Rule Rule 581-015-2040
Free Appropriate Public Education (FAPE) and Age Ranges


Except as provided in OAR 581-015-2045 (Age Limitations and Exceptions to FAPE), school districts must provide a free appropriate public education all school-age children with disabilities for whom the district is responsible pursuant to ORS 338, ORS 339, OAR 581-021-0019 (Interdistrict Transfer Agreement), or open enrollment under section 9, chapter 718, Oregon Laws 2011, “School-age children” are children who have reached five years of age but have not yet reached 21 years of age on or before September 1 of the current school year.


An otherwise eligible person whose 21st birthday occurs during the school year is eligible for FAPE for the remainder of the school year.


The requirements of this rule also apply to children with disabilities who have been suspended or expelled from school in accordance with OAR 581-015-2410 (Additional Disciplinary Removals of Up to 10 School Days Each (No Pattern)) to 581-015-2440 (Protections for Children Not Yet Eligible for Special Education).
Last accessed
Jul. 4, 2020