Question:

Dear Dru,

The district has my son, who is autistic, in a program for only 2 ½ hours a day. They say he can get his IEP goals met in that time and that his behavior indicates that he cannot tolerate more than that amount of time. They also require that I stay by the phone when he is in school in case they need me to come and get him. I don't have a cell phone so I can't get out to shop or run errands in the little time he is not home. I signed the IEP because I didn't feel I had any choice. Do I?

Lois

Answer:

Dear Lois,

I am glad you asked!! I run into situations like yours all the time and it is absolutely not okay. The IEP team is required to provide the student with a free and appropriate education (FAPE) in the least restrictive environment (LRE) in which he makes adequate yearly progress in the general curriculum and in mastering his goals and objectives. If he makes that kind of progress in less than half a day, he is clearly capable of greater progress in a full day!

If your son's behavior impedes his learning, or the learning of his classmates, he must be provided the kinds of services and supports he needs in order to benefit from FAPE. Positive behavioral interventions are those kinds of supports and services. A behavior support plan is one type of support that may be helpful. The local educational agency (LEA) cannot use a shortened day as a positive behavioral support!

A shortened day may be used briefly for a specific purpose such as:

Note that all of these are transitory conditions. Shortened days should be used rarely. The purpose must be clearly stated and this purpose must clearly require a shortened day. The IEP must include a plan to increase time in school until a full day is achieved. With beginning and ending dates specified.

In addition, when you are called to pick him up early, it constitutes a removal. A removal for behavior for a student with an IEP is subject to limitations. On the 11th day, a functional behavioral assessment must be conducted and a behavior support plan developed. While it's not clear if removal for a part of a day counts as one day, in your son's case, when he only has 2 ½ hours to begin with, he has clearly lost most of the day already.

Use Guidelines to Administer Shortened Days for Students with Problem Behaviors written by Diana Browning Wright, explains what is legal and offers alternatives to a full day in the classroom that might allow a student to make progress.