In Utah, we value our state's strong educational opportunities and our exceptional public school system. However, even the best school districts in the state can pose challenges for students with disabilities and their families. That's why Congress enacted legislation like the Americans with Disabilities Act (ADA) and the Individuals with Disabilities Education Act (IDEA). Federal laws and regulations, combined with Utah state law, help protect the rights of children with disabilities and ensure they get the services and support they need to be successful in school.
While we have a strong foundation for disability law protecting students in Utah, navigating the process of requesting an evaluation or challenging a school decision can be difficult. The complex web of regulations and laws requires the knowledge of someone well-seasoned in handling education disability conflicts to advocate for your student and your family. Contact the experienced Education Law Team at the Lento Law Firm has helped families like you in Utah and across the country for years. Call us at 888-535-3686 to schedule your consultation.
The Ogden and Clearfield, Utah Areas
More than 687,000 people live in the Ogden and Clearfield, Utah communities, located in Weber and Davis counties, right on the beautiful Wasatch Front. The towns and their suburbs lie in neighboring counties, and the unified community is noted for its high-quality schools. Many families move to the area for its top-notch educational opportunities.
Some of the largest school districts in and near Ogden-Clearfield include:
- Alpine School District
- Davis School District
- Granite School District
- Jordan School District
- Washington County School District
- Nebo School District
- Canyons School District
- Weber School District
- Tooele School District
- Salt Lake School District
- Ogden City School District
- Wasatch County School District
Some of the most popular schools in Davis and Weber counties include:
- Syracuse High School
- Layton High School
- Davis High School
- Farmington High
- Clearfield High School
- Northridge High School
- Fremont High School
- Weber High School
- Roy High School
- Bonneville High School
- DaVinci Academy
- Wahlquist Junio High School
- Ogden High School
- Rocky Mountain Junior High School
- Orion Junior High School
- Ogden Preparatory Academy
- Roy Junio High School
- Quest Academy
- Kanesville School
Colleges and University Disability Issues Versus K-12 Schools in Utah
Utah also boasts excellent secondary education institutions, ranging from community and technical colleges to major research institutions like the University of Utah and Brigham Young University. Other popular schools include:
- Eagle Gate College in Layton, Salt Lake City, and Murray
- Broadview University in Layton and West Jordan
- Weber State University
- Stevens Henager College
- Latter Day Saints Business College
- Westminster College
- Salt Lake Community College
- Fortis College Salt Lake City
- Independence University
- Neumont College of Computer Science
- Ogden-Weber Technical College
- Davis Technical College
- Sage Truck Driving School
- Avalon School of Cosmetology
- Myotherapy College of Utah
- Skinworks School of Advance Skincare
- Midwives College of Utah
Trade schools, colleges, and universities in Utah must still comply with all state and federal laws and regulations for disabled students, but the regulations aren't as strict for students over 18.
Once your child is a legal adult, you will no longer be considered their legal and academic advocate. Your child will be the main point of contact for all disability-education issues and will be expected to advocate for themselves. After high school graduation, IDEA no longer applies to your student. That means your child's college, university, or trade school isn't required to follow an IEP. However, many colleges use IEPs and 504 plan accommodations and service recommendations as guides to develop the best approach to assist and support your student, setting them up for success.
Understanding IEPs, FAPE, and Reasonable Accommodations in Utah
Under federal and state law, your Utah public school must provide your child with the educational resources, services, and support they need to utilize a “free and appropriate public education.” Your child's educational rights in K-12 public schools and, to some extent, colleges, universities, and trade schools are protected by federal laws like the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Improvement Act (IDEA), and Section 504 of the Rehabilitation Act of 1973. However, secondary education institutions don't have to meet the same requirements as K-12 schools, where special education is more highly regulated.
Some of the key terms to understand related to federal special education include:
- Free Appropriate Public Education (FAPE): In the U.S., all students have the right to a “free and appropriate public education.” If your student needs additional services and support to access that education, you are entitled to receive these without charge. All students in the U.S. have a right to a free and appropriate public education.
- Least Restrictive Environment (LRE): The “least restrictive environment” is the one that obstructs or restricts your student's learning environment to the smallest degree. For many children, an LRE may include placing them in a mainstream classroom rather than one dedicated solely to special education students. This provides special education students with the most opportunities for growth and keeps the school community open and inclusive for all children.
- Individualized Education Programs (IEPs): The Individuals with Disabilities Education Improvement Act requires your school district to work with you to create an individualized learning plan for your special education student. This Individualized Education Plan (IEP) lays out the services and support the school district will give your child to succeed in school. This IEP is a legal document that the school must follow.
- Reasonable Accommodations: Section 504 of the Rehabilitation Act of 1973 allows your school to make “reasonable accommodations” to make education more accessible for your special education student. The school does not have to grant every request. Rather, they will consider your request's expense, practicality, and reasonableness. These accommodations should help place your student on a level playing field with students who don't have disabilities.
Your school district will use IEPs, accommodations, and the least restrictive environment to help your child with disabilities access a free and appropriate public education.
Utah State Disability Education Law
In Utah, state disability education law mirrors much of federal law and regulations, offering students many of the same protections provided by IDEA and the ADA.
Special Education in Utah
Utah has a list of qualifications for special education in the state. Your child must be under 21, live within the district, and have a qualifying disability. Some disabilities that might qualify for services under the Individuals with Disabilities Education Improvement Act (IDEA) include:
- Hearing impairments,
- Visual impairments,
- Intellectual disabilities,
- Orthopedic impairments,
- Speech impairments,
- Language impairments,
- Other health impairments,
- Autism,
- Specific learning disability,
- Traumatic brain injury,
- Mental or emotional disturbances, and
- Multiple disabilities.
Not every child with a disability is entitled to special education services, but if your child's disability affects their education, they may be eligible for services. However, under Utah state special education policies, each district must have policies and procedures in place “to ensure that all students with disabilities residing within the jurisdiction of the LEA, including students with disabilities birth through 21 years of age and those attending private schools, regardless of the severity of their disability, and who need special education and related services, are identified, located, and evaluated.”
Referrals to Special Education in Utah
In Utah, a referral to special education services or an evaluation can be made by many interested parties, including:
- A student who is already over 18,
- A student's parent or guardian, or
- A student's teacher, administrator, or other school staff.
After receiving your consent for an evaluation, the school must conduct the initial eval within 45 days. Before proceeding with the evaluation, the school will ask you to participate in an Individualized Education Plan (IEP) referral conference. If the school determines that your student is eligible for special education services and support, they will create an IEP tailored to your child. Your child's IEP may include:
- Their current level of education and performance in several areas, including academic, emotional, and cognitive,
- Objective goals for improvement in educational and functional areas,
- How will progress be measured, and criteria for measurement,
- Any necessary modifications to your child's educational curriculum, including activities, classes, or other educational events your child won't participate in,
- The recommended instructional setting for your student,
- Recommended services, when they will begin, and how often they will occur,
- Potential transitional services, and
- Alternative testing or assessments if needed.
Related services that the school might provide can include:
- Audiology services,
- Counseling and psychological services,
- Interpreters,
- Medical services,
- Occupational therapy,
- Orientation and mobility services,
- Parent counseling and training,
- Physical therapy,
- Recreation services,
- Rehabilitation counseling,
- School health services,
- Social work services,
- Speech-language pathology services, and
- Transportation.
After having an IEP meeting with your child's school, you will receive a copy of the document, which you should save.
Bullying Laws in Utah
Bullying of children in school can affect a student's ability to learn. Children with disabilities are bullied at higher rates than non-disabled children. That's why Utah law expressly prohibits bullying in schools. Bullying based on a student's disability may qualify as harassment. Bullying can include:
- Verbal abuse,
- Name-calling,
- Slurs and epithets,
- Physical assault,
- Cyberbullying, and
- Other conduct that is physically threatening, harmful, or humiliating.
Manifestation Determination Reviews in Utah
When a disagreement arises with your child's school, you may need to invoke some of the procedural safeguards in place to protect students with disabilities. If the school suspends or expels your child because of a disciplinary matter for more than ten days cumulatively throughout the year, the school must conduct a Manifestation Determination Review (MDR). An MDR aims to determine if your child's disability or the school's failure to implement an IEP properly may have led to the code of conduct violation.
Under Utah guidelines, if you and your student's IEP team members decide that your child's actions were a manifestation of their disability or failure to implement an IEP, the school must take action to remedy the situation immediately. The school must:
(1) “Conduct a functional behavior assessment (FBA), unless the LEA had conducted an FBA before the behavior that resulted in the change of placement occurred, and implement a BIP for the student; or
(2) If a BIP has already been developed, review the BIP and modify it, as necessary, to address the behavior.”
Then, the school must return your child to school unless you agree to another placement.
Resolving Utah Special Education Complaints
You can appeal if you disagree with an MDR or other placement determination for your special education student. You should file a due process hearing complaint and request a hearing in writing. The hearing officer may:
(1) “Return the student with a disability to the placement from which the student was removed if the hearing officer determines that the removal was a violation of the discipline procedures under Part B of the IDEA or these SpEd Rules or that the student's behavior was a manifestation of the student's disability; or
(2) Order a change of placement of the student with a disability to an appropriate IAES for not more than 45 school days if the hearing officer determines that maintaining the current placement of the student is substantially likely to result in injury to the student or to others. “
During the dispute process, you can also use mediation, allowing a neutral, third-party arbiter to work with you and the school district to come to a mutually acceptable decision. Even after a due process hearing, you can file a complaint with the Utah Department of Education within one year of the school district's final decision.
Protecting Your Student's Right to a Utah Public Education
If you and your child struggle to get a school district to comply with an IEP, put one in place, provide a free and appropriate public education, or agree to appropriate responses to potential code of conduct violations, you don't have to go through this alone. Your child has federal and Utah law protections, and the skilled Education Law Team at the Lento Law Firm can help. They've used their passion and experience to help families like yours in Utah and nationwide for years. Call 888-535-3686 to schedule your consultation, or contact them online today.
