An Act to Ensure Equal Access to a Full School Day for All Students
Maine Legislature, Session 132, LD 1098
Sponsors: MURPHY, RAFFERTY
Amends: 20-A MRSA §4801

Legislative Document
No. 1098
H.P. 720
House of Representatives, March 18, 2025
An Act to Ensure Equal Access to a Full School Day for All Students
(EMERGENCY)
Received by the Clerk of the House on March 14, 2025.  Referred to the Committee on 
Education and Cultural Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MURPHY of Scarborough.
Cosponsored by Senator RAFFERTY of York and
Representatives: CLOUTIER of Lewiston, CRAFTS of Newcastle, DODGE of Belfast, KUHN 
of Falmouth, MOONEN of Portland, Senator: PIERCE of Cumberland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, students in schools across Maine, primarily students with disabilities, are 
often denied access to a full school day by being placed on abbreviated school days or 
tutoring programs; and
Whereas, all students in the same grade and school administrative unit have a right to 
meaningful access to the same number of hours of instruction and educational services; and
Whereas, removal from school for all or part of the day is neither a service nor support 
for students; and
Whereas, any use of an abbreviated school day program should be infrequent and, 
under most circumstances, should be used for a limited duration and should only be used 
with the informed consent of the parents or guardians; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period to prevent students placed in abbreviated school day programs from falling behind 
peers in school curriculum learning and from failing to meet the system of learning results; 
and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  20-A MRSA §4801, sub-§1-A is enacted to read:
1-A.  Abbreviated school days.  The following provisions apply to abbreviated school 
days.
A. For the purposes of this subsection, "abbreviated school day" means any day that a 
student is required to attend school or receives educational services for less time than 
grade peers within the same school. This includes students placed in tutoring services 
for less than a full school day.
B. For the purposes of this subsection, "abbreviated school day program" means a 
program in which a student is required to attend an abbreviated school day for 10 or 
more cumulative days in the same school year.
C. A school administrative unit may place a student in an abbreviated school day 
program only after all of the following are satisfied: 
(1) The decision to use an abbreviated school day program is based on the student's 
individual medical or behavioral health needs and documented in:
(a) A health care directive or medical management plan;  
(b) An individualized education plan or an individualized family service plan 
as defined in the federal Individuals with Disabilities Education Act, 20 United 
States Code, Section 1401 et seq. (2015); or  
(c) A plan developed pursuant to the federal Rehabilitation Act of 1973, 29 
United States Code, Section 794 (2015) or the federal Americans with 
Disabilities Act of 1990, Title II, 42 United States Code, Section 12131 et seq. 
(2009); 
(2) Written documentation of the abbreviated school day program, which must 
include:
(a) An explanation of how the student will meet the system of learning results 
under section 6209 and receive full access to the general curriculum; 
(b) Documentation of the number of hours of educational services per day to 
be provided as part of the abbreviated school day program and the times the 
services will be provided; and
(c) A description of the services, if any, to be provided to assist the student in 
returning to a full school day as soon as possible; and
(3) The parent or foster parent provides informed and written consent for the 
abbreviated school day placement after being informed of the following in writing:
(a) The student's right to have 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 school administrative unit;
(b) The prohibition on the school administrative unit to place a student with a 
disability in an abbreviated school day program without the required 
documentation; and
(c) The parent's or foster parent's right, at any time, to withdraw consent for an 
abbreviated school day program placement.
The requirements of this paragraph must be met every 45 school days until the student 
returns to a full school day program unless the parent or foster parent provides informed 
written consent to meet less frequently. For students already in an abbreviated school 
day program, these requirements must be met prior to the start of the 2025-2026 school 
year.
D. A school may not consider, recommend or implement an abbreviated school day 
program due to a lack of school resources, including, but not limited to, staffing 
resources, training resources and supportive services.
E. Upon receipt of a written revocation or objection to the abbreviated school day 
program placement from a parent or foster parent, the school administrative unit 
superintendent shall ensure that, within 5 school days, the student has 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 school 
administrative unit.
The requirements of this subsection do not apply when students have been removed from 
school pursuant to generally applicable disciplinary procedures and the abbreviated school 
day program is being provided during that period of removal.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill establishes requirements regarding abbreviated school days, including criteria 
for when a school administrative unit may place a student in an abbreviated school day 
program and requirements for documentation, parental consent and instruction hours. It 
excludes from the requirements students who have been removed from school pursuant to 
disciplinary procedures while the program is being provided during the period of removal.