Or. Admin. R. 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.

Notes

Or. Admin. R. 581-015-2020

1EB 269, f. & ef. 12-22-77; ODE 2-2003, f. & cert. ef. 3-10-03; Renumbered from 581-015-0049, ODE 10-2007, f. & cert. ef. 4-25-07

Stat. Auth.: ORS 343.041, 343.055

Stats. Implemented: ORS 343.243