Oregon Statutes 343.324 – Requirements for providing abbreviated school day program
A school district may not provide an abbreviated school day program to a student with a disability unless all of the following are satisfied:
Terms Used In Oregon Statutes 343.324
- Individualized education program: means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter. See Oregon Statutes 343.035
- Instruction: means providing children and families with information and skills that support the achievement of the goals and outcomes in the child's individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas:
(a) Communication development;
(b) Social or emotional development;
(c) Physical development, including vision and hearing;
(d) Adaptive development; and
(e) Cognitive development. See Oregon Statutes 343.035
- Parent: means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. See Oregon Statutes 343.035
- Related services: means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:
(A) Speech-language and audiology services;
(B) Interpreting services;
(C) Psychological services;
(D) Physical and occupational therapy;
(E) Recreation, including therapeutic recreation;
(F) Social work services;
(G) School nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child;
(H) Early identification and assessment of disabilities in children;
(I) Counseling services, including rehabilitation counseling;
(J) Orientation and mobility services;
(K) Medical services for diagnostic or evaluation purposes;
(L) Parent counseling and training; and
(M) Assistive technology. See Oregon Statutes 343.035
- School district: means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education. See Oregon Statutes 343.035
(1) The student’s individualized education program team:
(a) Recommends that the student should be placed on an abbreviated school day program:
(A) Based on the student’s individual needs, which may not include consideration of a lack of school district resources, including:
(i) Licensed or classified staff;
(ii) Availability of training;
(iii) Accessible facilities; and
(iv) Related services, including nursing services and transportation services; and
(B) After the opportunity for the student’s parent or foster parent to meaningfully participate in a meeting of the individualized education program team to discuss an abbreviated school day program placement, including the reasonable opportunity to physically attend the meeting of the individualized education program team at which the abbreviated school day program placement is discussed.
(b) Makes determinations about the instruction and educational services to be offered to the student based on the student’s individual needs.
(c) Documents that the school district offered at least one reasonable alternative placement that included appropriate supports for the student and that could enable the student to have meaningful access to the same number of hours of instruction and educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district.
(d) Documents the specific provisions of the abbreviated school day program, including:
(A) How the abbreviated school day program will be designed to:
(i) Support the student’s return to a school day program that is not an abbreviated school day program; and
(ii) Make progress toward the student’s individualized learning goals and progress in the general curriculum;
(B) The number of hours of instruction and educational services to be provided to the student while the student is placed on the abbreviated school day program;
(C) How the student’s progress toward the student’s individualized learning goals and progress in the general curriculum will be measured; and
(D) The date by which the student is expected to return to a school day program that is not an abbreviated school day program.
(2) Prior to the discussion of the abbreviated school day program placement, the school district provides a written statement to the student’s parent or foster parent in a language and format accessible to the parent or foster parent informing the parent or foster parent of:
(a) The student’s right to have meaningful access to the same number of hours of instruction and educational services as the majority of other students who are in the same grade within the student’s resident school district;
(b) The prohibition on the school district to unilaterally place a student with a disability on an abbreviated school day program; and
(c) The parent’s or foster parent’s right, at any time, to withdraw consent for an abbreviated school day program placement or to request a meeting of the student’s individualized education program team to discuss whether the student should no longer be placed on an abbreviated school day program.
(3) The school district provides a written statement summarizing the documentation described in subsection (1)(c) and (d) of this section in a language and format accessible to the parent or foster parent.
(4) The school district receives a signed acknowledgment from the parent or foster parent acknowledging receipt of the written statement described in subsection (2) of this section.
(5) The parent or foster parent provides informed and written consent for the abbreviated school day program placement. [2023 c.290 § 3]
See note under 343.321.
[1957 c.556 § 1; repealed by 1963 c.570 § 33]