Subject: States that Don't Offer a Full Day of Kindergarten
My son is on an IEP. He clearly requires a full day of services but the state we reside in only offers a free half day program. The school district is mandating I pay a tuition for him to attend the full day. Every students pays tuition that attends f/t. Doesn't IDEA and FAPE apply to all states regardless if the state is a full day, half day, or no day kindergarten program?
Each state defines the required instructional day for school aged youth in grades 1-12. However, Kindergarten is a different standard due to Kindergarten being an optional program to parents who could choose to decline to enroll. That said, states will opt to opine that half day programs shall include no less than a three hour instructional day. The local school board regulates whether the local system will exceed a state requirement of the three hour minimum and extend Kindergarten to eith a full day or sustain a half day.
The bottom line of what this is saying is that the buren of proof relies upon you to demmonstrate that a longer period of service is needed and appropriate for your child to benefit from the delivery of special education and if appropriate, related services. If I were your advocate, I would argue against you attempting to do this.