Parents of children with special needs face many challenges that demand time, patience, and unwavering love. Finding the proper educational placement and programs for your child can be mentally and emotionally exhausting – especially when you don't understand all the federal, Utah state, and local laws that protect your student. However, familiarizing yourself with the laws and policies that protect your child is one of the best ways to help them prepare for their future. Our Education Law Team at the Lento Law Firm has unparalleled experience advocating for special needs children. Look no further if you need help advocating for your special education student in the Salt Lake City Metropolitan area. Contact us today.
The Salt Lake City Metropolitan Area
The Salt Lake City Metropolitan Area, also called the Salt Lake Valley, is the largest metropolitan area in Utah. An escape for outdoor enthusiasts, the area is set against the backdrop of the Wasatch Mountains, Salt Lake Valley, Jordan River, and Great Salt Lake. Top employers in the area include Intermountain Healthcare, Delta Airlines, and Adobe Systems. Nicknamed the “Silicon Slopes,” the area attracts many families working for employment in technology.
According to data from the 2021 Census, the area is home to approximately 1,263,061 people, spread out over 7,684 square miles. Most of the population includes married households, followed by households of non-family members and female-led households. The area is made up of the following counties and cities:
- Salt Lake
- Salt Lake City
- West Valley City
- West Jordan
- Sandy
- South Jordan
- Millcreek
- Taylorsville
- Herriman
- Draper
- Murray
- Tooele
- Tooele
- Stansbury Park
- Grantsville
- Stockton
- Erda
- Lake Point
- Wendover
- Rush Valley
- Dugway
- Ophir
- Vernon
Additional unincorporated townships include:
- Copperton
- Dugway
- Emigration Canyon
- Erda
- Granite
- Kearns
- Magna
- Pine Canyon
- Snowbird
- Stansbury Park
- White City
School Districts, Private Schools, and Universities in the Salt Lake City Metropolitan Area
The Salt Lake City Metropolitan area is home to dozens of school districts that span a wide array of socioeconomic communities. Some school districts include Canyons School District, Salt Lake School District, Jordan School District, and Granite School District. Although each of these districts may have different policies in place for their disabled students, they must follow federal and state education laws.
Some well-known private schools include Waterford School, Rowland Hall, Intermountain Christian School, and Anthem Preparatory School. Usually, these schools will not be bound by the same federal education laws because they typically do not accept federal funding.
What Special Education Laws Apply in Private Schools?
Section 1412 of the Individuals with Disabilities Education Act addresses what special education laws apply in private schools. Although the general rule is that private school students are not owed the same special education services as public school students, there are instances where a private school student can qualify for free services from their local school districts. For example, if a school district determines they are not equipped to provide the services or classroom a student needs, it may place the student in a nearby private school designed to meet their needs.
If you have questions about what special education laws and local policies apply to your private school student, contact the Education Law Team today.
Colleges and Universities
A handful of higher education institutions in the area include Bringham Young University (“BYU”), the University of Utah, and Westminster University. Although the IDEA (discussed below) does not apply at the collegiate level, students with Individualized Education Plans (“IEPs”) in high school can use their special education experience to advocate for themselves at the collegiate level. Fortunately, portions of the Americans With Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act of 1973 (both discussed below) apply and protect disabled college students from unlawful discrimination.
If you are a college student with special needs and feel as though you need help navigating your disability rights on campus, contact our Education Law Team today.
Federal Special Education Laws
Special education law is primarily governed by federal laws that state schools must adopt as a condition to their receipt of federal funding. The two significant pieces of federal legislation that address special education rights are the Individuals With Disabilities Education Act (the “IDEA,”) and the Americans With Disabilities Act (“ADA.”)
The Individuals With Disabilities Act
The IDEA is a federal law that protects the rights of students with disabilities by requiring school districts to provide modifications, support, and services tailored to their unique educational needs. Students are eligible for special education under the IDEA if they are 3-21 years old. Eligibility expires when a student graduates from high school or turns 22, whichever comes first. Several key provisions of the IDEA are discussed below.
Free and Appropriate Public Education (“FAPE”)
The most frequently used term from the IDEA is the acronym “FAPE,” which stands for free and appropriate public education. Under the IDEA, public schools must provide eligible students with a FAPE, which is simply a unique education program that meets their individual needs at no cost. Federal legislation states that a child receives FAPE if they are prepared for further education, employment, and independent living.
If a school district fails to provide a disabled student with FAPE, parents can bring a due process complaint to recover compensatory education hours and funds. The various laws, policies, and statutes governing whether a student receives FAPE are nuanced, and each student's case must be evaluated individually.
Child Find
Under Section 300.11 of the IDEA, school districts must adhere to a doctrine known as “Child Find.” Child Find requires school districts to find, identify, and assess any student within their district who may need special education services. The IDEA places this burden on educators rather than parents because it assumes educators have the necessary experience and training to recognize hallmark symptoms of disabilities and understand that they may be the symptom of a more significant issue.
Under Child Find, if an educator has any reason to suspect that a student may have a disability, they must arrange for the student to be assessed for special education services. The IDEA dictates stringent guidelines and timelines that a school district must follow to ensure timely and thorough assessments. If you believe your student's educators have overlooked potential signs of a learning disability, contact our Education Law Team Today.
IEP Eligibility
If your child already has an IEP or has been denied an IEP, you have likely heard the term “eligibility.” After conducting thorough assessments, a school district must determine whether that student qualifies for special education services. Under the IDEA, a student can qualify for special education services if they have a disability in one or more of the following 13 separate eligibility categories:
- Specific learning disabilities such as dyslexia or dysgraphia.
- Other Health Impairments that may limit a student's strength, energy, or alertness, such as ADHD.
- Autism Spectrum Disorder.
- Emotional Disturbances such as generalized anxiety disorder, depression, oppositional defiant disorder, etc.
- Speech and Language Impairments such as receptive or expressive speech disorders.
- Visual impairments.
- Deafness.
- Hearing impairments that are not considered deafness.
- Deafblindness.
- Intellectual Disabilities such as Down Syndrome, Fetal Alcohol Syndrome, or lower-than-average cognitive abilities.
- Orthopedic impairments such as Cerebral Palsy.
- Traumatic Brain Injury.
- Multiple Disabilities
In instances where a student has multiple disabilities, such as autism and deafness, etc., a school district must provide services in all areas of need, regardless of the student's primary eligibility category. Contact our Education Law Team today if you do not feel your student is being provided with services in all areas of need.
Least Restrictive Environment
Section 300.114 of the IDEA addresses a legal requirement under the IDEA known as “Least Restrictive Environment” or “LRE.” The LRE requirement mandates that students with special needs must be educated to the maximum extent possible alongside their non-disabled peers. This concept emphasizes that special needs students should not be segregated from the general education classroom. Although the goal of an LRE analysis is to maximize a student's ability to participate in the general education environment, the law recognizes that in certain instances, special education students should be placed in a separate environment to receive the one-on-one assistance they need.
Individualized Education Plans
After determining eligibility for special education services, a school district must promptly provide the student with an Individualized Education Plan (“IEP”). An IEP is a legally mandated document under the IDEA that outlines the specific services and accommodations a student with disabilities may need at school to access their education. IEPs are in effect for a year, after which they must be evaluated to determine their effectiveness. Like a contract, if a school district fails to adhere to an IEP's terms, they have breached their agreement with a student and can be held legally accountable.
What Should an IEP Include?
Although each IEP will differ from student to student, Section 300.321 of the IDEA requires that each IEP include the following components:
- A description of the student's “present levels of academic and functional performance,” which will be used to help the team draft the student's upcoming goals.
- Annual goals that are uniquely tailored to a student's needs. These goals must be measurable and ambitious.
- A statement on what related services (if any) will be implemented to help students achieve their goals and access their education. Some examples of related services include individual instruction, occupational therapy, speech and language services, etc.
- Any accommodation on campus that will help students more easily access their education, such as preferential seating, assistive devices, etc.
- Any modifications to the curriculum that the team may decide on, such as limited homework assignments, longer time to complete tasks, etc.
- A description of the student's academic placement with specific attention to how much time a student will spend in general education versus a particular education setting.
Additional items can vary from student to student but can include statements on the student's behavior, testing results, etc. If a school district fails to adequately address one of the sections on a student's IEP, parents may be able to seek compensatory education under a due process complaint.
The Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973
The Americans with Disabilities Act protects all disabled students from preschool through post-secondary education by ensuring that they receive educational opportunities in a manner that is equal to their non-disabled peers. This means that schools must provide things like services, programs, accommodations, and activities for disabled students that help them integrate into campus life. If schools fail to make their buildings or programs accessible, for example, failing to make dorms wheelchair accessible, then students should consider bringing discrimination claims against their school for violations of their civil rights.
Equally important, Section 504 of the Rehabilitation Act of 1973 (“Section 504”) requires schools to make modifications to their policies and practices so students with disabilities can participate in school programs and activities “alongside their non-disabled peers as much as possible.” For example, suppose a student with a neurological condition is not mobile. In that case, the district should develop a 504 Plan that accommodates the student by offering transportation assistance, modified physical education opportunities, etc.
What Laws Address Bullying?
Special needs students are often targeted by their peers for their differences and are subject to taunting, teasing, and bullying at school. This can further affect their ability to focus on school and access their education in the classroom. At the same time, the IDEA does not explicitly address bullying; Section 504 and the ADA mandate that schools must create safe and inclusive environments for disabled students.
Title 53G, Chapter 9, Part 6 of the Utah State Code defines the various actions that qualify as unlawful bullying on school campuses, including causing:
- Physical or emotional harm.
- Damage to another student's property.
- A hostile, threatening, abusive, or humiliating environment.
- Substantial interference with a student's educational environment.
- Hazing.
- Cyberbullying.
Utah Special Education Laws
To receive federal funding, states must adopt their own laws and policies that implement the IDEA, sections of the ADA, and Section 504 in their public schools. Utah adopts federal legislation for special education students in Section 53E-3-401(4) of the Utah Annotated Code. Utah's adoption details specific policies and procedures school districts should follow to comply with the IDEA and includes various sections on issues such as assessments, Child Find, and staffing requirements.
Special Education Attorney-Advisors in the Salt Lake City Metropolitan Area.
As a parent of a student with special needs, you must familiarize yourself with your student's rights to evaluate whether your child's school district has offered them everything they are owed under federal laws, Utah State laws, and local policies. Fortunately, our compassionate Education Law Team at the Lento Law Firm can help you navigate the various laws, regulations, and policies that protect your student's education rights. We care about your child's rights and educational future. Contact us today by calling (888)535-3686 or visiting our online contact form.
