If you are a student in Utah who has a disability, or your child suffers from one, you have likely experienced challenges ensuring you or your child receives a proper education. National statistics show that around 20% of students have some form of disability, so you are certainly not alone.
Nevertheless, you may routinely experience discrimination or challenges in obtaining the necessary accommodations to be able to receive a quality education. Since all schools impose satisfactory academic progress (SAP) requirements or other academic standards you must meet, your disability or your lack of proper accommodations may make it difficult to do all you need to do to maintain a satisfactory academic record, much less excel in school.
Utah, all states, and the federal government have laws regarding student disability and their right to an education. Schools must provide reasonable accommodations to their students who have qualifying disabilities to provide means and access to educational services. If your school is not providing accommodations or refuses to recognize your disability, you need to understand your rights so that you are better prepared to challenge the school or district and help yourself or your child get the quality education you deserve.
National education attorney advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team have helped hundreds of disabled students throughout the country. We can explain your rights and options and serve as zealous advocates for you or your child to help you settle your dispute and obtain the favorable outcomes you seek. Contact attorney advisor Lento and his team today for assistance with your school disability issue in Utah.
Federal and State Laws Regarding Disabled Student Rights
The federal government has three important acts that govern the rights of students with disabilities. The Americans with Disabilities Act (ADA) serves to protect all disabled individuals, but it has provisions that apply to students. Title II prohibits discrimination based on disability for those using government services. It also requires all disabled persons to be able to access public buildings and other public accommodations. This applies to all public schools and universities and any school that receives state or federal funding. It also applies to public transportation.
The Individuals with Disabilities Education Act (IDEA) prohibits public schools from discriminating against students based on their disabilities, and it recognizes that all students have a right to a “free appropriate public education” (FAPE). The law also requires schools to provide a “least restrictive environment” for students with disabilities, allowing them to attend class with non-disabled students. IDEA also requires that schools develop and maintain an individualized education plan (IEP) for any student who has a qualifying disability.
Section 504 of the Rehabilitation Act of 1973 prohibits any school that receives federal financial assistance from discriminating against students based on their disabilities. It also requires schools to provide reasonable accommodations to assist with accessing buildings and classrooms. The law applies to all public schools, colleges, and universities, as well as private schools that receive federal financial assistance.
Section 504's coverage is broad and defines a person with a disability as having a physical or mental impairment that substantially limits one or more “major life activities.” These include virtually any daily activity, such as walking, talking, speaking, seeing, hearing, learning, and working. Additionally, the law prohibits school officials from treating students as if they are impaired when they are not, and it serves to protect students from receiving unfair or disparate treatment because of their disability.
Student Disability in Utah and Lawsuits
Utah recognizes all federal laws regarding the rights of students with disabilities. The state also complies with other important statutes involving student rights, such as the Family Education Rights and Privacy Act (FERPA) and the Every Student Succeeds Act (ESSA). Additionally, most colleges and universities in Utah recognize federal student disability laws, and many, including the University of Utah, have their own anti-discrimination policies.
Virtually all schools express their commitment to fostering safe, welcoming, and nurturing learning environments for their students and prohibiting any form of discrimination. The reality is that, sometimes, schools fail to achieve that mission. Over the years, numerous lawsuits have been filed against public and private schools and universities for student disability discrimination.
A 2021 lawsuit filed against the Salt Lake City School District accused the district of refusing to allow two cognitively disabled students to attend a school closer to their home. Instead, the district forced them to attend a so-called “hub school many miles away. The lawsuit also claimed the school did not offer an inclusive environment in the “hub” school as it had promised.
Two other lawsuits in 2019 against the Alpine School District accused district employees of physically and verbally abusing students and denying one student food and water during “behavioral intervention.”
Although the districts took corrective measures, such as terminating the offending school employees, the reports did not mention any financial awards the victims' families received. In many cases, victims may pursue civil actions against the school to recover financial compensation, but they will need help from an experienced education law attorney.
Student Disability as a Defense or Mitigating Factor in Utah
Sometimes, students receive disciplinary action from the school because of behavioral issues or lack of academic performance. For students with disabilities, their conditions may be a mitigating factor when determining the types and severity of consequences they receive.
Additionally, a school's choice of discipline for behavioral issues may itself violate Section 504 requirements, IDEA laws, or other regulations regarding disabled student rights. A student's disability may prevent them from attending disciplinary hearings or being actively involved in their own defense, or they may have to rely on the very accommodations they were denied.
Utah's state code defines the laws regarding students who are suspended or expelled, and it discusses the responsibilities of the parents. It also applies to “students with disabilities to the extent permissible” under the law.
Get an Experienced School Disability Attorney Advisor in Utah
Whether you are struggling to obtain proper accommodations for your or your child's disability from a school or have an issue involving violations of your rights and safety, you need to speak with an attorney who has extensive knowledge of education laws and can help you get the best results possible.
Attorney Joseph D. Lento is a premier student disability attorney advisor serving clients in Utah and throughout the nation. Call 888.535.3686 or complete our contact form to retain attorney advisor Lento and the Lento Law Firm's Student Defense Team.
