When considering shortening the day of any student receiving special education, an Individualized Education Program (IEP) team must be mindful of legal mandates regarding free appropriate public education (FAPE), least restrictive environment (LRE), and educational benefit. Under the Individuals with Disabilities Education Act (IDEA), FAPE is defined as an educational program that is individualized to a specific child, designed to meet that child’s unique needs, provides access to the general curriculum, meets the grade-level standards established by the state, and from which the child receives educational benefit (34 CFR §300.17). FAPE requires both access to the general curriculum and progress toward IEP goals and objectives as outlined in a student’s IEP.   Regarding LRE, IDEA establishes, “To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are non-disabled,” and “special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only if the nature or severity of the disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily (34 CFR §300.114(a)).” It is also mandated that students with disabilities participate with students without disabilities in non-academic and extracurricular services and activities, including meals and recess periods, to the maximum extent appropriate to their individual needs. An IEP team is required to ensure the IEP for each student constitutes a good-faith description of a free and appropriate public education in the least restrictive environment.  If supports exist that can allow a student to participate in classes and a regular school setting for a full school day, it is strongly recommended that those be offered in lieu of a shortened day in order to provide FAPE in the LRE and allow the student to receive educational benefit. Access and exposure to the general curriculum are maximized if a student can attend school for a full day. Opportunities for non-academic and extracurricular activities with non-disabled peers are reduced as well when the school day is shortened. It would not be possible in some cases to provide adequate interaction with non-disabled peers and progress toward social/behavioral goals if a student does not participate in a full school day in a regular school setting. On the other hand, a placement must foster maximum interaction between disabled pupils and their non-disabled peers “in a manner that is appropriate to the needs of both” (EDC §56031; Sacramento City Unified School Dist. v. Rachel H. (9th Cir. 1994)). This suggests there could be instances in which the effect of the student’s presence on the teacher and on other students in the classroom might be considerations yielding a shortened day determination. However, this would not occur often and would generally be time limited.   

 

It is recommended that any offer of a shortened day as FAPE should be brief, for a specific purpose, and designed to meet a student’s unique needs. It is often prompted by the recommendation of a physician through written request. A student’s IEP should reflect team discussion of the continuum of services and placement, including a shortened day and any alternatives considered. It is best practice for IEPs of students placed on a shortened day to include language regarding reintegration and return to a full day, as well as a method and criteria for determining reintegration to a less restrictive setting. For examples of sample monitoring and fading plans, see the "Paraeducator Guidelines” Resource.   

 

When considering shortening the school day of a student based on their needs, the following cautions should be considered: 

• Removal limits still apply. Sending a student home for a partial day based on behavior is not considered a shortened day as an offer of FAPE. This would be considered a removal, which is subject to IDEA and the education code.  
• In order to be defensible, any IEP offering a shortened day needs to carefully document that services and placement are providing FAPE. Compensatory education may be determined appropriate if shortened days are not providing FAPE per a student’s IEP. 
• If a student is temporarily placed on a shortened day due to an IEP team decision, the LEA/district is required to offer transportation to the student to accommodate their modified schedule if that student is otherwise eligible for special education transportation. 
• Ensure behavioral interventions do not deprive a student of necessary instructional time. A Behavior Intervention Plan (BIP) should be developed to minimize instructional disruption. For further information, see the Procedural Guide Section on “Behavior Intervention Plans.”
• Pay attention to unintended interruptions that can have an unintended impact on instruction and progress. For instance, transportation issues, such as a late bus arrival or a parent/guardian dropping a student late every day, may negatively impact a team’s ability to offer FAPE. In that instance, the IEP team needs to address these concerns, even when transportation is considered a parental obligation. 

The use of a shortened day to provide FAPE may be appropriate for a limited number of students, in limited circumstances, and for limited periods of time. Examples of appropriate uses of a shortened day may include, but are not limited to: 

• For a student with a recent brain trauma who is currently in recovery. 
• Upon recommendation of a physician for a student beginning new seizure medication and request to gradually increase the length of the student’s school day. 
• For a recently adopted student from another country who is experiencing transition difficulties when parent(s)/guardian(s) and when the therapist requests a gradual transition to school. 
• For a student with school phobia, school refusal, or selective mutism who is in treatment, when the student’s therapeutic plan specifies a gradual transition to full-day attendance with beginning and end dates specified. 
• Teams who are considering a shortened day may also benefit from reviewing the “Independent Study, Home-Hospital Instruction, and Home Instruction” section of this Procedural Guide.  

 

In many cases, a shortened day will not provide a student FAPE in the LRE and will not provide a student with educational benefit. In these instances, a full day must be offered to support the needs of a student. A shortened day should only be considered when such an offer of FAPE can address the unique needs of a student. Inappropriate uses of a shortened day may include, but are not limited to: 

• When a shortened day will not allow the student to earn the required number of credits to graduate. The use of shortened day in this situation may be considered in limited circumstances with caution.  
• Instead of a full-day program that could offer FAPE. An IEP team should not make an offer of a shortened day if another public or non-public placement could provide a full-day learning experience to meet IEP goals and progress in the general curriculum.
• Instead of appropriate BIP or necessary behavioral supports.
• Upon parent/guardian request alone. The team is obligated to offer and implement a legally compliant IEP and thus must refuse a parent’s/guardian’s request if the team believes the shortened day does not constitute FAPE in an LRE and provide a student with an opportunity to receive educational benefit.
• When FAPE has yet to be determined. Indefensible rationales: “We knew they shouldn’t attend school only one hour a day, but we didn’t know what else to do, so we shortened their day.” “We can’t have the student at our school. They get into too many fights in the afternoon. The student is fine in the morning, so we will only have them on campus for the first three periods.” Having a parent/guardian come to pick the student up in these temporary situations would be considered removal, so caution is warranted. 

 

 

Creative problem-solving by an LEA/district and IEP team may be necessary to identify solutions or service arrangements that meet the needs of students without shortening the school day as appropriate. Some alternatives to a shortened day may include the following: 

• Volunteer or paid work outside the school setting in addition to a shorter school day. In this case, volunteer or paid work could be included to address IEP goals (such as transition or social skills), and on-the-job experience credit may be granted. 
• School-based activities outside of class time, such as assisting staff or onsite work experience (if supporting IEP goals). 

• Part-time school/part-time intensive educationally related mental health treatment. A day treatment component might be required to address the student’s social-emotional needs. The IEP team would document the combination of placements as offering FAPE in the LRE. 

 

If you have concerns or questions regarding the use of shortened day as an offer of FAPE, please contact an El Dorado SELPA program specialist. As mentioned above, a shortened day may be an appropriate offer of FAPE in limited circumstances, and care must be taken to ensure that an offer of placement and services also provides a student educational benefit in the Least Restrictive Environment.