OAR 581-015-2020: Recovery of Funds for Misclassified Children

(1) 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. (2) For purposes of this rule, an "eligible child" means a child aged three through school-age who: (a) Is determined to be a child with a disability under OAR 581-015-2130 to 581-015-2180; (b) Has a current IEP or IFSP that provides for special education and related services that is being implemented; and (c) Is receiving a free appropriate public education. (3) 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. (4) The Department may recover funds for ineligible children included on a district's special education child count.