Age Limitations and Exceptions to FAPE
(1) A district must admit an otherwise eligible student who has not yet reached 21 years of age on or before September 1 of the current school year.(2) A student who receives a regular high school diploma is no longer entitled to FAPE. A regular education diploma does not include an alternative degree that is not fully aligned with the state’s academic standards, such as a certificate or general educational development credential (GED).(3)(a) If a school district chooses to provide special education to a student with a regular high school diploma, that student remains eligible for FAPE.(b) For students who were first enrolled in ninth grade in the 2016-17 school year or earlier or were first enrolled in ninth grade in the 2017-18 school year and had an early graduation plan approved before March 17, 2020, the parent or guardian may request that the district delay awarding the diploma, and the student continue to receive special education services, through the end of the board-adopted school calendar for the current school year. Upon receipt of a request, the IEP team must meet to discuss the continued need for special education services pending graduation. (A) The IEP team may determine that it is appropriate to delay graduation and continue to provide service. The IEP team must develop a plan to provide credit earning options under the Oregon Department of Education’s Distance Learning for All guidance that enables the student to graduate by August 31, 2020. FAPE must continue to be provided until graduation; or(B) The IEP team may determine that the student no longer requires services and should be awarded a diploma without delay. The parent or guardian retains rights under Procedural Safeguards.(4) The obligation to make a FAPE available to individuals with disabilities 18 through 21 years old who have been convicted as adults and are incarcerated in an adult correctional facility applies only to those individuals who, in their last educational placement before their incarceration in the adult correctional facility:(a) Were identified as being a child with a disability as defined in OAR 581-015-2000 (Definitions)(4); or(b) Had an individualized education program.(5) For purposes of subsection (4) of this rule,(a) “Adult correctional facility” means:(A) A local correctional facility as defined ORS 169.005 (Definitions for ORS 169.005 to 169.685 and 169.730 to 169.800);(B) A regional correctional facility as defined in ORS 169.620 (“Regional correctional facility” defined); or(C) A Department of Corrections institution as defined in ORS 421.005 (Definitions);(b) “Identified as being a child with a disability” means has been determined eligible or was involved in the process of determining the individual’s disability and eligibility for special education and related services under OAR 581-015-2130 (Autism Spectrum Disorder) to 581-015-2180 (Visual Impairment); and(c) “Last educational placement” includes juvenile correctional facilities.