As used in ORS § 343.321 to 343.331:

(1) ‘Abbreviated school day’ means any school day during which a student with a disability receives instruction or educational services for fewer hours than the majority of other students who are in the same grade within the student’s resident school district.

(2) ‘Abbreviated school day program’ means an education program:

(a) In which a school district restricts access for a student with a disability to hours of instruction or educational services to less than the number of hours of instruction or educational services that are provided to the majority of other students who are in the same grade within the student’s resident school district; and

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

(3)(a) ‘Educational services’ includes any social, learning, enrichment, community or support opportunity or benefit that is offered during the school day to the majority of other students who are in the same grade within a student’s resident school district, including:

(A) Passing time between classes;

(B) Time reasonably needed to transport a student between locations during the school day if the student receives hours of instruction or educational services in more than one location on the same day;

(C) Recess;

(D) Nonacademic assemblies and field trips;

(E) Job shadows, internships and community service activities arranged by the school or school district;

(F) Optional school programs held during the school day, including study periods and advisory periods that are open to the majority of students in the school;

(G) Lunch periods or other meal or snack periods provided to the majority of students of the school; and

(H) Reasonable access to school facilities during noninstructional time that is equal to the access available to the majority of other students who are in the same grade within the student’s resident school district.

(b) ‘Educational services’ does not include time being transported to or from school or time traveling between a classroom and transportation before or after the school day.

(4) § 504 Plan’ means an education plan developed for a student with a disability in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794.

(5) ‘Foster parent‘ means the foster parent of a child or ward who is in the legal custody of the Department of Human Services as provided in ORS § 418.015 or 419B.337 and who has been placed in substitute care.

(6) ‘Hours’ includes any fraction of an hour.

(7) ‘Individualized education program team’ includes, when applicable, a team that develops a 504 Plan.

(8) ‘Informed and written consent’ means that a student’s parent or foster parent has signed and dated a written consent form affirming that:

(a) The parent or foster parent received the information described in ORS § 343.324 (2) and (3);

(b) The parent or foster parent was not asked to provide consent for an abbreviated school day program placement before having an opportunity to meaningfully participate in a meeting of the individualized education program team;

(c) The school district offered, and the individualized education program team considered, at least one reasonable alternative placement, as described in ORS § 343.324 (1)(c), prior to requesting that the parent or foster parent provide consent for an abbreviated school day program placement;

(d) The parent or foster parent was informed that the individualized education program team will meet at least once every 30 calendar days during the school year unless the parent or foster parent provides signed consent to meet less frequently as provided in ORS § 343.326 (2)(b)(B);

(e) The parent or foster parent was informed that if, during the school year, the individualized education program team is scheduled to convene less frequently than once every 30 calendar days during the abbreviated school day program, the school district must convene an individualized education program team meeting within 14 calendar days of receiving a written request from the parent or foster parent for the meeting;

(f) The parent or foster parent voluntarily signed the consent form for the abbreviated school day program placement; and

(g) The parent or foster parent was informed of the right to revoke consent, in writing, to an abbreviated school day program placement at any time and informed that the parent or foster parent is not required to request or attend an individualized education program team meeting prior to revoking consent to an abbreviated school day program placement.

(9)(a) ‘Instruction’ means the time during which a student is:

(A) Engaged in regularly scheduled instruction, learning activities or learning assessments that are designed to meet Common Curriculum Goals or grade level academic content standards or engaged in specially designed instruction that is individualized to support a student to make meaningful progress in the general curriculum.

(B) Working under the direction and supervision of a licensed or registered teacher, a licensed career and technical education instructor, a licensed practitioner or an instructional assistant who is assigned instructionally related activities and is working under the direct supervision of a licensed or registered teacher.

(b) ‘Instruction’ does not include time spent:

(A) Passing between class, at recess, in nonacademic assemblies, on nonacademic field trips, traveling to or from school, loading or unloading from a school bus at the start or end of the student’s school day, participation in optional programs or participation in study periods or advisory periods when attendance is not required and no instructional assistance is provided.

(B) In an online learning program during which the student is unable to access the materials or benefit from instruction because the school district has not provided the student with the supports necessary to access the materials or instruction, including the support of an instructional assistant, nursing services, adapted materials or other related services identified in the student’s individualized education program or 504 Plan as being necessary for a free appropriate public education.

(10) ‘Meaningful access’ means access to full-time, quality instruction or educational services that is:

(a) Delivered by:

(A) A qualified licensed teacher; or

(B) Qualified classified staff who are under the direct supervision of a qualified licensed teacher; and

(b) Synchronous, unless the instruction or educational services are provided by a virtual public charter school in compliance with ORS Chapter 338.

(11) ‘Parent’ includes:

(a) A parent or a legal guardian, other than a state agency.

(b) The student, if the student is 18 years of age or older or is emancipated pursuant to ORS § 419B.550 to 419B.558.

(c) The student’s surrogate, if the student has a surrogate, as defined in ORS § 419A.004.

(12) ‘Resident school district’ means the school district in which a student is a resident under ORS § 339.133.

(13) ‘School district’ includes an education service district.

(14) ‘Student with a disability’ means a student who:

(a) Is eligible for special education and related services, as provided by ORS Chapter 343;

(b) Has a disability under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, and is eligible for a 504 Plan; or

(c) Has not been determined to be eligible for special education and related services, as provided by ORS Chapter 343, or to be eligible for a 504 Plan, but for whom a request or referral for evaluation for eligibility determination has been made but not yet completed.

(15) ‘Unilaterally place’ means a placement by a school district without the informed and written consent of the student’s parent or foster parent. [2023 c.290 § 1]

343.321 to 343.333 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 343 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.