Oregon Department of Education
255 Capitol Street NE
Salem, Oregon 97310-1206
Policy and Procedures for Special Education: 2007-2008
Free Appropriate Public Education (FAPE)
The District admits all resident school age children with disabilities and makes special education and related services available at no cost to those:
Who have reached 5 years of age but have not yet reached 21 years of age on or before September 1 of the current school year, even if they have not failed or have not been retained in a course or grade or are advancing from grade to grade;
Who have not graduated with a regular diploma;
Who have been suspended or expelled in accordance with special education discipline provisions; or,
Who reach age 21 before the end of the school year. These students remain eligible until the end of the school year in which they reach 21.
The District determines residency in accordance with Oregon law.
The District may, but is not required to, provide special education and related services to a student who has graduated with a regular diploma.
The District provides a continuum of services to meet the individual special education needs of all resident children with disabilities, including resident children enrolled in District charter schools.
State law prohibits the District from recommending to parents, or requiring a child to obtain, a prescription for medication to affect or alter thought processes, mood or behavior as a condition of attending school, receiving an evaluation to determine eligibility for early childhood special education or special education, or receiving special education services.
If the IEP Team determines that placement in a public or private residential program is necessary to provide FAPE, the program, including non-medical care and room and board, must be at no cost to the parents of the child.
OAR 581-015-2045 Age Limitations and Exceptions to FAPE;
OAR 581-015-2410 Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern);
OAR 581-015-2415 Disciplinary Removals of More than 10 School Days (Pattern or Consecutive);
OAR 581-015-2425 Removal to an Interim Alternative Educational Setting by School District
OAR 581-015-2430 Removal to an Interim Alternative Educational Setting by School District (Injurious Behavior);
OAR 581-015-2435 Requirements of an Interim Alternative Educational Setting;
OAR 581-015-2440 Protections for Children Not Yet Eligible for Special Education;
ORS 339.133-137 Residency
ORS 339.873 Recommendations on medication to affect or alter thought processes, mood or behavior prohibited; exceptions.
A student graduating with a regular high school diploma is no longer entitled to FAPE.
The District provides prior written notice a reasonable time before a student with a disability graduates with a regular high school diploma.
The District is not required to conduct a reevaluation before terminating eligibility due to graduation with a regular high school diploma.
Graduation with an alternative document:
The District may award an alternative document meeting the criteria of the State Board of Education alternative document to a student with a disability.
Graduation with an alternative document does not terminate eligibility, require an evaluation, or require prior written notice.
OAR 581-015-2045 Age Limitations and Exceptions to FAPE;
OAR 581-015-2050 Graduation
The District makes assistive technology devices or assistive technology services, or both, available to a child with a disability if required as a part of the child’s special education, related services or supplementary aids and services.
On a case-by-case basis, the District makes available assistive technology devices purchased by the school for use in a child’s home or in other settings when the child’s IEP team determines that the child needs access to those devices to receive a free appropriate public education.
District policy governs:
Liability, if any, for the loss or damage of assistive technology devices; and,
Transfer of an assistive technology device when a child with a disability using the device ceases to attend school in the District that purchased the device. “Transfer” means the process by which a school District that has purchased an assistive technology device may sell, lease or loan the device for the continuing use of a child with a disability who is ceasing to attend school in the District.
OAR 581-015-2055 Assistive Technology
School Districts must ensure the timely provision of print instructional materials, including textbooks that comply with the National Instructional Materials Accessibility Standards (NIMAS) for students who are blind or print disabled.
School Districts must ensure the timely provision of instructional materials in accessible formats to children who need instructional materials in accessible formats, including those children who are not blind or print disabled.
OAR 581-011-0052 Accessible Instructional Materials Required
OAR 581-015-2060 Accessible Materials
OAR 581-022-1640 Instructional Materials
Extended School Year Services (ESY)
The District provides extended school year services if the child’s IEP Team determines, on an individual basis, that the services are necessary for the provision of FAPE. Extended School Year services mean special education and related services that are provided to a child with a disability beyond the normal school year in accordance with the child’s IEP and are provided at no cost to the parents of the child.
The purpose of ESY services is the maintenance of the child’s learning skills or behavior, not the teaching of new skills or behaviors.
The District has established criteria for determining the need for ESY services. Criteria must include regression and recoupment time based on documented evidence or, if no documented evidence, on predictions according to the professional judgment of the team.
The District may not limit ESY services to particular categories of disability or limit the type, amount, or duration of those services.
581-015-2065 Extended School Year Services
The District takes steps, including the provision of supplementary aids and services determined appropriate and necessary by the child's IEP Team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford children with disabilities an equal opportunity for participation in those services and activities.
Nonacademic and extracurricular services and activities may include meals, recess periods, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs sponsored by the school District, referrals to agencies that provide assistance to individuals with disabilities, and employment of students, including both employment by the school District and assistance in making outside employment available.
The District ensures that each child with a disability participates with nondisabled children in the extracurricular services and activities to the maximum extent appropriate to the needs of each individual child.
OAR 581-015-2070 Nonacademic Services
The District makes physical education services, specially designed if necessary, available to every child with a disability receiving FAPE, unless the school enrolls children without disabilities and does not provide physical education to children without disabilities in the same grade.
The District provides the opportunity to each child with a disability to participate in the regular physical education program available to nondisabled children unless the child needs specially designed physical education as prescribed in the child’s IEP.
If specially designed physical education is included in the child’s IEP, the District must provide the services directly or make arrangements for those services to be provided through other public or private programs.
If the child with a disability is enrolled full time in a separate facility, the District must ensure that the child receives appropriate physical education services.
34 CFR §300.108 Physical education
The District serves resident children with disabilities attending charter schools sponsored by the District in the same manner and in accordance with applicable laws and rules governing the District’s provision of services to children with disabilities in its other schools.
The District convenes an IEP meeting as soon as possible following notification by the charter school that a student with a disability has enrolled.
The District provides supplementary and related services on site at the District’s charter school to the same extent to which the school District has a policy or practice of providing such services on the site to its other public schools.
The District ensures that resident children attending charter schools not sponsored by the District are provided special education and related services in accordance with ORS 338.165.
If a child with a disability enrolls in a charter school, the charter school is considered the school the child would attend if not disabled. Enrollment in any charter school is by parent choice. Enrollment in an out-of-District charter school does not require an interdistrict transfer agreement.
OAR 581-015-2075 Charter Schools
ORS 338.165 Charter Schools – Special Education Students
FAPE for Individuals Convicted and Incarcerated as Adults
The District has a plan, approved by the local school board, to provide or cause to be provided, appropriate education for children placed in a local or regional correctional facility located in the school District.
FAPE for individuals with disabilities 18 through 21 years old convicted and incarcerated as adults in an adult correctional facility is limited to those who, in their last educational placement, including in juvenile correctional facilities before their incarceration in the adult correctional facility:
Were identified as being a child with a disability defined in accordance with Oregon rule; or,
Had an individualized education program (IEP).
The District provides FAPE for students with disabilities ages 18 through 21 incarcerated as adults in an adult correctional facility if, in the last educational setting before their incarceration:
Were identified as students eligible for special education; and,
Had an IEP.
The District’s provision of FAPE does not include:
The requirements relating to participation of children with disabilities in statewide and school District assessments.
For students whose eligibility for services will end before their release, the requirements related to transition planning and transition service do not apply. The District makes this determination based on considerations of the sentence and eligibility for early release. Requirements relating to transition planning and transition services, with respect to the students whose eligibility will end, because of their age, before they will be eligible to be released from adult correctional facilities based on consideration of their sentence and eligibility for early release.
The IEP team may modify the student's IEP or placement if the State has demonstrated a bona fide security or compelling penological interest that cannot otherwise be accommodated. Least restrictive environment requirements do not apply with respect to these modifications.
The public agency responsible for the special education of students in an adult correctional facility is not required to provide notice of meetings to the parent after rights transfer to the student.
OAR 581-022-2045 Age Limitations and Exceptions to FAPE
OAR 581-015-2200 Content of IEP
OAR 581-015-2205 IEP Team Considerations and Special Factors
OAR 581-015-2210 IEP Team
OAR 581-015-2215 Oregon Standard IEP
OAR 581-015-2220 When IEPs Must Be in Effect
OAR 581-015-2225 Review and Revision of IEPs
OAR 581-015-2230 Transfer Students
OAR 581-015-2235 School District and Participating Agency Responsibilities for Transition Services
OAR 581-015-2240 Requirements for Least Restrictive Environment
OAR 581-015-2325 Transfer of Procedural Rights at Age of Majority
OAR 581-015-2600 Incarcerated Youth
OAR 581-015-2605 Plans to Serve Students in Local or Regional Correctional Facilities
ODE: October 2007 Section 2 — Free Appropriate Public Education (FAPE) Page of