Senate Bill 475: Foster Youth, Abbreviated School Day Programs and Changes to ODE’s Notice and Acknowledgement Sample Form

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To:  Superintendents and Principals

This message is being sent to you on behalf of:

Candace Pelt Ed.D
Assistant Superintendent
Office of Enhancing Student Opportunities

Senate Bill 475: Foster Youth, Abbreviated School Day Programs and Changes to ODE’s Notice and Acknowledgement Sample Form

Effective January 1, 2020, Senate Bill 475 sets forth new requirements relating to the placement of foster youth on abbreviated school day programs. 

SB 475 adds language to ORS 343.161 (Abbreviated school day programs; parental rights) that explicitly notes its application to foster youth, and also describes the rights of foster parents and surrogates. SB 475 also adds the following provisions to ORS 343.161: (1) The student’s Individualized Education Program (IEP) team must provide the student’s foster parent with a reasonable opportunity to physically attend the meeting at which the abbreviated school day program is discussed; and (2) The school district must provide the foster parent with a written statement that summarizes the IEP team’s documentation 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.

ORS 343.161 currently states that, with certain exceptions (e.g., discipline in compliance with existing law, home schooling), students who do not have IEPs must not be placed on abbreviated school day programs without parent consent. For students with IEPs, an abbreviated school day program may only be implemented if determined necessary by the IEP team. There are specific requirements for any IEP team considering such a placement, as follows:

A school district may provide an abbreviated school day program to a student with an IEP only if the student’s IEP team takes all of the following actions:

  • Determines that the student should be placed on an abbreviated school day program based on the student’s needs;
  • Provides the student’s parents/guardians with an opportunity to meaningfully participate in a meeting to discuss the placement;
  • Documents in the IEP the reasons why the student was placed on an abbreviated school day; and
  • Documents that the team considered at least one option that includes 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.

SB 475 also modifies the existing abbreviated school day notice and acknowledgement provision of ORS 343.161 to specifically include provisions for foster youth. At least once per term, districts must provide written notice to, and obtain signed acknowledgement from, parents/guardians or foster parents regarding abbreviated school day program rules and processes. See sample language below that school districts can incorporate to update existing notice and acknowledgement forms. 

Word: Abbreviated School Day Notice and Acknowledgement 
PDF: Abbreviated School Day Notice and Acknowledgement

For questions please contact:

Lisa Bateman
503-947-5655