Rule Rule 581-015-2020
Recovery of Funds for Misclassified Children


School districts must ensure that children identified on the special education child count under Part B of the Individuals with Disabilities Education Act are limited to eligible children.


For purposes of this rule, an “eligible child” means a child aged three through school-age who:


Is determined to be a child with a disability under OAR 581-015-2130 (Autism Spectrum Disorder) to 581-015-2180 (Visual Impairment);


Has a current IEP or IFSP that provides for special education and related services that is being implemented; and


Is receiving a free appropriate public education.


For the purposes of this rule, an “ineligible child” means a child for whom one or more of the requirements in subsection (2) is not met.


The Department may recover funds for ineligible children included on a district’s special education child count.
Last accessed
Aug. 8, 2020