDFs, following an LEA determination that the student is eligible in accordance with:

(a) the Chafee Amendment;

(b) IDEA; or

(8) An LEA may request textbooks consisting of static text and images for eligible students served by the USDB or the LEA consistent with a student's IEP or Section 504 accommodation plan.

(9) When an LEA requests a core instructional textbook, USIMAC may:

(a) provide the textbook to the LEA from its existing inventory;

(b) purchase the textbook and provide the textbook to the LEA from another source, which may include;

(i) the American Printing House for the Blind using state acquired federal funds designated specifically for USIMAC materials; or

(ii) another accessible media producer; or

(c)(i) require the LEA to provide a regular hard print copy of the textbook, or equivalent digital file in PDF format for digital print

textbooks; and

(ii) produce and distribute the textbook in the needed accessible format.

(10)(a) An LEA [or ]shall require a publisher [shall]to send hard copy and digital textbooks and related core educational materials adopted

by the LEA to the NIMAC in a valid XML-based NIMAS format for use in the production of accessible formats such as Braille, large print, and digital text.

(b)(i) Teacher-created educational materials, other than textbooks and related educational materials approved by an LEA, are not eligible for submission to USIMAC.

(ii) An LEA is responsible to make materials described in Subsection (b)(i) accessible and to provide the materials to students in a timely manner.

(11)(a) All approved textbook and digital textbook contracts for the [state of ]Utah for educational materials, textbooks, and related core

printed materials shall include a provision for making NIMAS file sets available through the NIMAC in accordance with the IDEA and Board Instructional Materials Contract timelines.

[(b) If USIMAC cannot obtain the NIMAS file set from the NIMAC because the publisher fails to timely provide the NIMAS file set to the

NIMAC in accordance with the IDEA and Board Instructional Materials Contract timelines, USIMAC may:

(i) bill the textbook publisher the difference in the cost of producing the alternate format textbook without the benefit of the NIMAS file

set; or

(ii) request authorization from the Board to seek damages from the publisher for failure to meet contract provisions.

[(d)](b) The Utah Instructional Materials Commission created under Rule R277-469 may not approve textbooks and materials from

publishers that have a pattern of not providing materials and textbooks for students with disabilities in a timely manner, consistent with the law and Board rules.

(12)(a) An LEA may request and access audiobooks through USIMAC, as appropriate, or through other sources.

(b) Membership required for other sources is the responsibility of the LEA designated as the responsible entity for serving the student in the IEP or Section 504 accommodation plan.

R277-800-9. Enrollment of Siblings.

(1) Subject to available funding, USDB may enroll the sibling of a student who is deaf subject to the considerations set forth in this Section R277-800-9.

(2) A hearing sibling attending USDB retains all rights of a traditional public school student.

(3) Enrollment of a hearing sibling is limited to:

(a) siblings of students who are enrolled in a campus program; and

(b) one hearing sibling per class.

(4) The USDB Superintendent shall evaluate the enrollment of a hearing sibling, including:

(a) whether enrollment of the hearing sibling would be a benefit to:

(i) the student who is deaf;

(ii) the hearing sibling; and

(iii) the other students in the deaf program; and

(b) whether the hearing sibling has a record of behavior problems or other conditions that would impede the development of the students who are deaf or hard of hearing.

(5) If a parent enrolls a hearing sibling at USDB, the parent shall agree at the time of registration:

(a) that enrollment for the hearing sibling is within the discretion of the school and may be rescinded at any time with or without cause; and

(b) that the hearing sibling knows or is willing to learn American Sign Language and embrace the Deaf culture while at school.

R277-800-10. Capital Facilities.

(1) The Board shall oversee the long-term planning, development, and review of capital facilities for USDB in coordination with the

Division of Facilities Construction and Management, in accordance with Section 53E-8-205.

(2) Before seeking funding for new capital facilities, the Board shall conduct an exhaustive review of available LEA facilities and consider

opportunities for shared space.

(3) The Board shall review and approve capital facility requests in a public meeting before submission to the Legislature.

KEY: educational administration

Date of Last Change: 2026[November 7, 2025]

Notice of Continuation: August 19, 2021

Authorizing, and Implemented or Interpreted Law: Art X Sec 3; 53E-3-401(4); 53E-8-204; 53E-8-402; 53E-8-409

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