DIVISION OF SPECIAL EDUCATION

Telephone: 317/232-0570

Facsimile: 317/232-0589

March 31, 1997

Director

Principal

Special Education Planning District

Indiana

Dear Director and Principal:

I am writing in response to your March 11, 1997 FAX inquiry

of, "Can a thirty-minute

lunch period be counted as part of a student's

instructional day if goals and objectives

are written into the student's Individualized Eduction Program."

The length of instructional day is addressed in

Article 7 at 7-13-2 (b) and 7-13-3 (b)

with related information to be found at

7-12-1 (k) (4). Essentially, the IEP for an

individual student may address the need

for scheduling, shortened school day, medical

needs, endurance needs and related factors.

Thus, there are situations where a

shortened school day is needed.

The counting of a thirty-minute lunch

period as instructional time is, again, an individual

student issue. If the counting of the lunch

period is somehow related to a shortened

school day or reduced instructional time,

a justification and case conference decision

would be necessary. If there is no effect on

the length of school day or instructional time

issues, then, again, case conference agreement

would be needed, but there would not be the

need to justify a shortened school day or

reduced instructional time.

A major concern would be situations where

an entire class, group or building of

students would be affected and a shortened

school day or reduced instructional time

would result for all of the students. In

such cases, the decisions would not be

"individual" but rather group scheduling

decisions and issues of administrative

convenience or transportation scheduling

would arise.

In summary, individual decisions concerning

IEPs, scheduling, goals and objectives to

be met during the lunch period and

related issues can be made on an individual basis if

agreed to by the case conference committee.

Such decisions affecting entire groups or

categories of students would generally not

be allowed if a shortened school day

resulted.

I hope the above is helpful to you.

Feel welcome to contact our office should you have

additional questions.

Sincerely,

Robert A. Marra, Director

Division of Special Education