Shortened School Days

From IN*SOURCE

"As part of the protections afforded under the IDEA, students with disabilities have the right to attend school for the same length of time in each school day as non-disabled students. Schools have a fundamental obligation under the IDEA to provide FAPE to all students, no matter the severity of their disability. The failure to provide the same instructional time for students with disabilities is actionable under the IDEA and Section 504 as a denial of a FAPE.

Affording a student less than a full school day as a way to eliminate the occurrence of a student’s problematic behavior or as a result of the lack of school resources is contrary to the IDEA’s goal that an IEP result in appropriate progress. Access to a full day of educational programming is not contingent on the student demonstrating a desired level of behavioral performance.

The Hechinger Report released a story this month that focuses on a growing national trend for students with disabilities to receive off-the-books suspensions, or “informal removals”. It references this guidance issued by the US Department of Education on avoiding discriminatory use of discipline. IN*SOURCE adapted work from a number of sources to create this summary of key points regarding the shortened day. 

If you believe your child with a disability has been denied equal access to school and you would like assistance as you advocate for your child, please reach out to your regional special education liaison. We are dedicated to seeing that children and young adults with disabilities thrive due to access to effective educational programming and appropriate individualized services."