Abbreviated School Day Program Placements under SB 819

Introduction to SB 819

SB 819, signed into law on July 13, 2023, represents a significant transformation in the structure of Abbreviated School Day Program Placements for students with disabilities in Oregon. This law repeals ORS 343.161 and establishes a new framework, emphasizing meaningful access, updated definitions, informed consent, regular meetings, and increased accountability.

SB 1558: New Exemptions

With the enactment of SB 1558, signed into law on March 27, 2024, Oregon introduces targeted exemptions to the requirements for Abbreviated School Day Programs (ASDP) as introduced in SB 819.

SB 1558 adds two new potential exemptions for students with disabilities related to ASDPs. Depending on the individual circumstances of each student with a disability as defined in SB 819, school districts might not be subject to the requirements of SB 819 for students in the following situations:

On Track to Graduate: Students with disabilities who are in 11th or 12th grade, who are on track to graduate with a standard diploma (including modified diplomas) within four years of starting 9th grade or by the end of the current school year, and who voluntarily do not schedule a class for one or more class periods.

Asynchronous Instruction: Students with disabilities, who receive asynchronous instruction for no more than one class per term or semester, when that one asynchronous course meets specific criteria. SB 819’s requirements for placement on an ASDP still apply to asynchronous instruction that does not meet all specified criteria.

Key Highlights of SB 819

1. Meaningful Access: Students with disabilities must have access to the same number of instructional hours as other students in their resident school district.
2. Updated Definitions: The bill broadens the scope of comparison for instructional hours and updates the definition of “student with a disability.”
3. Informed and Written Parent Consent: Schools must obtain consent from parents or foster parents before placing a student on an abbreviated school day program.
4. Regular IEP/504 Meetings: Regular meetings are mandated within specific timelines to review the student's placement.
5. Increased Accountability and Enforcement: ODE has the authority to investigate complaints and withhold funding from noncompliant districts.
6. SB 1558 adds potential exemptions for students with disabilities related to ASDPs

Guidance and Implementation

As school districts and programs prepare to implement SB 819, we are committed to providing ongoing support and resources. Below, you’ll find links to guidance documents, sample forms, communications, and tools to assist with the implementation process.

Note: SB 1558 (2024) added exemptions for school teams when considering or using abbreviated school day programs with students with disabilities. This guidance document summarizes the impact of SB 1558. However, ODE is reviewing all of the SB 819 guidance, tools, and resources to ensure alignment with SB 1558’s requirements and will update those documents here if and as needed. School districts should carefully review the requirements of SB 1558 to ensure their implementation of SB 819 accounts for the revisions made by SB 1558.

If you have questions about SB 819 or need assistance with implementing its requirements, please reach out to us at ODE.SB819Questions@ode.oregon.gov. Staff within the Office of Enhancing Student Opportunities and ODE’s Civil Rights team will monitor and reply to these emails. Additionally, questions received there may be used for development of FAQs, which will be posted here.

SB 819 Complaints

If you want to revoke consent for the placement of a student with a disability on an abbreviated school day program or have other concerns related to abbreviated school days or abbreviated school day programs, please email ODE’s abbreviated school day team at ODE.SB819Complaints@ode.oregon.gov

Please note that the information provided here is ODE’s interpretation based on the current understanding of SB 819 and may be subject to change as the bill progresses through the legislative process. ODE cannot and does not provide legal advice. ODE recommends that school districts and programs work with counsel where legal advice related to implementation of SB 819 is required.