This question was originally posted on www.avvo.com.
The Question:
My son who is 8 has autism he is in special needs class on a military base. We just moved to a new place and he has gone to school for several years now. However this new school only has him going 2 hours a day. At first I agreed to do this for a few weeks to get him used to the school but its been a few months now and I think they are doing it to convenience themselves. I think he needs to go all day like the other kids. Is this even legal? Only keeping him for 2 hours?
My Response:
The law requires public schools to provide your son a Free Appropriate Public Education (FAPE). Going to school for only two hours per day is not appropriate for most children and might not address your son's educational needs. Does your son's current IEP say that he requires a shorter school day? If not, the school is not implementing the IEP. If the IEP does provide for a shorter day and you think this is not what your son needs, you can request a change to the IEP and if the district refuses, you can reject the IEP.
I would strongly recommend that you speak with an attorney at a special education law firm. You can find one at www.copaa.org.
Q & A: Is it Legal to Only Provide My Son a Two Hour School Day?