For students with disabilities, special education is not an optional part of their learning process but a mandatory component. Both federal and Utah law require public schools to provide special education to qualifying students.
All children have the right to a K-12 education in the United States. A disability does not lessen a child's right to that education. This is why special education services are part of that education when a student has disabilities.
Utah provides a range of options and services to assist students with disabilities and their families. If and when school districts fail to provide the required support and accommodations, families have several options to address the issue.
The team at the Lento Law Firm assists families nationwide with finding solutions. We know the importance of your child's education. If your student isn't getting the special education services they need, call us at 888-535-3686 or connect with us online.
What is Special Education?
In its Special Education Rules, the Utah State Board of Education defines special education as:
“Specially designed instruction, at no cost to the parent(s) or the student who is an adult, to meet the unique needs of a student with a disability … At no cost means that all specially designed instruction is provided without charge but does not preclude incidental fees that are normally charged to students who are nondisabled or their parent(s) as part of the regular education program.”
This definition comes from federal law, although Utah adds the information regarding cost. This is an important part of special education in the United States: Public schools cannot charge families for services a student receives as a result of the student's disability.
When a student or family pays for fees, it is when all students pay, such as for a field trip. Schools are breaking the law if and when they require families to pay for special education services.
Special education has no relation to a student's intelligence. For some students, the need for special education is simply due to how they learn.
Special education provides services and accommodations students require as part of their education. It's not an extra or bonus but crucial support.
Federal Law
Three federal laws protect disability rights in the United States. They are the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the Individuals with Disabilities Education Act (IDEA).
The ADA has the widest reach, and IDEA has the narrowest. For children and K-12 students, IDEA is the primary law, although Section 504 has an important role as well.
For families whose children attend private or charter schools, they should be aware that the rules apply to non-public schools differently. While these schools may have similar policies and procedures as public schools, they do not have the backing of federal or Utah law.
If and when a dispute arises, students and families may have more limited options when they disagree with a private or charter school's decision. Private schools have the fewest laws, while Utah does have some rules in place for charter schools.
IDEA
IDEA applies to all K-12 public schools and all children between the ages of 3 and 21 who haven't graduated from high school. Children can begin receiving support through IDEA before they begin school, and the law extends to transition services to help high school students prepare for adulthood.
Students with disabilities who qualify for support under IDEA will receive an Individualized Education Program (IEP). An IEP is a written document that details the services, support, and accommodations a student needs as part of their education.
School staff members and parents or guardians will meet to determine what a student's IEP includes. Depending on their age and disability, students may also attend IEP meetings. Parents and guardians may wish to include older students as part of preparing them for adulthood.
IDEA requires that families meet with school staff annually to revise IEPs. Families should take advantage of these annual meetings to update IEPs to better reflect their student's current age and skill level. Parents and guardians may also request meetings when they think a student's IEP needs revision or is not being properly implemented.
Section 504
For students who do not qualify for support under IDEA, they may still receive support via Section 504. The Utah Parent Center offers several resources on Section 504 and 504 Plans, including:
Students who qualify for support under IDEA are still covered by Section 504. This includes reducing barriers that limit a student's participation in school activities, including field trips.
The Differences Between the ADA, IDEA, and Section 504
Utah provides an overview of the differences between the ADA, IDEA, and Section 504. Some of the key distinctions:
- Under IDEA and Section 504, K-12 public school districts have the responsibility to identify any children with a disability. Under the ADA, the responsibility shifts to students and their families, who must provide documentation of the student's disability.
- IDEA has the narrowest definition of a disability, and the ADA has the broadcast.
- IDEA focuses on providing services and accommodations, while Section 504 and the ADA focus on eliminating barriers that would restrict participation in the general school population, including programs and events outside of the classroom.
- IDEA and Section 504 both have plans for students with disabilities. The ADA does not.
The Utah State Office of Education produced a video on the differences between an IEP and a 504 Plan for parents and guardians. They also publish a chart on the differences between IEPs and 504 Plans. Both resources can help families determine which option is the better fit for their child.
Dispute Resolution
When disagreements arise between schools and families, Utah provides families with the following dispute resolution options:
- IEP Facilitation Meeting
- Mediation
- State Complaint
- Due Process Hearing
Facilitation and mediation tend to be more collaborative. For both, a neutral third party assists families and schools to have a conversation that results in a resolution. Due process hearings are similar to a traditional courtroom trial.
As much as possible, families should first arrange to meet with members of the school staff to discuss the issue and work to find a solution. The Lento Law Firm Team assists families in finding the best dispute resolution option for their situation.
Common Terms
Special education has several terms and acronyms that are unique to the specialty. For families encountering special education services for the first time, these terms and acronyms can be a source of confusion.
To help families with this transition, some school districts provide a list of commonly used acronyms and terms. Canyons School District provides one such list.
Three of the more frequently used terms are free appropriate public education (FAPE), least restrictive environment (LRE), and reasonable accommodations.
FAPE refers to the right that all children have access to a K-12 education. For students with disabilities, FAPE includes special education services.
As much as possible, students with disabilities are placed in general education classrooms and included in the general school community. The term for this placement is LRE. While LRE and participation in the general school community are important, all placement considerations should focus on a student's needs and what is in their best interest.
Some students may benefit from more time in therapy or other one-on-one support or attending specialized schools. Jordan School District has three schools for students who need more intensive or specialized support. The district also has a preschool program with early intervention services.
Finally, all schools must provide students who have disabilities with reasonable accommodations. Accommodations must be effective to qualify as reasonable. They do not have to be the most effective, the newest, or the most expensive. School districts do not have to offer an accommodation because another district offers that service. Accommodations must also not place an undue burden on the school or a member of the school community. An accommodation with a high price tag or one that puts a significant burden on a member of the school staff is less likely to be approved.
Who Qualifies for Special Education?
Students can qualify for special education services under IDEA or Section 504. In general, all students who qualify under IDEA will qualify under Section 504. Students who do not qualify for special education services under IDEA may qualify under Section 504, which has a lower bar for eligibility.
Students who qualify under IDEA will get an IEP. If they are eligible under Section 504, they get a 504 Plan.
IDEA uses a set list of disabilities for qualification. In Utah, these are:
- Autism
- Deafblindness
- Developmental Delay
- Emotional Disturbance
- Hearing Impairment/Deafness
- Intellectual Disability
- Multiple Disabilities
- Orthopedic Impairment
- Other Health Impaired
- Specific Learning Disability (SLD)
- Speech-Language Impairment
- Traumatic Brain Injury (TBI)
- Visual Impairment
To learn more about each disability, Utah also provides a definition of each disability.
IDEA has a second component to qualify for an IEP. A student's disability must affect their education. A student may have a qualifying disability, but if that disability doesn't impact their ability to learn, they may not qualify for an IEP.
The Healthy Kids Podcast, part of the University of Utah, has an episode on how to recognize a potential learning disability.
Defining Disability Under Section 504
Section 504 defines a student with disabilities as someone who:
- Has a physical or mental impairment that limits at least one major life activity
- Has a record of such an impairment
or
- Is regarded as having an impairment
Students who do not qualify under IDEA may qualify for a 504 Plan.
How to Qualify for Special Education
Proper diagnosis of their disability is critical for students. While standardized testing may be one reason a student is referred for assessment, the actual evaluation should be on an individual basis.
The general steps for qualifying are:
- Referral
- Assessment and evaluation
- Eligibility Determination
- IEP and/or 504 meeting if eligible
Families may dispute a school district's decision at any point during this process. Disagreements can include a district's refusing to evaluate a student and what's included in a student's IEP.
As the Alpine School District Manual highlights, charter schools are responsible for identifying their students for potential disabilities. They cannot refer students to a public school district. Unlike public schools, charter schools have no obligation to assist students who attend private schools or are homeschooled.
Public school districts, in contrast, do have an obligation to identify and evaluate all children within their boundaries.
Effective Assessments
Parents and guardians should ask school districts about assessments and how a school's evaluation process includes different manifestations of a disability. IDEA requires that evaluations be “sufficiently comprehensive.”
One example is how disabilities can show up in boys and girls. Recent research has shown that both dyslexia and autism can manifest differently in boys and girls. While initial research indicated boys were more likely to have autism, more recent studies indicated it's more that boys with autism are more likely to be diagnosed. For dyslexia, while current studies indicate the disorder is more common in boys than girls, differences in brain anatomy suggest that girls with dyslexia may be overlooked.
Utah Resources
Funded by the U.S. Department of Education, one of Utah's best resources on special education is the Utah Parent Center (UPC). The organization provides resources on disability-specific support and a range of subjects, from assistive technology to early intervention.
Families may also benefit from Utah's Special Education Rules. This PDF provides details on all of the relevant rules and policies on special education.
The Utah Schools for the Deaf and the Blind offer both residential academic programs and statewide outreach. For students who qualify for support, these programs are available at no charge to their families. Utah is also the only state that offers dedicated support for students who are deaf-blind.
The state also offers the Carson Smith Special Needs Scholarship. With few exceptions, students must have an existing IEP to apply for the scholarship, which will pay part of the tuition costs to attend a private school. The family will be responsible for the additional fees.
Utah has a statewide Multi-Tiered System of Support (MTSS). This framework combines assessment and evidence to improve student performance and reduce disciplinary issues. All students qualify for Tier 1 support, while Tier 2 and Tier 3 are for students who require additional support. That a student requires support from Tier 2 and 3 does not mean they qualify for special education services.
Park City School District is one example of a district that has implemented the state's MTSS model as part of its curriculum.
Protect your Student's Education
For students with disabilities, special education is education. If and when school districts fail to provide needed services and support, families have options to address the issue and find a resolution.
The Lento Law Firm Team helps families protect their child's right to an education. Contact us at 888-535-3686 or online to learn more about how we can assist you and your student.
