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Parent Lawsuit to Allow Salt Lake Students to Return to Classrooms

As yet another state takes draconian measures and shuts down schools in the name of “safety,” a courageous group of parents in Utah whose children have disabilities is fighting back to get their kids back in school. Authorities in Utah have closed schools for in-person learning, so the parents have filed a lawsuit alleging that forcing students with disabilities to stay at home and receive “instruction” through remote e-learning violates the Utah constitution. Indiana’s Constitution has a similar provision which requires that public schools be “equally open to all.” Then of course there’s the federal Individuals with Disabilities Education Act (IDEA), which guarantees students with disabilities a free appropriate education (FAPE).

Apparently Utah’s experiment with virtual learning—like Indiana’s—has been a disaster for students in special education and their parents, many of whom are being forced to serve as teachers in addition to working and caring for other children.

If your child has an IEP and the school asks you to attend a Zoom meeting or make any revisions to the IEP, do not do so without consulting an advocate or an attorney who practices education law. Your child’s IEP cannot be changed without your consent.