Section 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:
(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.Added by 2023 Ch. 290, § 3