IGBAJ - Special Education - Free Appropriate Public Education (FAPE)**
Policy IGBAJ
Code: IGBAJ
Revised/Readopted: 2/26/18, 10/22/18
Adopted: 3/17/14
Orig. Code(s): IGBAJ
The district admits all resident school age children with disabilities and makes special education and related services available at no cost to those:
- 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, even if they have not failed or have not been retained in a course or grade or are advancing from grade to grade;
- Who have not graduated with a regular high school diploma;
- Who have been suspended or expelled in accordance with special education discipline provisions; or
- Who reach age 21 before the end of the school year. These students remain eligible until the end of the school year in which they reach 21.
The district determines residency in accordance with Oregon law.
The district takes steps to ensure that its children with disabilities have available to them the variety of educational programs and services available to non-disabled children in the area served by the district and provides a continuum of services to meet the individual special education needs of all resident children with disabilities, and children with disabilities who are enrolled in public charter schools located in the district.
State law prohibits the district from recommending to parents, or requiring a child to obtain, a prescription for medication to affect or alter thought processes, mood or behavior as a condition of attending school, receiving an evaluation to determine eligibility for early childhood special education or special education or receiving special education services.
If the individualized education program (IEP) team determines that placement in a public or private residential program is necessary to provide FAPE, the program, including nonmedical care and room and board, must be at no cost to the parents of the child.
If a parent/guardian or adult student revokes consent for a student receiving special education and related services, the district will not be considered to be in violation of the requirement to make free appropriate public education (FAPE) available to the student because of the failure to provide the student with further special education and related services.
END OF POLICY
Legal Reference(s):
ORS 338.165 OAR 581-015-2020 OAR 581-015-2530
ORS 339.115 OAR 581-015-2035 OAR 581-015-2600
ORS 343.085 OAR 581-015-2040 – 2065 OAR 581-015-2605
ORS 343.224 OAR 581-015-2050 OAR 581-021-0029
Assistance to States for the Education of Children with Disabilities, 34 C.F.R. §§ 300.17, 300.101-110, 300.113, 300.300 (2017).
IGBAJ-AR
Code: IGBAJ-AR
Revised/Readopted: 2/3/20, 3/4/08
1. FAPE and Age Ranges
The district provides special education and related services to all resident school-age students with disabilities, including students with disabilities who are enrolled in public charter schools located in the district except as provided below.
a. “School-age children” are children who have reached 5 years of age but have not yet reached
21 years of age on or before September 1 of the current school year.
b. The district will admit an otherwise eligible student who has not yet reached 21 years of age
on or before September 1 of the current school year.
c. An otherwise eligible person whose 21st birthday occurs during the school year will continue
to be eligible for FAPE for the remainder of the school year.
d. The district provides FAPE to students with disabilities who have been suspended or expelled
from school in accordance with the special education discipline rules.
2. Nonacademic Services
a. The district provides equal opportunity for students with disabilities for participation in
nonacademic and extracurricular services and activities.
b. Nonacademic and extracurricular services and activities may include meals, recess
periods, counseling services, athletics, transportation, health services, recreational activities,
special interest groups or clubs sponsored by the district, referrals to agencies and
employment of students, including both employment by the district and assistance in making
outside employment available.
c. The district ensures that each child with a disability participates with non-disabled children in
the extracurricular services and activities to the maximum extent appropriate to the needs
of each individual child.
3. Graduation
a. A student who receives a regular high school or modified diploma is no longer entitled to FAPE.
b. If the district chooses to provide special education to a student with a regular high school
diploma, that student remains eligible for FAPE.
c. The district provides prior written notice a reasonable time before a student with a disability
graduates with a regular high school or modified diploma.
d. The district may, but is not required to, conduct a reevaluation before terminating eligibility
due to graduation with a regular high school or modified diploma.
e. The district may award an alternative document as described in Board policy to a student
with a disability. (See Board policy IKF - Graduation Requirements) Graduation with an
alternative document does not terminate eligibility, or require an evaluation or written prior
notice.
f. The district may, but is not required to, provide special education and related services to a
student who has graduated with a regular or modified diploma.
4. Incarcerated Youth
a. The district makes FAPE available to those individuals with disabilities 18 through 21 years
old who have been convicted as adults and are incarcerated in an adult correctional facility
who have not graduated with a regular diploma, and in their last educational placement before
their incarceration in the adult correctional facility:
1) Were identified as being a student with a disability as defined in Oregon Administrative
Rule (OAR) 581-015-2000; or
2) Had an individualized education program.
b. The district's provisions of FAPE does not include:
1) The requirements relating to participation of children with disabilities in statewide and
district assessments.
2) 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.
3) 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. Least-restrictive environment requirements do not apply with
respect to these modifications.
4) 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/guardian
after rights transfer to the student.
c. “Identified as being a student 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 581-015-2120.
d. “Last educational placement” includes juvenile correctional facilities.
5. Residential Placement
If the district places a student in a public or private residential program to provide special education and related services to a student with a disability, the district ensures that the program, including non-medical care and room and board, is provided at no cost to the parent/guardian of the student.
6. Physical Education
a. The district provides physical education services, specially designed if necessary, to each
eligible student.
b. The district provides the opportunity to participate in the regular physical education program
available to non-disabled students unless the student is enrolled full-time in a separate facility
or the student needs specially designed physical education.
c. If specially designed physical education is prescribed in a student’s IEP, the district will
provide the services directly or make arrangements for them to be provided by other
agencies or programs.
d. The district ensures that physical education is provided for eligible students enrolled in
separate facilities, if the district is responsible for the education of such students.
7. Public Charter Schools
a. The district serves children with disabilities attending public charter schools located in the
district in the same manner and in accordance with applicable laws and rules governing
the district’s provision of services to children with disabilities in its other schools.
b. The district ensures that all resident students who attend charter schools located in the
district receive FAPE.
c. The district shall, in consultation with the student’s parent, guardian or person in parental
relationship, provide FAPE to the student, in accordance with Oregon Administrative Rule
(OAR) 581-015-2230(1), until the district implements the IEP from the previous district or
develops, adopts and implements a new IEP that meets acceptable requirements. If the
information received was in effect in a previous district in another state, the district will
implement the IEP in accordance with OAR 581-015-2230(2).
d. The district provides supplementary and related services onsite at a district public charter
school to the same extent to which the district has a policy or practice of providing such
services on the site to its other public schools.
e. A school district in which a public charter school is located must provide individuals with the
school district provides those funds to other public schools in the district, including
proportional distribution based on relative enrollment of children with disabilities, at the
same time as funds are distributed to other public schools in the district.
f. If a child with a disability enrolls in a public charter school, the public charter school is
considered the school the child would attend if not disabled. Enrollment in any public
charter school is by parent choice. Enrollment in any out-of-district public charter school
does not require an intedistrict transfer agreement.
When a student enrolls in a public charter school, the district in which the public charter school is located shall:
a. Provide written notification of the student’s enrollment to the district in which the student
resides;
b. Request, in accordance with applicable confidentially provisions in state and federal laws,
the records of the student, including all information related to an individualized education
program developed for the student;
c. Provide written notification to the student’s parent, guardian or person in parental relationship
to provide information about:
1) The district’s responsibility to identify, locate and evaluate to determine a student’s
need for special education and related services and to provide those special education
services in the public charter school; and
2) The methods by which the district may be contacted to answer questions or provide
information related to special education and related services.
When a student no longer is enrolled in a public charter school for any reason other than graduation, the district in which the public charter school is located shall notify;
a. The district in which the student resided to provide notice:
1) That the student no longer is enrolled in the public charter school; and
2) That the district will provide the student education records including all information
related to the student's IEP if the student seeks enrollment or services from the
district in which the student resides.
b. The student’s parent, guardian or person in parental relationship to provide information
about:
(1) The responsibility of the school district in which the student resides to identify, locate
and evaluate students and implement services
(2) The methods by which the student’s resident district may be contacted to answer
questions or provide information about special education and related services; and
(3) The responsibility of the district to provide student records, including information
related to the student’s IEP, if the student seeks enrollment or services from another
district, including the parent’s resident district.
8. Misclassified Students
a. The district ensures that students identified on the special education child count under
Part B of the Individuals with Disabilities Education Act (IDEA) are limited to students who:
1) Meet eligibility requirements under OAR 581-2120 to 2180;
2) Have a current IEP that is being implemented;
3) Are receiving a FAPE;
4) Are enrolled in the district.
9. Student with Disabilities under IDEA Enrolled in Public Benefits or Insurance.
A district may use the state’s Medicaid or other public benefits or insurance programs in which a child participates to provide or pay for special education and related services required under IDEA, and permitted under the public benefits or insurance programs as specified below.
With regard services required to provide FAPE to a child with disabilities under IDEA, a district;
a. May not require parents to sign up for or enroll in public benefits or insurance programs in
order for their child with disabilities to receive FAPE under the IDEA, but may pay the cost
that the parent otherwise would be required to pay; and
b. May not use the child’s benefits under a public insurance program if that use would:
1) Decrease available lifetime coverage or any other insurance benefit;
2) Result in the family paying for services that would otherwise be covered by the public
benefits or insurance program, and that are required for the child outside of the time the
child is in school.
3) Increase premiums or lead to the discontinuation of insurance; or
4) Risk loss of eligibility for home and community-based waiver, based on aggregate
health-related expenditures; and
Prior to accessing a student’s or parent’s public benefits or insurance for the first time, and annually thereafter, the district must provide prior written notification to the student’s parents and must obtain written consent[1] that:
a. States the personally identifiable information that may be disclosed (e.g. records or
information about the services that may be provided to the student);
b. State the purpose of the disclosure (e.g. billing for services under IDEA);
c. Names the agency to which the disclosure may be made (e.g. Medicaid);
d. Specifies that the parent understands and agrees that the public agency may access
the parent’s or student’s public benefits or insurance to pay for services under IDEA;
e. Acknowledges the district may not require parents to incur an out-of-pocket expense
(i.e. payment of a deductible or co-payment incurred in filing a claim for special education
or related services), but may pay the cost that the parent otherwise would be required to pay;
and
f. Acknowledges the district may not use the student’s benefits under a public insurance
program, if that use would:
1) Decrease available lifetime coverage of any other insured benefit;
2) Result in the family paying for services that would otherwise be covered by the public
benefits or insurance program and that are required for the student outside of the time
the student is in school;
3) Increase premiums or lead to the discontinuation of insurance; or
4) Risk loss of eligibility for home and community-based waivers, based on aggregate
health-related expenditures.
10. Accessible Materials
a. Districts must ensure the timely provision of print instructional materials, including textbooks
that comply with the National Instructional Materials Accessibility Standards (NIMAS) for
students who are blind or print disabled.
b. Districts must ensure the timely provision of instructional materials in accessible formats to
children who need instructional materials in accessible formats, including those children
who are not blind or print disabled.
11. Extended School Year (ESY) services as per administrative regulations, Special Education –
Individualized Education Program (IEP) – IGBAF-AR.
12. Assistive technology devices or services as per administrative regulations, Special Education -
Individualized Education Program (IEP) – IGBAF-AR.
[1] “Consent” means that the parent or adult student 1) has been fully informed, in his/her native language or other mode of communication, of all information relevant to the activity for which consent is sought and b) understands and agrees in writing to the carrying out of the activity for which his/her consent is sought. Consent is voluntary of the part of the parent and meeting the requirements of consent provisions for OAR 581-015-2090, IDEA and Family Education Rights and Privacy Act (FERPA).