The Trump administration’s recent decision to transfer federal oversight of special education from the U.S. Department of Education to the Department of Health and Human Services has sparked new concerns for students with disabilities.
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However, these children have long experienced disparities in academic outcomes, disciplinary actions and instructional access compared with their peers without disabilities in Utah schools.
The question is: Are those disparities evidence that our education system is failing to deliver the services and civil rights protections guaranteed to these students under federal law?
That question served as the foundation for the Utah Advisory Committee to the U.S. Commission on Civil Rights’ recent study of special education in Utah.
The good news is Utah has made meaningful progress. The Utah State Board of Education (USBE) has established a statewide definition of “meaningful inclusion” and developed the Portrait of Meaningful Inclusion to help schools better serve students with disabilities. Parents have strong advocates through organizations like the Utah Parent Center and the Disability Law Center. And across our state, educators work tirelessly every day to create classrooms where all students belong.
But the report also found that long-standing disparities persist.
Students with disabilities continue to graduate at significantly lower rates than their peers. They are at a higher risk of dropping out of school. Children in special education lose more instructional time because of suspensions and other exclusionary disciplinary practices, including restraint and seclusion.
Families often become the primary defenders of their children’s educational rights. Access to formal complaint procedures and legal representation remains uneven, particularly for families without specialized support or advocacy. Parents who understand the law, know how to navigate the Individualized Education Planning (IEP) process and have the time and resources to advocate are often able to secure appropriate services for their kids. Parents who do not have those advantages face a much more difficult path.
Special education teachers and para-educators remain in short supply. School districts and charters report that available funding fails to cover the resources required to serve students with disabilities adequately. While low wages, part-time status, high turnover, and the reassignment of para-educators to fill general vacancies restrict individualized support, intensify burnout and increase reliance on exclusionary discipline rather than evidence-based, individualized intervention.
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The committee also examined new policies like Utah’s HB347, 2024 legislation intended to improve classroom safety. Safe classrooms are essential; however, many witnesses expressed concern that vague statutory language could unintentionally increase the removal of students with disabilities from general education settings in ways that conflict with federal protections.
Based on these findings, the committee recommends that Congress move closer to fully funding the Individuals with Disabilities Education Act (IDEA).
The Utah Legislature and the governor are also urged to codify the state’s definition of “meaningful inclusion” and the Portrait of Meaningful Inclusion. Lawmakers should clarify in statute that HB347 cannot be used to circumvent or dilute IDEA and Section 504 protections. They should provide dedicated funding for inclusion implementation, data collection and parent support. The legislature should also address persistent special education funding gaps that impede delivery of a free appropriate public education.
The committee further recommends the Utah State Board of Education and local education agencies establish a transparent, disaggregated statewide reporting system on outcomes, discipline, placement and time in general education for students by disability category.
Trainings for educators and administrators on disability rights and non‑exclusionary, evidence-based practices should be offered throughout the state, as well as enhance recruitment and retention of special education personnel. Finally, USBE is encouraged to create an ombudsman role and clearer complaint pathways so parents and students can effectively understand and safeguard their educational rights.
Regardless of what happens in Washington, Utah has the opportunity to lead the nation in supporting students with disabilities by adopting policies that ensure their rights are not only protected in law but fulfilled in practice.
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