By: Ryan Lolar, Indigenous Peoples Unit (IPU) Staff Attorney, and Alida Pitcher-Murray, IPU Intern
Many schools in Maine have been suffering from staffing shortages. In fact, several school districts have recently considered shortening the school day, closing schools, or going remote due to these staffing shortages. Some of the most severe shortages affect students receiving special education.
While students with disabilities have been wrongfully sent home early long before this shortage began, the Kids Legal team continues to see a significant number of cases of schools unlawfully putting children on an abbreviated day. Because the federal government does not require schools to collect or report data on abbreviated school days, the extent of the problem, specifically for children with disabilities, can be difficult to assess. However, there are a set of ground rules that govern special education and abbreviated days that all parents should know to protect their rights and those of their children.
What is an abbreviated school day?
An abbreviated school day is a day when a student receives less time at school than same-grade-level peers in the same school.
When is an abbreviated school day unlawful?
It is unlawful for a student to be put on an abbreviated school day as a disciplinary tactic. Schools should follow the disciplinary procedures set out in the school handbook for all students. It is important to remember that students who receive special education services through an Individualized Education Program (IEP) or accommodations through a 504 Plan have additional rights when faced with disciplinary action resulting in more than 10 days out of school.
Using abbreviated school days to address disability-related behaviors in school is unlawful. In its settlement with Lewiston Public Schools, the Department of Justice (DOJ) condemned the district’s overuse of abbreviated school days to manage disability-related behavior. The settlement requires Lewiston Public Schools to end its practice of systemically and discriminatorily using abbreviated days for students with disabilities based on staffing, purported safety concerns, or a lack of appropriate placement, even if the student is waiting to be transitioned to a new placement. The Lewiston settlement signals to other Maine school districts that similar usage of abbreviated days will not be tolerated.
When is an abbreviated school day appropriate?
A move to a shortened day is appropriate only when the IEP team believes that for the safety and educational needs of the child, a temporary move to a shorter school day would benefit them. It should only be utilized as a last-resort option after all other supportive measures have been attempted.
If your student begins to receive less time at school than same-aged peers for more than 10 school days, this is considered a change in placement. The decision can only be made by the IEP team. If the IEP team determines that a child needs an abbreviated school day, the team must develop a re-entry plan for the child to return to school. The return must be within 45 calendar days. If your child is unable to return within 45 days, the team must meet every 20 school days to review your child’s progress towards returning.
What if my child is not making progress towards returning to a full day?
If your child is not progressing toward a full day of school, the IEP team must determine what additional services or settings will allow the child to progress to a full school day. This might include access to one-on-one ed tech instruction or out-of-district placements if the services your child needs cannot be addressed in the public school setting where they are currently placed. A contract with a board-certified behavioral analyst (BCBA) can also be very helpful in assisting the student to get more structure and support for managing challenging behaviors by helping the school and family identify patterns behind problematic behavior and making suggestions for addressing the triggers in a way that will best motivate your student. A parent can ask the school to utilize a BCBA in the context of a 504 Plan or IEP meeting.
What if my child does not have an IEP?
If you suspect your child is being put on a shortened day due to disability-related behaviors, and your child does not yet have an IEP, the first step is to find out if your child is eligible for an IEP. Parents can make a referral for an evaluation in any area of suspected disability for their child at any time. Once a referral is made, the school has 15 school days to set up an IEP meeting to discuss the referral, what evaluations need to take place, and provide a consent form. A school district cannot evaluate your student without your signed consent.
Once you have consented to evaluations, the school district has 45 school days to conduct the evaluations and another 15 school days to hold a meeting to review the results of the evaluations and determine eligibility.
What if I have done all of this, and I still believe the school is wrongfully keeping my child on an abbreviated school day schedule?
Give us a call! Pine Tree’s Kids Legal unit can help with communication with the school regarding your child’s rights to a full school day. The best way to reach the Kids Legal team is during live intake open call center hours:
Indigenous Peoples Unit Hotline: 1-877-213-5630
Call Center Hours & Numbers:
- Mondays: 12:00 p.m. - 2:30 p.m.
- Tuesdays: 9:00 a.m. - 11:30 a.m.
- Thursdays: 9:00 a.m. - 11:30 a.m.
Regional Contacts:
- Mi'kmaq Nation, Houlton Band of Maliseets, and Aroostook County: 207-764-4349
- Penobscot Nation, Penobscot, Piscataquis, and Waldo Counties: 207-942-8241
- Kennebec, Somerset, Knox, and Lincoln Counties: 207-622-4731
- Cumberland, York, and Sagadahoc Counties: 207-774-8211
- Androscoggin, Franklin, and Oxford Counties: 207-784-1558
- Passamaquoddy Tribe, Washington, and Hancock Counties: 207-255-8656