Is it Legal to Shorten the School Day of a Student with a Disability?

Written by: Linda M. Gorczynski, Attorney at Hickman & Lowder Co., L.P.A.

In general, the length of a school day should be no different for a disabled student. Under certain specific circumstances though, an IEP team can agree to shorten the school day of a student with a disability where it is required to meet that particular child’s unique needs and provide her a free appropriate public education (FAPE). Still, it should be very rare and typically, only temporary.

If, for example, a student with a disability underwent a serious surgery and her physician recommended shortened school days for three weeks to give her a chance to heal and build up her endurance – it seems appropriate for the team to decide upon a temporary shortened school day. Shortened school days may be also be warranted where a student is undergoing chemotherapy for cancer and lacks the physical strength and vitality to engage in a full day of scholastics. In both situations, the team decision would be necessary in order to meet the particular child’s needs as related to his/her disability. When adjusting the school day, the team should be careful to identify specific parameters as to when the student is expected to return to full school days, and whether or not compensatory services are necessary to make up for any lost instruction time.

Shortened school days should never be implemented as a way to “deal” with a student’s disability-related behaviors. Many of my clients report that they are often called to pick up their children from school because the school can’t control the behaviors. While this may be necessary in very isolated events where there are serious threats to one’s physical safety (or the use of drugs or weapons are involved), it should not be a regularly occurring event. (Keep records for yourself!) If the school does not know how to meet the child’s behavioral needs, it must reconvene the IEP team and discuss solutions, which may include contracting with a behavioral consultant to conduct a functional behavioral assessment and behavior intervention plan, changing the location of services in order to provide necessary behavioral supports by trained individuals, etc. Shortening the student’s school day is not the long term answer and looks a lot like disability discrimination and a denial of the free appropriate public education (FAPE) that is required by IDEA and Section 504 laws.

Another situation where I see shortened school days being implemented is through transportation. For example, the special ed kids are all transported on the same bus, but that bus leaves school 15 minutes early every day for logistical reasons. That is an inappropriate use of shortened days. Similar fact patters across several states have been investigated by the Office for Civil Rights which found these shortened school days to be in violation of Section 504 law, and ordered districts to fix the problem and consider the appropriateness of compensatory education for any lost school time. If this is happening in your district, where your child is regularly arriving late to school or regularly leaving early due to bus schedules, I would encourage you to address this with the school immediately. If the school does not respond, report it to the Ohio Department of Education or get some legal advice.

The key question to ask in determining whether it is legal for the school to shorten your child’s school day is: Is a shortened day necessary in order for your child’s disability-related needs to be met so that he/she can receive a free appropriate public education? The answer must be determined by the IEP team, which always includes full participation by the child’s parent or guardian.

For more information on this topic go to:

http://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/15141207-a.pdf

http://www2.ed.gov/about/offices/list/ocr/docs/investigations/more/02151099-a.pdf

https://www.disabilityscoop.com/2016/03/22/schools-shortened-disabilities/22068/

http://www.ohiolegalservices.org/public/legal_problem/students-schools/education-accommodation-for-disabilities/qandact_view

http://schd.ws/hosted_files/dpicollaborativepstconferen2015/4f/2015%20Collaborative%20PST%20Shortened%20School%20Days.pdf