OAR 581-015-2045: 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) If a school district chooses to provide special education to a student with a regular high school diploma, that student remains eligible for FAPE. (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(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; (B) A regional correctional facility as defined in ORS 169.620; or (C) A Department of Corrections institution as defined in ORS 421.005; (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 to 581-015-2180; and (c) "Last educational placement" includes juvenile correctional facilities.