Question:

The school is trying to limit a student’s school day to three hours a day. The student is very upset (high functioning but does get agitated.) Can the school limit the hours? I don’t think so but I was trying to find a law or something in IDEA to support my belief.

Joan from NM

Answer:

Dear Joan from NM,

I am so glad you brought up the topic of the shortened school day. Too often I have run across IEP teams, parents and district staff who have made the decision to shorten a student’s school day in response to the frustrations of educating a student with behavioral challenges.

Before I provide you my summary answer to your question I want to refer you to one of my sources, PENT, so you and your IEP Team can learn more about shortened days. PENT stands for Positive Environments, Network of Trainers and is a California Positive Behavior Initiative designed to provide information and resources throughout California for educators striving to achieve high educational outcomes through the use of evidence-based proactive positive strategies.

Available at the PENT website [http://www.pent.ca.gov/law.htm] are two valuable documents about shortened days both authored by Diana Browning Wright:

• “Shortened Day: Appropriate and Inappropriate Uses Concepts Guidelines and Examples”
• “Shortened Day - Use Guidelines to Administer For Students with Problem Behavior”

Now, let me first answer your specific core question, “Can the school limit the hours?” Basically, as Diana Browning Wright states, “Shortened days will rarely constitute free appropriate public education (FAPE) in the least restrictive environment (LRE) and leaves districts exposed to liability. They [shortened days] should rarely be used unless the purpose is clearly stated, truly requires this option and is for a brief period of time with a clearly written start and end date. Remind staff of other options when a full day is not viable and alternative placement is not required to achieve FAPE.” Diana Browning Wright provides the following examples of shortened school days that may allow progress in general curriculum and mastery of individualized education program goals and objectives. However, she states that evaluation of whether these are the least restrictive solutions and whether they result in appropriate education for a specific student would still need to be made.

• Earning physical education high school credits for activities off campus such as weightlifting in a local gym, home exercise program, or attendance at a community night class. Changing staff, providing a peer buddy, or other aids and supports should be ruled out before this option is considered.
• Volunteering or paid work experience placement off campus. This option supports IEP goals in Transition.
• Assisting staff on campus related to IEP goals and objectives in social skills development, work experience or mastering a skill. Again, IEP goals are being addressed through the activities. Remember to consider the LRE issue before selecting this option. Can these goals be met with supplementary aids and supports in regular programs?
• Attending day treatment afternoon programs at another site in which IEP goals and objectives in the social-emotional area are taught. This placement was determined to constitute a FAPE component for the student and does not result in less than full time educational programming.
• Attending classes on a regular campus, followed by classes in other settings where high school units are being earned at the same rate. Before choosing home teaching or enrollment at another site, always account for LRE considerations and make certain the IEP team is in agreement.

The practice of shortening a student’s school day requires careful consideration and scrutiny to determine if FAPE in the LRE is abridged by a shortened day and whether progress in general curriculum toward mastery of IEP goals and objectives can be made. Something else at issue is whether ‘adequate yearly progress’ as described in the No Child Left Behind Act (NCLB) can be achieved.

Clearly you are an advocate for your student, and I think the intent of your question is also about what else could the teaching team be doing to educate the student. You mentioned that the student “does get agitated.” Well, although all individuals with an Autistic Spectrum Disorder (ASD) are unique individuals, we do know that social impairments go with the diagnosis and are lifelong. In this case it sounds like the student may also be presenting with some anxiety.

I recommend that the IEP team meet to evaluate the behaviors you described. A resource for writing behavior plans (in CA they are called Behavior Support Plans or BSPs) can be found at the PENT website: http://www.pent.ca.gov/behplan.htm . In California, most IEP teams would develop a behavior plan to support the student when s/he becomes agitated. In addition to teaching the student better ways to cope when agitated, the team develops ways of modifying the environment to reduce the situations that make the student agitated (reduce, not eliminate of course, because life cannot always be modified!) and to create more supportive environments for the student when agitated.

It seems to me that IEP teams often, not always, resort to a shortened school day because they are not fully knowledgeable of evidence-based practices for individuals with an ASD. There are education and intervention approaches that may reduce some of the challenges associated with this diagnosis. We know that it is essential to develop educational programming that is individually designed and includes goals in the areas of communication, social interaction skills and behavior. We know that structure and providing appropriate visual supports are just two important teaching strategies that assist students with an ASD. The IEP team needs to work together and become informed and educated in how to teach students with an ASD to ensure optimal outcome expectations for the student.

Thanks for your question and good luck in sharing this information with your IEP team.