2023 Oregon Revised Statutes › Volume : 09 - Education and Culture › Chapter 343 - Special Education and Other Specialized Education Services › Section 343.322 - Legislative findings; requirements before considering, recommending or implementing abbreviated school day program; determination of abbreviated school days; parental notification; requirement for parental consent; prohibition on unilateral placement on abbreviated school day program.

(1) The Legislative Assembly finds that:
(a) Students with disabilities have a right to meaningful access to the same number of hours of instruction and educational services as the majority of students without disabilities who are in the same grade within the student’s resident school district.
(b) Removal from school is neither a service nor support for students with disabilities.
(c) Use of an abbreviated school day program for students with disabilities should be infrequent and, under most circumstances, should be used for a limited duration.
(2) Before considering or recommending a student with a disability for an abbreviated school day program, a school district must document reasonable efforts to provide 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.
(3) A school district may not consider, recommend or implement an abbreviated school day program due to the school district, or a contractor with the school district, having inadequate staffing available for instruction or educational services.
(4) For the purpose of determining if an abbreviated school day program has been implemented, or of determining if a student with a disability has received an abbreviated school day for more than 10 school days, the following are considered examples of an abbreviated school day:
(a) The school district implementing policies or taking actions that are not applied to the majority of other students who are in the same grade within the student’s resident school district and that cause the student to start school late, to leave school early or to not come to school due to:
(A) Lack of school district personnel, including instructional assistants, nursing staff and transportation providers;
(B) Convenience of school district staff; or
(C) Behaviors related to the student’s disability, unless the schedule is provided pursuant to ORS 339.250, 339.252, 343.155 (5) or 343.177.
(b) The school district releasing the student early from school or requesting or requiring the student not to come to school due to any illness that would not typically have the same effect for the majority of other students who are in the same grade within the student’s resident school district.
(c) The school district requesting the student to not attend, prohibiting the student from attending or otherwise making attendance inaccessible for a planned activity, including a field trip, a special event or an outdoor school program.
(d) The school district imposing temporary lack of access to education facilities due to construction, special events or weather when that lack of access does not apply to the majority of other students who are in the same grade within the student’s resident school district.
(e) The school district providing transportation that arrives at the student’s school after the start of the school day or leaves from the student’s school before the end of the school day and that causes the student to receive fewer hours of instruction or educational services than the number of hours provided to the majority of other students who are in the same grade within the student’s resident school district.
(f) The school district failing to provide transportation identified in the student’s individualized education program or 504 Plan.
(g) The student being placed in a program or school when:
(A) The program or school offers all students attending the program or school fewer hours of instruction and educational services than are provided to the majority of other students who are in the same grade within the student’s resident school district; and
(B) The student’s resident school district does not provide the student with an additional placement that ensures that the student has 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.
(5) If an individualized education program team recommends that a student with a disability be placed in a program or school that offers fewer hours of instruction and educational services than are provided to the majority of other students who are in the same grade within the student’s resident school district, the school district must inform the parent or foster parent in a language and format accessible to the parent or foster parent of the following:
(a) That placement in the program or school would be an abbreviated school day program placement unless a sufficient number of additional hours of instruction or educational services are provided to the student to ensure that the student has meaningful access to at least the same total 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; and
(b) The number of hours of instruction and educational services that, over the course of two ordinary full school weeks, the student will not be able to access while placed on the abbreviated school day program if the student is not provided additional hours of instruction or educational services as described in paragraph (a) of this subsection.
(6)(a) When a school district places a student with a disability in a school or program, the student’s resident school district shall ensure that the student has 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 unless the student’s parent or foster parent has provided informed and written consent for an abbreviated school day program placement.
(b) Prior to the placement of a student with a disability in a school or program, the student’s resident school district shall ensure that the student has 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.
(c) When calculating the number of hours of instruction and educational services that are provided by a school or program that operates on a different schedule than the schedule of the resident school district of a student with a disability, the resident school district must compare the total number of hours of instruction and educational services offered over the course of two ordinary full school weeks to determine whether the student will 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 in the student’s resident school district.
(d) The requirements of this subsection apply regardless of whether the resident school district has control over the school or program that the school district is considering placing the student with a disability in, including schools and programs that provide services under a contract with a school district or that serve students from multiple school districts.
(7) A school district may not unilaterally place a student with a disability on an abbreviated school day program, regardless of the age of the student. [2023 c.290 §2]
Note:
See note under 343.321.