2017 ORS 343.161¹
Abbreviated school day programs
  • parental rights

(1) As used in this section:

(a) “Abbreviated school day” means any school day during which a student receives instruction or educational services for fewer hours than other students who are in the same grade within the same school.

(b) “Abbreviated school day program” means an education program:

(A) In which a school district restricts a student’s access to hours of instruction or educational services; and

(B) That results in a student having an abbreviated school day for more than 10 school days per school year.

(c) “Parent” includes the student, if the student is 18 years of age or older or is emancipated pursuant to ORS 419B.550 (Definitions for ORS 419B.550 to 419B.558) to 419B.558 (Entry of judgment of emancipation).

(d) “Unilaterally place” means a placement by a school district without the consent of the student’s parent.

(2) A school district may not unilaterally place a student on an abbreviated school day program, regardless of the age of the student.

(3) A school district may provide an abbreviated school day program to a student only if the student’s individualized education program team:

(a) Determines that the student should be placed on an abbreviated school day program:

(A) Based on the student’s needs; and

(B) After the opportunity for the student’s parents to meaningfully participate in a meeting to discuss the placement; and

(b) Documents that the team considered at least one option that included appropriate supports for the student and that could enable the student to access the same number of hours of instruction or educational services that are provided to students who are in the same grade within the same school.

(4) If a student is placed on an abbreviated school day program, the school district shall, at least once each term:

(a) Provide the following information in writing to the parent of the student:

(A) The school district’s duty to comply with the requirements of this section;

(B) The prohibition against a school district unilaterally placing a student on an abbreviated school day program; and

(C) The student’s presumptive right to receive the same number of hours of instruction or educational services as other students who are in the same grade within the same school and the parent’s right to request, at any time, a meeting of the individualized education program team to determine whether the student should no longer be placed on an abbreviated school day program.

(b) Obtain a signed acknowledgment from the parent of the student that the parent received the information described in paragraph (a) of this subsection.

(c) Include in the student’s individualized education program a written statement that explains the reasons the student was placed on an abbreviated school day program.

(5) This section does not apply to:

(a) Any abbreviated school days that are a component of discipline imposed in compliance with ORS 339.250 (Duty of student to comply with rules);

(b) A student who will be eligible to complete the requirements for a diploma or certificate under ORS 329.451 (High school diploma) during the school year if the student, and the parent of the student, agree to the abbreviated school day program; or

(c) A student whose parent has notified an education service district that the student is being taught by a parent, legal guardian or private teacher under ORS 339.035 (Teaching by private teacher, parent or guardian). [2017 c.322 §2]

Note: 343.161 (Abbreviated school day programs) was added to and made a part of ORS chapter 343 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Under Former Similar Statute (Ors 343.077)

Under former sec­tion hearings of­fi­cer and Depart­ment of Educa­tion were empowered to direct school district to pay tui­tion of handicapped child placed in private residential facility. Mahoney v. Adm. Sch. Dist. No. 1, 42 Or App 665, 601 P2d 826 (1979)

Chapter 343

Notes of Decisions

As handicapped children are entitled under this chapter to receive special educa­tion and related services free of charge, where private residential place­ment for handicapped child has been found necessary, tui­tion expense must be borne by school district, and this obliga­tion is not limited to school year. Mahoney v. Adm. Sch. Dist. No. 1, 42 Or App 665, 601 P2d 826 (1979)

1 Legislative Counsel Committee, CHAPTER 343—Special Education and Other Specialized Education Service, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors343.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 343, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano343.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.