Part 2: USDB Update on Eligibility Protocol

USDB: Update on Eligibility Protocol

For many years, because of the Utah Code that regulated Utah Schools for the Deaf and the Blind (USDB), USDB served only students who were qualified for special education under IDEA. This Code directly impacts the ability of USDB to provide services to all deaf, blind and deaf-blind students because it requires all USDB students to have IEP goals set up. That means when students achieve academically on grade-level, they were no longer qualified for special education. They are thus automatically moved out of the USDB/JMS system and placed in a mainstream setting at their local school districts, out of USDB’s jurisdiction.

During this transition in placement, aspects of students’ language, communication and social needs were often overlooked and not always addressed in the mainstream setting. Families moved out of the state to other school districts to obtain better school placement choices.

On February 6, 2008, a group of concerned legislators sent a letter to the Utah State Board of Education (USBE) regarding the eligibility of students to be served by USDB. On February 28, 2008, the Institutional Council (IC) voted unanimously to allow deaf, blind and deaf-blind students who achieve grade level standards to remain at USDB. Upon IC’s approval, Karl Wilson, liaison to USDB from Utah State Office of Education, responded to Utah State Legislature’s letter concerning USDB in the USBE meeting on March 7, 2008. He requested that USBE allow students who are achieving at or above grade-level to continue to be served by USDB until the USDB Legislative Task Force develops language for a permanent revision to the Utah Code for the 2009 legislative session.

Language that revises the eligibility requirements would mean that a wider variety of grade-level students, thus raising academic expectations overall.