With approximately 28 percent of its population under the age of 18 as of the 2020 census, Utah's school-aged population is higher than the national average. All of these children have the right to a free, appropriate public education. For students with disabilities, this right extends to the services and support they require to benefit from that education.
Individualized Education Programs (IEPs) are essential for any student with disabilities. IEPs, created in meetings between school officials and parents or guardians, detail what services and support a school must provide to a child. If and when a school fails to provide a child with an IEP, fails to implement support included on an IEP, or otherwise fails in their obligation to a student, federal law gives families avenues to address the problem.
The Lento Law Firm assists families nationwide in finding solutions when they disagree with their student's school district. We know the importance of education and ensuring students have access to the services and support they are entitled to by law. Call our office at 888-535-3686 or fill out a form to learn about how we can help.
What is an IEP?
Individualized Education Programs (IEPs), sometimes referred to as Individual Education Plans, are documents created during meetings between schools and parents. IEPs list the services, support, and accommodations a school must provide to a student with disabilities.
Federal Law
At the federal level, three laws are the foundation for disability rights in the United States. The Americans with Disabilities Act (ADA) covers all Americans and any organization or building open to the public. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability under federal grants and problems, including schools.
The newest of the three laws is the Individuals with Disabilities Education Act (IDEA). IDEA focuses on disability rights and protection in K-12 public education. Some of its requirements include:
- The right to an IEP
- School districts must identify all children within their boundaries who may have a disability
- School districts must provide services to all children within their boundaries, even if students attend private schools or are homeschooled
- Dispute resolution options
IDEA covers individuals between the ages of 3 and 21. Once a student graduates from high school, however, IDEA no longer applies to them.
Common Terms
As part of its parent resources, Canyons School District includes a list of special education acronyms. Lists such as this one highlight one of the difficulties for families navigating special education and IEPs: In many ways, special education has a language of its own. These terms serve a purpose, but they can add to confusion for families, especially those new to IEPs and related programs.
Some acronyms and terms, such as ASD (Autism Spectrum Disorder) or HI (Hearing Impairments), will only be relevant for certain disabilities. Others, including ESY (Extended School Year), may apply to any student with disabilities. School staff may sometimes forget that families aren't familiar with these terms. Parents and guardians should not hesitate to ask for clarification.
Three terms appear frequently when discussing IEPs. They also have context and meaning that requires more attention. These terms are:
- Free appropriate public education (FAPE)
- Least restrictive environment (LRE)
- Reasonable accommodations
FAPE
The United States gives all children the right to a free, appropriate public education. For students with disabilities, this right includes special education services. When discussing IEPs and other aspects of special education, FAPE is often used in a way that covers both education and a student's accommodations.
LRE
IEP meetings will often discuss a child's placement, such as how much time they'll spend in general education classrooms versus specialized programs. Current policy encourages placement in general education classrooms and participation in the school community as much as possible. This practice is referred to as “least restrictive environment (LRE).”
The majority of students with disabilities spend all or most of their day in general education classrooms. The exception is if such a placement would not be beneficial to the student. Some students need services and support above and beyond what is available in a general education classroom.
Schools may also weigh a student's placement against the burden it places on other students. If a student's placement in a general education classroom would interfere with other student's right to FAPE, a school may seek an alternative placement.
Reasonable Accommodations
To comply with federal law, schools must provide students who have disabilities with reasonable accommodations. Accommodations do not have to be the most expensive, newest, or most effective. Schools do not have to provide any accommodation that a family requests.
Schools may deny accommodations if they place an undue burden on a school or a member of the school community. Schools may deny an accommodation if it would give an advantage to a student over other students or put a financial burden on the school.
Questions to consider when determining whether an accommodation is reasonable:
- Is this accommodation effective?
- Does the accommodation place the student on similar footing to other students?
- Does it place an undue burden on other members of the school community?
How to Qualify for an IEP
Parents and guardians cannot simply request that a school provide their student with an IEP. A student must:
- have a qualifying disability
- that disability must impact their education
for a student to qualify, under IDEA, for an IEP.
In Utah, the following are qualifying disabilities for IEPs and special education services:
- 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
The state provides definitions of each disability. A developmental delay, for example, is a significant delay (communication, motor, cognition, social-emotional, or adaptive skills) in children between the ages of 3 and 7.
Steps to Qualify
Utah's Special Education Rules list how a student can establish they have a disability that qualifies them for an IEP and special education services. One important note is that this process can vary between students.
A student with a known visual impairment, for example, may not need to undergo an assessment if they can provide information from a medical professional. Other students may require multiple assessments to pinpoint the nature and extent of their disability.
Identification
IDEA requires that all school districts have policies and procedures in place to locate children who potentially have disabilities. The general term for this program is Child Find, which refers to early identification of children before they begin school. Logan City School District's Child Find page provides a good example of a school district's obligations with Child Find.
Families, teachers, and others may also refer a child to a school district for assessment. Some children's disabilities may not become apparent until they begin school. Other children may have delays or other issues that may or may not be related to a disability.
For those unsure of what qualifies as a disability, the University of Utah's Healthy Kid Zone podcast has an episode about how to tell if your child has a learning disability.
Initial Evaluation
Once a school district receives a request for an evaluation, the district will determine if an evaluation is necessary. Schools do not have to evaluate students, and families can appeal a district's decision.
If a district agrees that assessment is necessary and the parents or guardians consent, the next step is determining what testing and evaluation a child should undergo. This can vary depending on factors such as the suspected disability and the child's age.
As Utah's Special Education handbook states, evaluation should:
- “use a variety of assessment tools and strategies to gather relevant functional, developmental, and academic information about the student, including information provided by a parent”
- “not use any single procedure as the sole criterion for determining whether a student is a student with a disability and for determining an appropriate educational program for the student”
In other words, evaluations should be comprehensive.
Reevaluation
Families may request a reevaluation. Districts do not have to reevaluate a student more than once a year unless both the family and district agree.
IDEA requires that students with disabilities be reevaluated every three years. If families and districts agree that reevaluation is not necessary, they may waive it.
One advantage of reevaluation is that it may provide more accurate data as to the student's current abilities. This can better inform the IEP and what services and support a student receives.
Eligibility Determination
After either the initial evaluation or reevaluation, a school district will determine if a student has a disability. If a student does have a disability, the district will schedule a meeting with the family to draft or revise the student's IEP.
If families disagree with a school district's decision or with the results of the assessment, they may appeal. Families may also choose to pay out-of-pocket for additional assessments.
IEP Meetings
If a child has a disability, a school district will schedule a meeting to draft a student's IEP. The results of the assessment will factor into this conversation. A student's goals and strengths should also feature prominently.
When and if a student attends the meeting depends on factors such as the student's age and severity of disability. High school students may benefit from attending as part of learning how to advocate for themselves.
Parents and guardians should check that an IEP is tailored to their student and not the student's disability. Two students with the same disability may require different services and support.
IDEA requires that schools and families have an annual IEP meeting. These meetings are a good opportunity to revise a student's IEP to update their goals and support in a way that better reflects a student's current abilities and challenges.
Parents may also request a revision meeting at any point during the year if they believe a student's IEP is no longer properly supporting them or if they have concerns about implementation.
Statewide Programs
The Special Education Services section of the Utah State Board of Education is responsible for overseeing all special education services and policies in Utah. This includes IEPs.
The state publishes a PDF, Special Education Rules, which brings together all of the policies and related information. The document, at almost 340 pages, includes details on specific disabilities, transitions, funding, and licensing requirements for educators.
IEP Goals
Utah also publishes a document on IEP goals. IEPs should include not just the services and support a student is to receive but also their goals. Ahead of IEP meetings, parents and guardians, when possible, should discuss their student's goals with their student and try to go into IEP meetings with some idea of what goals should be included in the IEP.
Updating and revising goals can be especially important as students age. That's one reason why the IEP goals document can be beneficial to families. By having an idea of where their student wants to go, they can create an IEP that supports their student on that journey.
Utah Schools for the Deaf and the Blind
Funded by the state at no cost to families, the Utah Schools for the Deaf and the Blind provide education and support for students throughout the state. Admission is through a student's home school district. In addition to offering classes and training options on their campuses, the schools work with districts throughout Utah to provide support and services to students with hearing and vision impairments.
Utah is unique in that it is the only state that “offers a deaf-blind endorsement.” This means students can work with teachers and other staff who are specially trained to work with deaf-blind students.
The Utah Schools for the Deaf includes the following campuses and programs:
- Kenneth Burdett School of the Deaf in Ogden
- Elizabeth DeLong School of the Deaf in Springville
- Jean Massieu School of the Deaf in Salt Lake City
- Southern Utah School of the Deaf
The Utah School for the Blind has campuses in Ogden, Salt Lake City, and Springville. What programs and resources are available may vary between the campuses. While all three campuses offer preschool programs, only the Ogden campus has the BRIDGES program, a transition program to help individuals between the ages of 16 and 21 prepare for adulthood.
Carson Smith Scholarship Program
Students with disabilities can apply for the Carson Smith Special Needs Scholarship Program (CSS). This scholarship will pay all or part of the tuition for private schools. Families are required to pay any difference between the scholarship amount and total tuition and fees.
The program has specific eligibility criteria. These include:
- At least one parent resides in Utah
- The child is at least three years old before Sept. 2 of the current school year
- The student has an IEP (or meets other requirements)
Families should contact their local school district to learn more about the program.
District-Specific Programs
The types of programs and services available can vary between school districts. Funding, staffing, and preference (such as how a district embraces technology) can determine what services and support a district offers.
The standard of ‘reasonable accommodations' leaves school districts with a fair amount of flexibility. Districts do not have to offer a service simply because another school district does.
This difference in services can be especially challenging if a student changes districts. Even if a new school accepts a student's existing IEP, parents and guardians should schedule a meeting to discuss whether any revisions are necessary. They should also meet with the student's existing IEP team about how to make the transition in a way that minimizes the challenges of the transition.
Cache County Public Schools provides a list of its services:
- Academics
- Assistive technology
- Audiology
- Behavior
- Occupational therapy
- Physical therapy
- Speech-language therapy
- Testing
- Vision
While this list is specific to Cache County Public Schools, it's a good example of the standard special education services available to students.
Jordan School District has three schools for students with disabilities. Their preschool program also has an early intervention component. The district's three alternative schools are:
- Kauri Sue Hamilton School works with students who have multiple disabilities.
- River's Edge School works with students who require emotional, social, and behavioral support beyond what the district's general education schools can provide.
- South Valley School is a post-high school transition program for students between the ages of 18 and 22 who have an IEP but have not yet received their high school diploma.
Provo City School District offers a similar transition program as Jordan with its East Bay Post High. East Bay focuses on education, employment, and independent living. The school tailors each component to individual students and their needs.
The Salt Lake City School District has a dedicated special education manual. While the primary audience for this guide is students and families within the district, much of the information is based on federal law and could be a useful resource for parents and guardians who reside in other districts.
Dispute Resolution
If and when disagreements arise between schools and families, federal law requires that states have dispute resolution options available. The Utah State Board of Education allows families to request one of these options via mail, fax, or in person.
Before resorting to these options, parents and guardians should first try to find a solution with the school district. They should arrange a meeting to discuss the issue. In some situations, once both the school and family explain their positions and the reasons behind their stance, they may be able to find a compromise or other resolution.
These informal meetings may not result in a solution or may not be appropriate for the circumstances. In this case, Utah offers families and schools four options for dispute resolution:
- IEP Facilitation Meeting
- Mediation
- State Complaint
- Due Process Hearing
The first two, IEP Facilitation Meeting and Mediation, are similar. The difference comes in their scope. IEP facilitation meetings focus solely on IEP issues. Mediation covers a range of special education issues.
Determining which dispute resolution option is best for your student is one reason why families turn to the Lento Law Firm. We help families find the best course of action for their situation.
IEP Facilitation Meeting
Either families or schools may request an IEP Facilitation Meeting. During these meetings, which are voluntary, a neutral third party will guide the conversation with the goal of finding common ground or a solution to the problem. These facilitators encourage effective listening and open communication throughout these meetings. If both sides can arrive at an IEP, no additional meetings will be necessary during that school year.
Meditation
Similar to facilitation meetings, mediation is a voluntary process that involves a neutral third party. Mediation tends to be more cost and time effective than other options. The mediator focuses on problem solving rather than finding fault to help families and schools reach an agreement. If the two sides reach an agreement, it must be put into writing.
State Complaint
If and when someone believes that a school district is violating IDEA, they may submit a written complaint to the Utah State Board of Education. Anyone may submit a complaint. They do not have to be a family member or teacher, and the complaint does not have to focus on a single student. An investigator will look into the alleged misconduct, gather evidence, and issue a written report.
Due Process Hearing
Utah does not allow either party to begin with a due process hearing. Schools and families must first make good-faith efforts to resolve the disagreement. When the two parties cannot reach a resolution, they can request a due process hearing for the following reasons:
- Placement
- Identification
- Evaluation
- Whether a student is receiving a free appropriate public education (FAPE)
These hearings are the most adversarial option in that they are similar to a traditional court case. A hearing officer will listen to the evidence from both sides before ruling on the case.
Considering the Options
Utah includes several resources, including videos, to help parents and guardians learn about the various dispute resolution options. These resources can be a good first step, but their generic nature means it may be difficult for families to decide which avenue is best for their student.
IEPs Are a Right
The quality of a student's education can have an enormous impact on their future. For students with disabilities, receiving the proper support, services, and accommodations can influence their success in school. If and when a school fails in its legal responsibilities to students, families should know they have options to find a resolution.
Whether a school fails to provide a student with an IEP, provides ineffective accommodations, or fails to implement aspects of a student's IEP, families do not have to accept any of these situations. The Education Law Team assists families nationwide in finding collaborative solutions that focus on their students' well-being and education. Connect with our team online or call us at 888-535-3686 to learn more about how we can help your student.
