Special Education Rules and Policies

Overview

Special Education is governed by several federal and State laws, rules, and regulations as well as local policy and procedure. The following tabs contain a non-exhaustive list of resources and links for schools, districts, parents, and students to learn more about the various sources of law that govern or inform Special Education Services.

Resources

Educational Equity: Section 504

The Americans with Disabilities Act (ADA) and Section 504 impose broader eligibility standards than those of the Individuals with Disabilities Education Act (IDEA). Therefore, a student not found eligible under the IDEA may still be eligible for special education or related services under Section 504 of the Rehabilitation Act or Title II of the ADA.

Section 504
Utah State Board of Education Educational Equity

Office of Special Education Programs (OSEP) Guidance

OSEP policy documents provide information, guidance and clarification regarding implementation of the IDEA through Policy Support Documents and Policy Letters.

OSEP Policy Documents
United States Department of Education

Due Process Hearings

In accordance with the Individuals with Disabilities Education Act (IDEA) and the Utah State Board of Education (USBE) Special Education Rules, the USBE, after deleting any personally identifiable information, must make complete due process findings and decisions are available to the public.

34 CFR § 300.513: Hearing Decisions
United States Government Publishing Office (GPO)

The USBE maintains redacted copies of due process decisions for a period of ten years following the issuance of a decision. There are no due process hearings decisions or findings during the following years: 2010, 2011, 2016, 2017, and 2018.

Procedural Safeguards

The Utah State Board of Education (USBE) Special Education Rights of Parents and Children Procedural Safeguards Notice (revised November 2016) and Annual Parent/Guardian Notices (Child Find, Carson Smith Special Needs Scholarship, Family Educational Rights and Privacy Act (FERPA) of 1974, and Medicaid). 

Procedural Safeguards Notice (Written English)

Procedural Safeguards Notice (Spoken English):

إشعار الضمانات الإجرائي (Arabic)

OGAYSIISKA BADQABKA HAWSHA (Somali)

AVISO DE GARANTÍAS PROCESALES (Spanish)

KO E TOHI FAKATOKANGA KI FOUNGA NGAUE KE TAUHI ‘A E TAUHI MALU (Tongan)

THÔNG BÁO VỀ CÁC BIỆN PHÁP BẢO VỆ THEO THỦ TỤC (Vietnamese)

Although Utah does not have a Navajo translation for the USBE Procedural Safeguards Notice, the New Mexico Public Education Department has translated its Safeguard Notice to Navajo for the public.

Áłchíní bich’į’ ‘anádahaztiígíí t’áá yidaneel’ą́nígo ‘ániltsogo na’nitingo ‘ódahaoołaah hazą́ąjí Ámá dóó azhe’é ba’áłchíní bich’į’ anídahazt’ígíí bee hazáanii bee bá ‘ahóót’ígo binahjį́ bił bééhóznigo saad bá’ałkéé sinilígíí. (Navajo)
New Mexico Public Education Department

Contacts

Naté Dearden
Student and Family Rights Coordinator
Phone: (801) 538-7884 | E-mail

Jordan DeHaan
Dispute Resolution Specialist
Phone: (801) 538-7541 | E-mail