(1)In accordance with OAR 581-015-2045 (Age Limitations and Exceptions to FAPE), the obligation to make a free appropriate public education available to all children with disabilities does not apply with respect to certain students aged 18 through 21 incarcerated in an adult correctional facility.
(2)For students with disabilities who are convicted as adults, incarcerated in adult correctional facilities, and otherwise entitled to a free appropriate public education:
(a)The following IEP requirements in OAR 581-015-2200 (Content of IEP) do not apply:
(A)The requirements relating to participation of children with disabilities in statewide and school district assessments; and
(B)The 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.
(b)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. The requirements of OAR 581-015-2200 (Content of IEP) and 581-015-2240 (Requirement for Least Restrictive Environment) do not apply with respect to these modifications.
(3)For purposes of this rule, “adult correctional facility” has the meaning in OAR 581-015-2045 (Age Limitations and Exceptions to FAPE).
(4)Notwithstanding OAR 581-015-2190 (Parent Participation – General)(6)(b), 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 pursuant to OAR 581-015-2325 (Transfer of Procedural Rights at Age of Majority).
Rule 581-015-2600 — Incarcerated Youth,