Utah judge denies lawsuit giving option for classroom learning

Jan 28, 2021, 2:47 PM | Updated: 6:43 pm

Richard Vyukusengere, left, and his brother, Didace Mahoro, attend school remotely at home in Salt Lake City on Tuesday, Jan. 19, 2021. Salt Lake City parents who are suing the Salt Lake City School District are asking for an injunction to allow for an in-person learning option. (Jeffrey D. Allred, Deseret News)

(Jeffrey D. Allred, Deseret News)

BY SAIGE MILLER

Former Digital Content Producer

SALT LAKE CITY — A Utah district judge ruled against a lawsuit that would give students an option to go back into the physical classroom in the Salt Lake City School District (SLCSD) through a decision made Thursday. Third District Judge Adam Mow stated the group of parents who filed the suit couldn’t substantially prove students were uniquely disadvantaged from virtual learning.

Classroom lawsuit finds no direct evidence of harm

The decision denied a motion for a preliminary injunction by the plaintiffs hoping to reopen SLCSD schools four days a week.

Specifically, Mow ruled that the 11 parents behind the lawsuit couldn’t prove “irreparable harms” as a direct result of virtual learning. Mow pointed to an argument made by the plaintiffs’ that SLCSD failure rates are increasing during the 2020-2021 school year.

“They [the plaintiffs’] fail to show any credible evidence regarding whether those rates differ from failure rates in the other 41 school districts in Utah,” Mow said. “Thus, the Court is left to speculate whether the online-only instruction SLCSD offered—rather than other stresses attendant to life during a pandemic—have caused the increase in failure rates in SLCSD.”

Equal access to education

Mow ruled it doesn’t violate the student’s constitutional rights to learn solely online because there is equal access to the curriculum offered in both in-person and remote instruction.

The “plaintiffs’ children are not entitled to a specific modality of education—they are instead entitled to access the curriculum,” Mow wrote. “Plaintiffs’ children are being offered access to curriculum appropriate to their age and development level through the online instruction SLCSD offers. They have not faced a restriction on their access to that curriculum that is not placed on other students in the State.”

In short, the judge ruled that the parents’ didn’t prove online learning hinders students’ educational development and causing them to fall behind in school.

Mow also argued that the plaintiffs have the right to enroll their kids in any Utah school district.

“Plaintiffs have the ability to transfer their children to schools in other districts or charter schools if they disagree with SLCSD’s Restart Plan, as evidenced by the 1,230 students from SLCSD who have already availed themselves of such opportunity during the 2020-2021 school year,” Mow said.

School districts decide how to teach

Additionally, Mow gave credence to the school district, citing Utah law that gives SLCSD the power to determine the best way to educate students, especially in the wake of a public health crisis.

“Under Utah law and Utah State Board of Education guidelines, elected local district school boards have the authority to make that decision for their respective students,” Mow ruled.

However, Mow said even though some students may be struggling, the court cannot intervene in school board decisions.

“Clearly, some students in Salt Lake City School District have struggled with online instruction, which has resulted in academic, emotional, financial and other issues,” Mow wrote. “But this court’s task is not to determine whether the board made the best decision or to substitute its judgment for that of the board.”

We want to hear from you.

Have a story idea or tip? Send it to the KSL NewsRadio team here.

Road trip ready: How Bear Lake became the go-to destination for Western U.S. travelers

Whether you are chasing pristine beaches, fresh raspberry shakes, or endless water sports, this sponsored guide—brought to you in partnership with Bear Lake —uncovers everything you need to plan the ultimate getaway. There’s nothing quite like the thrill of hopping in the car with your favorite snacks in tow and heading out for a […]

Harper Clinic

A new standard of care: How Harper Clinic’s IOP is changing the face of mental health treatment in Utah

This article is sponsored by Harper Clinic, a Utah-based clinic offering FDA-approved TMS therapy for treatment-resistant depression. Utah’s mental health crisis is leaving many residents caught in an uncomfortable middle ground: struggling too much for weekly therapy alone, but unable to step away from work, parenting or daily life for inpatient treatment. As demand […]

Harper Clinic

Breaking free from depression: How Harper Clinic’s TMS Therapy can help

This article is sponsored by Harper Clinic, a Utah-based clinic offering FDA-approved TMS therapy for treatment-resistant depression. The weight of depression is real. Many people spend years fighting it, adjusting medications, managing side effects and wondering if this is simply how life is going to feel. According to the World Health Organization, depression affects […]

Andrew Adams, KSL

Library discussions bring men’s mental health to the surface

Therapists say it’s common for men to repress things like trauma, grief, stress and anxiety. Now, a new weekly series of discussions aims to help men bring it all to the surface.

Bear Lake Convention & Visitors Bureau

Cozy up in Bear Lake: Discover the magic of a winter getaway

SALT LAKE CITY – The holiday season shines brightest when time slows down and loved ones gather. Gifts, decorations and festive music come and go, but shared experiences tend to last much longer. Research supports that idea. Dr. Theresa E. DiDonato told Psychology Today that vacations can strengthen relationships by creating meaningful time away from daily […]

Harper Clinic

Rewriting the path to healing: Inside Harper Clinic’s whole-person mental health model

OREM — A few decades ago, you’d have had a hard time finding a doctor to treat both your mind and body; And a century ago, you’d have been hard-pressed to find a doctor to treat your mind at all. Today, medical professionals are understanding more and more the undeniable connection between the body and […]

Utah judge denies lawsuit giving option for classroom learning

Classroom lawsuit finds no direct evidence of harm

Equal access to education

School districts decide how to teach

We want to hear from you.

Beaver City boil water order partially lifted

Heat advisory in effect through Monday night for northern Utah

Utah, 40 other states reach $18M settlement with 23andMe after data breach, bankruptcy

From Salt Lake City to the Senate: Curtis leads tribute honoring Pioneer Day

Church of Jesus Christ announces 10 hymns to be included in ‘Hymns for Home and Church’

Taylor Farms temporarily shuts Mexico facility as US cyclosporiasis cases rise, source says

Sponsored Articles

Road trip ready: How Bear Lake became the go-to destination for Western U.S. travelers

A new standard of care: How Harper Clinic’s IOP is changing the face of mental health treatment in Utah

Breaking free from depression: How Harper Clinic’s TMS Therapy can help

Library discussions bring men’s mental health to the surface

Cozy up in Bear Lake: Discover the magic of a winter getaway

Rewriting the path to healing: Inside Harper Clinic’s whole-person mental health model