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 students individualized education program team: (a) Recommends that the student should be placed on an abbreviated school day program: (A) Based on the students 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 students parent or foster parent to meaningfully participate in a meeting of the individualized education program team to discuss an abbreviated school day program placement. A students parent or foster parent must be provided the reasonable opportunity to physically attend the meeting of the individualized education program team at which the abbreviated school day program placement is discussed, unless the parent or foster parent consents to holding the meeting through telephone or other electronic means or unless the holding of a meeting in person is not reasonable due to a public health emergency. (b) Makes determinations about the instruction and educational services to be offered to the student based on the students 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 students 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 students return to a school day program that is not an abbreviated school day program; and (ii) Make progress toward the students 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 students progress toward the students 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 students 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 students 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 students 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 parents or foster parents right, at any time, to withdraw consent for an abbreviated school day program placement or to request a meeting of the students 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. Note: See note under 343.321.
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