Like any other governmental entity, the public education system has always had its share of administrative obstacles. But for families of students with special needs, navigating these hurdles can be overwhelming. Special education law can be a complex animal, built around acronyms, timelines, and a rigid list of procedural requirements. This complexity can make it difficult for parents to secure the specific educational services their child might need.
In fact, students and their families in Salt Lake City and the surrounding metropolitan area might find themselves facing a number of different challenges as they pursue special education resources. These can include:
- Social isolation and bullying
- Disagreements about diagnosis and placement
- Access to appropriate support and educational resources
- Relocation and adjustment to a new school
- Barriers to parental involvement
- Disciplinary issues
- Use of restraints
- Lack of teacher training
- Difficulty transitioning to adulthood
The LLF National Law Firm can help you confront these issues and fight for your child’s right to a quality education. Our National Education Law Team has many years of experience working with students and their families on special education issues, and we’re ready to go to work for you.
Call the LLF National Law Firm at (888) 535-3686 today to discuss your case, or use our convenient online form.
Know Your Child’s Rights
When we talk about the special education system, we’re also talking about the laws that govern it.
There are three key pieces of federal legislation that protect students with disabilities:
Individuals with Disabilities Education Act (IDEA)
Originally enacted in 1975 as the Education for All Handicapped Children Act (EHA), the Individuals with Disabilities Education Act guarantees every child with a disability can receive a Free, Appropriate Public Education, also commonly referred to as FAPE.
To achieve this goal, public school districts must first identify and evaluate children that show signs of having a disability. This includes both K-12 students currently registered in public schools, as well as students who live within the district but do not attend a public school.
The IDEA also requires that schools offer educational services to all special needs children within the district, from ages 3 to 22 (one year following the student’s 21st birthday). These services must be tailored to the child’s unique needs, meaning that schools must meet with parents and create personalized learning plans, known as Individualized Education Plans, or IEPs.
Section 504
The Rehabilitation Act of 1973 bars discrimination due to disability in any programs or activities that are conducted, employed, or (even partially) funded by federal agencies. Section 504 of this Act extends these protections to students, and requires schools to provide tools and accommodations that allow students with disabilities to achieve the same level of learning as their peers.
Section 508 of this law addresses accessibility issues, and covers both physical and electronic/digital accommodations. Examples range from installing an access ramp for entry into the school, to offering audio versions of books for students that are blind.
Americans With Disabilities Act (ADA)
Enacted in 1990, the ADA guarantees civil rights protections to all individuals with disabilities in the United States, and covers a wide range of programs, activities, and situations. Title II of the ADA speaks specifically to discrimination by state and local governments. This includes public schools.
Understanding The Difference Between The Laws And How They Protect Your Child
For the most part, these laws work together to protect the rights of all people with disabilities, while ensuring they have the opportunity to lead full and productive lives.
The biggest difference may be how they define “disability.”
The IDEA utilizes a specific list of disabilities for example, that include injuries and conditions such as traumatic brain injury (TBI), intellectual disabilities, autism, and those with multiple disabilities.
Section 504 on the other hand, has a broader definition, and defines a student with disabilities as someone who either:
- Has a physical or mental impairment which substantially limits one or more major life activities; or
- Is generally “regarded as having an impairment.”
Students who don’t qualify for assistance under the IDEA may find help through Section 504.
Does a Special Education Classroom Satisfy Federal Requirements?
While designated classrooms are sometimes necessary and can even be beneficial for some special education students, they do not represent the full extent of the IDEA’s requirement to provide a free education for children with disabilities. Instead, this law requires schools to address unique learning and accessibility issues as well as provide a more inclusive experience.
This includes keeping special needs children in traditional classrooms (that is, classrooms with the rest of the student body) as much as possible. This requirement, referred to as the “least restrictive environment” (LRE), is intended to give special needs children an opportunity to learn and thrive with other children.
Do These Laws Apply to All School Districts in Utah?
Yes! Utah’s State Board of Education (USBE) has set out extensive administrative rules and regulations to ensure that all public schools in Utah adhere to the special education laws we discussed above. This includes all the districts within the Salt Lake City Metropolitan Area—such as Granite, Murray, Tooele, Canyons, and even portions of Jordan and Alpine—as well as every public school within those districts. For example:
- Beacon Heights Elementary
- Indian Hill Elementary
- Skyline High School
- Clayton Middle School
- East High School
- Olympus High School
- The Academy for Math, Engineering, and Science (AMES)
And that’s just a small sample. The Salt Lake City Metropolitan Area is well-populated and includes a long list of schools. The Salt Lake City school district has 42 schools alone. The city of Sandy has 84 schools as part of the Canyons school district, and West Jordan has 68. Both the federal disability laws and the rules set out by the USBE apply equally to them all.
Keep in mind that any school (even private schools) that receive federal funding are subject to Section 504. Additionally, the ADA applies to all entities with the exception of religious organizations. That means that private (non-secular) schools would be required to make reasonable accommodations for students with disabilities.
Challenges to Special Education in The Salt Lake City Metro Area
While schools generally try to adhere to these regulations and requirements, students can (and do) fall through the cracks. In 2022 for example, members of the Salt Lake City school board confirmed that some students had not received the mandated annual review of their IEPs. It was also confirmed that some plans had not been reviewed for “nearly three years.” In fact, some students had graduated without receiving an IEP review.
The reasons for these failures can range across districts, but often share similarities, including funding, teacher availability, and access to specialized resources.
These challenges should not impact your child’s ability to learn, of course, but the reality is that they often do. Although there are several school districts in the Salt Lake City metropolitan area (and all are governed by the same set of laws), each district will address special education requirements according to both guidelines from the state and the district’s own unique circumstances. That means you may see slightly different procedures and outcomes depending on where your child goes to school.
Both the Canyons School District and the Salt Lake City School District utilize the “combination SLD method” for example, referring to one of three acceptable approaches to identifying specific learning disabilities in Utah (such as dyslexia and dyscalculia). Other districts in the Salt Lake City Metro Area may use a different SLD method, and that could change how a learning disability is identified.
This autonomy in policy creation may seem like a small issue, but applied at a larger scale, it can have a direct impact on your school’s special education program, putting all aspects of your child’s education at risk.
How the LLF National Law Firm Can Help
Families always have the right to dispute a school district’s decision at any point, both during the qualification process and throughout your child’s special education program.
But you don’t have to do it alone.
From qualifying for assistance and managing IEPs to battling accessibility issues, pushing for inclusive classrooms, and getting access to assistive technology, parents may find themselves at odds with those in charge of their child’s education. This can include the school’s educators, the district’s administration, and even the USBE itself. When that happens, legal advocacy can be a critical tool, helping parents fight for their child’s right to learn and flourish in the classroom.
The LLF National Law Firm has been a legal advocate for students’ rights for many years. Our special education lawyers work to ensure that all children with disabilities have access to the “free and appropriate public education” they are entitled to. Contact us today at 888-535-3686 or go online to learn more about how we can assist you and your child.