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Val:  I have a client who receives one hour less of instructional time per day than his non-disabled peers (at his home school). In addition, his guardian stated he receives even less instructional time due to the fact that his bus is at their home each day before school is even supposed to let out, (dismissal is at 2:45 & the guardian claims school is to end at 3PM). She is curious if this is a denial of FAPE.

  1. Please help me! My son is autistic and the school has shortened his day. School starts at 8:30 and I was told to pick him up by 10:00 am. That is the end of his school day. School starts at 8:30 and ends at 2:45. What should I do? They put this in his IEP and said I agreed to it!! They have decided thats all he can handle. My son can handle a whole day of school but the school won’t budge on this issue. Even worse they put this in his IEP and wont take it out. I want my son to be in school like other kids and the school won’t help him. What can I do to help my son get the education he needs?

  2. You might be able to show a denial of FAPE if you can tie it into a lack of alignment with the state curriculum and/or progress toward the IEP goals.

  3. Students with disabilities are to have the same length day as all students. The IEP team can decide for specific students the regular school day is not appropriate for them. The team should then be working to lengthen the child’s school day.

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