In 2023, Oregon passed legislation that marked a momentous stride toward establishing an education system that prioritizes inclusivity and equity for students with disabilities by putting systems in place that ensure that all Oregon students, regardless of ability, are offered access to the same amount of instruction and educational service minutes as their non-disabled peers.
Who is a “Student with a Disability” for the purposes of Abbreviated School Day Programs?
Under ORS 343.321(14), for the purpose of determining protections related to Abbreviated School Day Programs, a student with a disability includes students who:
- Are eligible for special education and related services, as provided by ORS chapter 343;
- Have a disability under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, and are eligible for a 504 Plan; or
- Have not been determined to be eligible for special education and related services, as provided by ORS chapter 343, or to be eligible for a 504 Plan, but for whom a request or referral for evaluation for eligibility determination has been made but not yet completed.
What is an Abbreviated School Day?
Under ORS 343.321, an abbreviated, shortened, or reduced school day is any school day during which a student receives instruction or educational services for fewer hours than the majority of other students who are in the same grade within the student’s resident school district, unless the statute requires comparison to another student group (see ORS 343.331 for exemption examples).
What is an Abbreviated School Day Program?
Under ORS 343.321, an Abbreviated School Day Program means an education program:
- In which a school district restricts access for a student with a disability to hours of instruction or educational services to less than the number of hours of instruction or educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district, unless the statute requires comparison with a different population of students; and
- That results in a student with a disability having an abbreviated school day for more than 10 school days per school year.
On this website, you will find guidance, sample forms, and resources related to Abbreviated School Day Programs in Oregon that:
- Emphasize the rights of students with disabilities to equitable access and outline steps to determine if a placement constitutes an Abbreviated School Day Program;
- Provide clarification on definitions, applicability, requirements, and processes relating to appropriate use of Abbreviated School Day Programs under Oregon law; and
- Offer details on accountability measures such as superintendent reviews, data reporting, and enforcement procedures to ensure compliance.