As more school districts seek to consolidate their special education programs into segregated settings, the Disability Law Center (DLC) opposes a change to the Utah State Constitution, Amendment A on the ballot this year, that could divert more money from our woefully underfunded special education system.
In 2020, the Utah State Legislature asked voters to support a constitutional amendment allowing “flexibility” with the State’s income tax fund, suggesting those funds would be used not just for education but also for children and people with disabilities. Given that possibility, the DLC stayed neutral; however, we worried about a potential reduction of special education funding.
Unfortunately, our fear came true. Between 2023-2024, the Legislature cut the income tax by $640 million and put $80 million into the Utah Fits All Scholarship, which diverts funding to programs that are not required to accommodate students with disabilities. Meanwhile, the Division of Services for People with Disabilities’ waiting list continues to grow and the need for community-based mental health services remains largely unmet.
In 2023, the Legislature made another compromise, agreeing to remove the State’s portion of the sales tax on food if voters agreed to eliminate the income tax’s earmark for education. While reducing the sales tax will help lower-income Utahns with disabilities, the DLC does not believe voters should be forced to choose between feeding their children and their children receiving a free appropriate public education.
On top of that, the Legislature passed a bill in 2024 allowing the removal of “disruptive” students with disabilities from school without providing them the supports needed to succeed. Consequently, the DLC does not think giving the Legislature additional flexibility means education or services for Utahns with disabilities will improve.
The DLC encourages legislators to reverse course and find ways to provide sufficient resources to Utahns with disabilities across the lifespan. Until then, we urge Utahns to support the disability community and vote “No” on Amendment A.