SB0134S04 | Special Education Amendments

Description
General Description: 

This bill amends provisions related to the delivery of special education services in public schools.

Highlighted Provisions: 

This bill amends provisions related to the delivery of special education services in public schools. This bill requires a local education agency (LEA) to provide special education in the least restrictive environment" and permits an LEA to provide special education to a student with disabilities regardless of whether the other students in the class or setting are students without a disability.

Bill Details
Year: 
2022
Status: 
Governor Signed
Last Action: 
Mar 24, 2022
Sponsor
Senator
Republican - District 24
Fiscal Note
Fiscal Note Amount: 
$0
None
Utah PTA Response
Utah PTA Position
Unnecessary
Impact on Children: 

Using restricted special education funds for purposes other than to specifically benefit students with disabilities will negatively impact the education of students with disabilities by decreasing the resources available for these students. Also, this bill seems to imply that the least restrictive environment is the general education classroom and the most restrictive environment is the special education classroom. This is not true. LEAs are already required to serve special education students in the LRE for each student according to their Individualized Education Program. The LRE is not a place; it's where a student is least restricted in accessing their curriculum. LRE could be different for every student. It is based on their individual IEPs.

Commission: 
Education
Special Needs Specialist
Utah PTA Public Policy Program
National PTA and Utah PTA Resolutions: 

Resolved, that Utah PTA and its constituent associations support funding for ongoing pre-service training and professional development for all teachers regarding adapting instruction to meet the needs of students with disabilities in the general education classroom; accommodations that improve access to the general curriculum; and high expectations for all students with regards to both behavior and academics; and be it further

Resolved, That Utah PTA and its constituent associations support schools in implementing best practices in meeting the needs of diverse students through such practices as Universal Design for Learning (UDL), Multi-Tiered System of Supports (MTSS), and inclusion to support instruction from a Core content expert, and access to accommodations including assistive technology for students with disabilities;

Utah PTA Legislative Policy: 

General Principles for Consideration of Proposed Legislation: Equity in the form of equal justice, privileges, opportunities, and responsibilities in every phase of life for all children and youth, while recognizing that each child is unique with individual needs and talents.

Utah PTA Legislative Priorities: 

Support expedited state special education funding to support and implement IEPs for public school students with disabilities.

National PTA Public Policy Agenda

PTA firmly believes that all students—including students from historically marginalized populations—have the right to a quality, equitable education in a safe, supportive and inclusive school.