reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-1. Definitions

Sec. 1. The definitions in this section apply throughout this chapter.
(1) "Agreement" means an:
(A) identical resolution adopted by the governing body of each participating school corporation or the governing board of a participating charter school; or
(B) agreement approved by the governing body of each participating school corporation or the governing board of a participating charter school;
providing for a special education cooperative.
(2) "Assessed valuation" of a participating school corporation for a school year means the net assessed valuation of the school corporation for the immediately preceding March 1, adjusted in the same manner as any adjustment is made in determining the amount of state distribution for school support.
(3) "Board of managers" means the board or commission charged with the responsibility of administering the affairs of a special education cooperative.
(4) "Governing body" of a participating school corporation or charter school means the board or commission charged by law with the responsibility of administering the affairs of the school corporation or charter school.
(5) "Participating school corporation" means a local public school corporation that:
(A) is established under Indiana law; and
(B) cooperates with other school corporations or charter schools in a special education cooperative.
(6) "Participating charter school" means a charter school that is established under Indiana law and cooperates with other school corporations or charter schools in a special education cooperative.
(7) "Percentage share" of a participating school corporation is the percent that its assessed valuation bears to the total assessed valuation of all the participating school corporations joining in an agreement.
(8) "Special education cooperative" means a department, school, charter school, or school corporation established, maintained, and supervised for the education of students with a disability in accordance with this section.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(a).]
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.3; P.L.233-2015, SEC.285.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-2. Formation of Special Education Cooperative

Sec. 2. A participating school corporation or charter school, together with one (1) or more participating school corporations or charter schools, may form a special education cooperative in accordance with the provisions of either sections 13 through 15 of this chapter or section 16 of this chapter, but subject to the limitations of this section and sections 3 through 8 of this chapter, by adopting an agreement that contains the following provisions:
(1) A plan for the organization, administration, and support for the special education cooperative, including the establishment of a board of managers.
(2) The commencement date of the establishment of the special education cooperative, which must be contemporaneous with the beginning of a school year.
(3) The extension of the special education cooperative for at least five (5) school years and a provision that the special education cooperative will extend from school year to school year after the five (5) year period unless the special education cooperative is terminated by action of the governing bodies or governing boards of a majority of the participating school corporations and participating charter schools that is taken at least one (1) year before termination of the agreement.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(b).]
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.4.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-3. Modification of Special Education Cooperative Agreement

Sec. 3. During the term of an agreement adopted under section 2 of this chapter, the agreement may be modified by unanimous consent of all the participating school corporations and charter schools.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(b).]
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.5.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-4. Special Education Cooperative Agreement Terms

Sec. 4. An agreement adopted under section 2 of this chapter may include the following:
(1) An agreement to acquire sites, buildings, and equipment for the sites and buildings by:
(A) purchase;
(B) lease from any of the participating school corporations or charter schools for the term of the agreement; or
(C) lease under the provisions of IC 20-47-2 or IC 20-47-3.
(2) An agreement to repair, equip, and maintain school buildings and equipment.
(3) An agreement that participating school corporations may use funds from their respective operations funds to pay for the costs under subdivision (1) or (2) or for any other purposes authorized under IC 20-40-18.
(4) An agreement with a charter school to exchange any consideration for special education services.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(b).]
As added by P.L.1-2005, SEC.19. Amended by P.L.2-2006, SEC.157; P.L.38-2014, SEC.6; P.L.244-2017, SEC.62.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-5. Funding

Sec. 5. The amount of money used from a participating school corporation's operations fund shall be determined by agreement among the participating school parties.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(b).]
As added by P.L.1-2005, SEC.19. Amended by P.L.2-2006, SEC.158; P.L.38-2014, SEC.7; P.L.244-2017, SEC.63.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-6. Costs

Sec. 6. The cost of the special education cooperative for each school year shall be paid by the participating school corporations and charter schools in accordance with the terms of their agreement. Agreements for the payment of the cost of the special education cooperative may:
(1) establish a formula for payments that meet the needs of the participating school corporations and participating charter schools; or
(2) base payments on a percentage share formula.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(b).]
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.8.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-7. Termination of Agreement

Sec. 7. Upon the termination of the agreement, the participating school corporations and charter schools shall be liable for their respective portions of any long term lease or other long term obligations in the same annual portions as are provided in the agreement as though the agreement had not been terminated, unless the terms under which the obligations were set up provide otherwise.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(b).]
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.9.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-8. Employment of Teachers

Sec. 8. A special education cooperative may employ teachers and issue teaching contracts in accordance with all the provisions for public teaching contracts. A teacher who has taught or is teaching in a participating school corporation who became or becomes a teacher in the special education cooperative retains semipermanent, permanent, or nonpermanent status in the participating school corporation to the same extent as if the teacher had continued teaching in the participating school corporation, and the teacher's employment may be terminated solely by the board of managers of the special education cooperative.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(b).]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-9. Rights and Privileges of Teachers in Participating School Corporation

Sec. 9. A teacher who:
(1) is employed by a special education cooperative; and
(2) previously taught in a participating school corporation;
retains all rights and privileges under IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and IC 20-28-10 to the same extent as if the teacher had continued teaching in the participating school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(c).]
As added by P.L.1-2005, SEC.19. Amended by P.L.90-2011, SEC.47.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-10. Rights and Privileges of Teachers Without Existing Service in Participating School Corporation

Sec. 10. A teacher who:
(1) is employed by a special education cooperative; and
(2) does not have existing years of service in any of the participating school corporations;
shall be considered to be employed by the special education cooperative and is entitled to the same rights and privileges under IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and IC 20-28-10 as if the teacher were employed by a school corporation.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(d).]
As added by P.L.1-2005, SEC.19. Amended by P.L.90-2011, SEC.48.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-11. Teacher Recall Lists

Sec. 11. If a teacher loses the teacher's job in a special education cooperative due to:
(1) a reduction in services of;
(2) a reorganization of;
(3) the discontinuance of; or
(4) a withdrawal in whole or in part of a participating school corporation from;
the special education cooperative, the teacher shall be added to the recall list of laid off teachers that is maintained by the participating school corporations, and the teacher shall be employed under the terms of the recall provisions of the participating school corporations for a special education job opening that occurs in any of the participating school corporations. In addition and during the time the former special education cooperative teacher is entitled to remain on the recall list, all teachers in the participating school corporation other than the former special education cooperative teacher retain all rights and privileges for job openings for which the other teachers are qualified and as granted by the collective bargaining agreement in effect at the participating school corporation or, if no provisions of a collective bargaining agreement govern the rights and privileges, by the policy of the governing body, including provisions governing layoffs and recall.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(e).]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-12. Rights and Privileges of Laid-Off Teacher

Sec. 12. If:
(1) a teacher loses the teacher's job in a special education cooperative due to:
(A) a reduction in services of;
(B) a reorganization of;
(C) the discontinuance of; or
(D) a withdrawal in whole or in part of a participating school corporation from;
the special education cooperative; and
(2) the teacher is employed by a participating school corporation as described in section 11 of this chapter;
the teacher retains the rights and privileges under IC 20-28-6, IC 20-28-7.5, IC 20-28-8, IC 20-28-9, and IC 20-28-10 that the teacher held at the time the teacher lost the job in the special education cooperative as described in subdivision (1).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(f).]
As added by P.L.1-2005, SEC.19. Amended by P.L.90-2011, SEC.49.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-13. Fiscal Accountability

Sec. 13. A special education cooperative may:
(1) be attached to a participating school corporation that has responsibility for administrative and financial controls; or
(2) establish a separate treasury with separate accounts.
If a special education cooperative is not attached to a participating school corporation, it must comply with the state board of accounts' approved forms and rules for fiscal accountability and is subject to audit by the state board of accounts.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(g).]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-14. Board of Managers

Sec. 14. A special education cooperative may be operated and managed and its budget determined by a board of managers. The board of managers consists of members as determined by agreement between the parties.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(g).]
As added by P.L.1-2005, SEC.19. Amended by P.L.38-2014, SEC.10.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-15. Meetings

Sec. 15. Meetings of the board of managers shall be held in accordance with IC 20-26-4-3.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(g).]
As added by P.L.1-2005, SEC.19. Amended by P.L.231-2005, SEC.47; P.L.1-2006, SEC.336.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-16. Organization

Sec. 16. The special education cooperative may be organized in accordance with IC 20-26-10 or IC 36-1-7.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-20(h).]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 5. Special Education Cooperatives › 20-35-5-17. Teachers; Discontinuance of Special Education Cooperative

Sec. 17. (a) A teacher who:
(1) has not retained a status as a semipermanent, permanent, or nonpermanent teacher with a participating school corporation; and
(2) loses the teacher's job in a special education cooperative because of a reduction in services or discontinuance of the cooperative;
shall be considered for any job opening for which the teacher is qualified that occurs in any of the participating school corporations in the school year immediately following the reduction in services or discontinuance of the cooperative.
(b) A teacher employed under this section has the same rights and privileges as teachers employed under IC 20-26-10-5 and IC 20-26-10-6.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-21.]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 6. General Provisions › 20-35-6-1. Notification to School Corporation of Preschool Children With Disabilities

Sec. 1. Before February 1 of each calendar year, a program for preschool children with disabilities that is supported by the division of family resources shall notify a school corporation of the numbers and disabling conditions of the children who are likely to enter into a program of special education in the school corporation in the immediately following school year.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-22.]
As added by P.L.1-2005, SEC.19. Amended by P.L.145-2006, SEC.153.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 6. General Provisions › 20-35-6-2. Contracts for Services; Payment of Costs; Rules

Sec. 2. (a) The secretary of education may contract with in-state or out-of-state public and private schools, state agencies, or child caring institutions (as defined in IC 12-7-2-29(1)) to pay, with any funds appropriated for this purpose, the excess costs of educating children of school age:
(1) who have been identified as eligible for special education services; and
(2) whose disability is of such intensity as to preclude achievement in the existing local public school setting.
The state shall pay the costs of the services that exceed the amount a school corporation is required to pay, as determined by the department under subsection (b).
(b) The department shall determine the amount a school corporation must pay before the state will pay excess costs described in subsection (a). At a minimum, school corporations shall pay their share of the total tuition costs for children with disabilities served under this section.
(c) The state board shall adopt rules under IC 4-22-2 necessary to implement this section.
(d) Money appropriated for the purposes of this section does not revert to the state general fund.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-19.]
As added by P.L.1-2005, SEC.19. Amended by P.L.43-2021, SEC.118; P.L.245-2023, SEC.12.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 6. General Provisions › 20-35-6-4. Decision Making Skills Addressed in Case Conference Committee; Notes

Sec. 4. (a) This section applies to a case conference committee for a student in grades 8 through 12.
(b) At a case conference committee meeting, the committee shall start addressing decision making skills, which shall include a discussion of supported decision making and other alternative options or programs for the student in lieu of the appointment of a guardian and whether these options are necessary. The case conference committee shall include in the individualized education program or a plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794 notes relating to the discussion of alternative options or programs.
As added by P.L.246-2023, SEC.39.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 7. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:
20-35-7-1formerly 20-1-6.1-120-35-7-2formerly 20-1-6.1-220-35-7-3formerly 20-1-6.1-3.120-35-7-4formerly 20-1-6.1-3.220-35-7-5formerly 20-1-6.1-520-35-7-6formerly 20-1-6.1-620-35-7-7formerly 20-1-6.1-720-35-7-8formerly 20-1-6.1-1320-35-7-9formerly 20-1-6.1-1720-35-7-10formerly 20-1-6.1-1820-35-7-11formerly 20-1-6.1-19.]
Repealed by P.L.233-2015, SEC.286.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 8. Transfer and Transportation of Students With Disabilities › 20-35-8-1. Transfer of Children With Disabilities; Transportation; Tuition

Sec. 1. (a) Except as provided in subsection (b), if a student with legal settlement in a school corporation is transferred to attend school in another school corporation because of a disability or multiple disabilities, the transferor corporation shall:
(1) either:
(A) provide; or
(B) pay for, in the amount determined under section 2 of this chapter;
any transportation that is necessary or feasible, as determined under section 2 of this chapter and the rules adopted by the state board; and
(2) pay transfer tuition for the student to the transferee corporation in accordance with IC 20-26-11.
(b) If the student attends a school operated through:
(1) a joint school service and supply program; or
(2) another cooperative program;
involving the school corporation of the student's legal settlement, transportation and other costs shall be made in amounts and at the times provided in the agreement or other arrangement made between the participating school corporations.
(c) Student data, including statewide assessment program testing scores, academic progress, grade level, and graduation date, for a student described in subsection (a) shall be included in determinations for the school corporation in which the student has legal settlement.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-18.1.]
As added by P.L.1-2005, SEC.19. Amended by P.L.229-2011, SEC.195; P.L.242-2017, SEC.47.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 8. Transfer and Transportation of Students With Disabilities › 20-35-8-2. Transportation for Individualized Education Program; Rules on Limitations; Liability for Costs; Transportation by Appropriate Vehicle

Sec. 2. (a) The state board shall adopt rules under IC 4-22-2 to establish limits on the amount of transportation that may be provided in the student's individualized education program. Unless otherwise specially shown to be essential by the child's individualized education program, in case of residency in a public or private facility, these rules must limit the transportation required by the student's individualized education program to the following:
(1) The student's first entrance and final departure each school year.
(2) Round trip transportation each school holiday period.
(3) Two (2) additional round trips each school year.
(b) If a student is a transfer student receiving special education in a public school, the state or school corporation responsible for the payment of transfer tuition under IC 20-26-11-1 through IC 20-26-11-4 shall pay the cost of transportation required by the student's individualized education program.
(c) If a student receives a special education:
(1) in a facility operated by:
(A) the Indiana department of health;
(B) the division of disability and rehabilitative services; or
(C) the division of mental health and addiction;
(2) at the Indiana School for the Blind and Visually Impaired; or
(3) at the Indiana School for the Deaf;
the school corporation in which the student has legal settlement shall pay the cost of transportation required by the student's individualized education program. However, if the student's legal settlement cannot be ascertained, the state board shall pay the cost of transportation required by the student's individualized education program.
(d) If a student is placed in a private facility under IC 20-35-6-2 in order to receive a special education because the student's school corporation cannot provide an appropriate special education program, the school corporation in which the student has legal settlement shall pay the cost of transportation required by the student's individualized education program. However, if the student's legal settlement cannot be ascertained, the state board shall pay the cost of transportation required by the student's individualized education program.
(e) A student's individualized education program may allow for the student's transportation by appropriate vehicle. The state board shall adopt rules under IC 4-22-2 governing transportation of students by appropriate vehicle.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6-18.2.]
As added by P.L.1-2005, SEC.19. Amended by P.L.231-2005, SEC.48; P.L.218-2005, SEC.82; P.L.2-2006, SEC.159; P.L.141-2006, SEC.102; P.L.1-2007, SEC.152; P.L.216-2021, SEC.33; P.L.56-2023, SEC.197.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 9. Reading and Writing Instruction for Blind Students › 20-35-9-1. "Blind Student"

Sec. 1. As used in this chapter, "blind student" has the meaning established under rules adopted under IC 4-22-2 by the state board for an individual:
(1) who:
(A) cannot successfully use vision as a primary and efficient method for learning; and
(B) exhibits such a low degree or amount of visual acuity or visual field that vision is not considered as a primary mode of learning; or
(2) who has a medically indicated prognosis of visual deterioration.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6.3-1.]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 9. Reading and Writing Instruction for Blind Students › 20-35-9-2. "Braille"

Sec. 2. As used in this chapter, "braille" means a tactually perceived system of reading and writing known as Standard English braille.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6.3-2.]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 9. Reading and Writing Instruction for Blind Students › 20-35-9-3. "Case Conference Committee"

Sec. 3. As used in this chapter, "case conference committee" means the group of individuals described in IC 20-18-2-9 who develop the individualized education program for each student with a disability (as defined in IC 20-35-1-8).
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6.3-3.]
As added by P.L.1-2005, SEC.19. Amended by P.L.233-2015, SEC.287.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 9. Reading and Writing Instruction for Blind Students › 20-35-9-4. "Individualized Education Program"

Sec. 4. As used in this chapter, "individualized education program" has the meaning set forth in IC 20-18-2-9.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6.3-4.]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 9. Reading and Writing Instruction for Blind Students › 20-35-9-5. Braille; Presumption Regarding Student Proficiency and Use in Instruction

Sec. 5. (a) In developing the individualized education program for a blind student, the presumption is that, with some exceptions, proficiency in braille reading and writing is essential for blind students to achieve satisfactory educational progress.
(b) This chapter does not require braille use or instruction if, in the course of developing a blind student's individualized education program, the student's case conference committee determines that another medium:
(1) is more appropriate and efficient in meeting the student's reading and writing needs; and
(2) allows the student to achieve in instructional activities commensurate with the student's potential.
(c) This chapter does not require the exclusive use of braille and the availability of other media may not preclude braille instruction if, in the determination of a blind student's case conference committee, braille is necessary for the student to achieve to the student's potential.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6.3-5.]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 9. Reading and Writing Instruction for Blind Students › 20-35-9-6. Literacy Assessment of Students

Sec. 6. (a) Each blind student shall undergo a literacy assessment under rules adopted under IC 4-22-2 by the state board to determine the student's present level of performance in reading and writing.
(b) The literacy assessment required by subsection (a) shall be administered by a certified teacher of individuals with a visual disability using criteria established by the state board.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6.3-6.]
As added by P.L.1-2005, SEC.19. Amended by P.L.99-2007, SEC.180.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 9. Reading and Writing Instruction for Blind Students › 20-35-9-7. Providing Braille Instruction

Sec. 7. If it is determined that braille instruction and use is appropriate for a student who is blind, the student shall be provided instruction by certified teachers of individuals with a visual disability in the frequency and intensity specified in the student's individualized education program.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6.3-7.]
As added by P.L.1-2005, SEC.19. Amended by P.L.99-2007, SEC.181.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 9. Reading and Writing Instruction for Blind Students › 20-35-9-8. Case Conference; Information Regarding Media Options

Sec. 8. As a part of the case conference committee deliberations for a blind student, the case conference committee shall make available to the student and the student's parents information regarding all the potential reading and writing media options, including the availability of braille.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6.3-8.]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 9. Reading and Writing Instruction for Blind Students › 20-35-9-9. Rule Adoption

Sec. 9. The state board shall adopt rules under IC 4-22-2 to implement this chapter.
[Pre-2005 Elementary and Secondary Education Recodification Citation: 20-1-6.3-9.]
As added by P.L.1-2005, SEC.19.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 10. Repealed

[Pre-2005 Elementary and Secondary Education Recodification Citations:
20-35-10-1formerly 20-1-6.2-120-35-10-2formerly 20-1-6.2-320-35-10-3formerly 20-1-6.2-420-35-10-4formerly 20-1-6.2-620-35-10-5formerly 20-1-6.2-720-35-10-6formerly 20-1-6.2-820-35-10-7formerly 20-1-6.2-920-35-10-8formerly 20-1-6.2-1020-35-10-9formerly 20-1-6.2-1120-35-10-10formerly 20-1-6.2-12.]
Repealed by P.L.233-2015, SEC.288.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 11. Center for Deaf and Hard of Hearing Education › 20-35-11-3. Center for Deaf and Hard of Hearing Education; Establishment; Purpose

Sec. 3. (a) The center for deaf and hard of hearing education is established.
(b) The purpose of this article is to support parental choice, including the full continuum of communication options (including American sign language, other forms of sign language, cued speech, listening and spoken language (oral), or any combination of these skills).
As added by P.L.109-2012, SEC.16.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 11. Center for Deaf and Hard of Hearing Education › 20-35-11-4. Duties

Sec. 4. The center shall carry out the following duties in an unbiased manner to ensure that children who are deaf and children who are hard of hearing acquire optimal language skills and academic abilities, regardless of the mode of communication used:
(1) Monitoring and tracking the identification, early intervention, education, and successful transitions of children who are deaf and hard of hearing from birth through twenty-one (21) years of age and who are enrolled or preparing to enroll in early intervention services, preschool, elementary, or secondary school.
(2) Developing student learning opportunities.
(3) Providing family support.
(4) Developing child assessment service models, consistent with federal and state early childhood intervention and special education law, for the following:
(A) Audiological assessments.
(B) Social and developmental assessments.
(C) Communication (including language) assessments.
(D) Academic achievement assessments.
(5) Providing technical assistance related to classroom instruction, acoustics, and other environmental aspects.
(6) Assisting professionals who provide students with sign language interpreting, oral interpreting, cued speech transliteration, and captioning services.
(7) Providing consultation to school corporations in providing services to students who are deaf and students who are hard of hearing.
(8) Acting as a liaison with all state agencies that provide services to individuals who are deaf and hard of hearing, including the department of education, the Indiana department of health, the family and social services administration, and the Indiana School for the Deaf.
As added by P.L.109-2012, SEC.16. Amended by P.L.56-2023, SEC.198; P.L.147-2023, SEC.33.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-1. Applicability

Sec. 1. This chapter applies to children who are:
(1) less than eleven (11) years of age; and
(2) deaf or hard of hearing.
As added by P.L.260-2019, SEC.1. Amended by P.L.133-2020, SEC.5.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-2. "Advisory Committee"

Sec. 2. As used in this chapter, "advisory committee" refers to the advisory committee appointed by the director of the center under section 10 of this chapter.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-3. "Amplification Device"

Sec. 3. As used in this chapter, "amplification device" means:
(1) a hearing aid;
(2) a cochlear implant;
(3) a bone anchored hearing device;
(4) a direct microphone system; or
(5) any combination of the aids, implants, devices, or systems described in subdivisions (1) through (4).
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-5. "Center"

Sec. 5. As used in this chapter, "center" refers to the center for deaf and hard of hearing education established by IC 20-35-11-3.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-6. "Deaf or Hard of Hearing"

Sec. 6. As used in this chapter, "deaf or hard of hearing", which may be referred to as a hearing impairment, means the following:
(1) A disability that, with or without the use of an amplification device, adversely affects the student's:
(A) ability to use hearing for developing language and learning;
(B) educational performance; and
(C) developmental progress.
(2) The hearing loss may be:
(A) permanent or fluctuating;
(B) mild to profound; or
(C) unilateral or bilateral.
(3) Students who are deaf or hard of hearing may use:
(A) spoken language;
(B) sign language; or
(C) a combination of spoken language and signed systems.
(4) Students who are deaf or hard of hearing who may have:
(A) an individualized family service plan;
(B) an individualized education program;
(C) a plan developed under Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. 794;
(D) a service plan;
(E) a choice special education plan; or
(F) no educational plan or program.
As added by P.L.260-2019, SEC.1. Amended by P.L.143-2022, SEC.51.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-7. "English"

Sec. 7. As used in this chapter, "English" means:
(1) spoken English;
(2) written English; or
(3) English with the use of visual supplements.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-8. "Language Developmental Milestones"

Sec. 8. As used in this chapter, "language developmental milestones" means milestones of development aligned with applicable state standards.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-9. "Office of the Secretary"

Sec. 9. As used in this chapter, "office of the secretary" refers to the office of the secretary of family and social services established by IC 12-8-1.5-1, its offices, or divisions.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-10. Appointment of Advisory Committee; Membership

Sec. 10. (a) The director of the center shall appoint an advisory committee to assist and advise the center as described in section 11 of this chapter.
(b) The advisory committee consists of individuals who have an expertise in, and a knowledge of, issues concerning the education of children in Indiana who are deaf or hard of hearing.
(c) The director of the center shall do the following:
(1) Determine the number of persons to serve on the advisory committee.
(2) Ensure that the membership of the advisory committee includes a balanced representation of deaf or hard of hearing perspectives that comprises of the following:
(A) Individuals who have expertise in the assessment and instruction of one (1) or more of the following:
(i) ASL.
(ii) Listening and spoken language.
(iii) English with visual supports.
(iv) Literacy.
(B) Parents of children who are deaf or hard of hearing.
(3) Appoint a chairperson or co-chairpersons for the advisory committee.
(4) Establish policies and procedures under which the advisory committee must operate.
(d) If a vacancy occurs on the advisory committee, the director of the center may appoint an individual to fill the vacancy.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-11. Advisory Committee; Assist and Advise Center

Sec. 11. The advisory committee shall advise and assist the center in:
(1) selecting language developmental milestones from applicable standardized norms to be included in the parent resource described in section 14 of this chapter;
(2) approving tools and assessments under this chapter for the assessment of children who are deaf or hard of hearing; and
(3) developing and preparing the parent resource described in section 14 of this chapter.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-12. Establish List of Language Developmental Milestones; Provide List and Information to Advisory Committee

Sec. 12. Not later than March 1, 2020, the center shall:
(1) establish a list of language developmental milestones that:
(A) are, as applicable, aligned to the center's guidelines for infant, toddler, and preschool assessments;
(B) are aligned to the applicable instrument used to assess the development of children with disabilities under federal law;
(C) are aligned with applicable state standards in English language arts; and
(D) are based on applicable standardized norms; and
(2) provide to the advisory committee the following:
(A) The list of language developmental milestones established under subdivision (1).
(B) Any relevant information regarding the language developmental milestones on the list provided under clause (A).
As added by P.L.260-2019, SEC.1. Amended by P.L.156-2020, SEC.80.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-13. Advisory Committee Duties

Sec. 13. (a) The advisory committee shall:
(1) review the list of language developmental milestones and relevant information provided by the center under section 12 of this chapter;
(2) collaborate with experts in:
(A) selecting, for recommendation to the center, the language developmental milestones for inclusion in the parent resource described in section 14 of this chapter; and
(B) approving, for recommendation to the center, tools and assessments for children who are deaf or hard of hearing that are equivalent to tools and assessments for children who are not deaf or hard of hearing; and
(3) not later than June 1, 2020, provide to the center the following:
(A) A list of the language developmental milestones that the advisory committee recommends that the center include in the parent resource described in section 14 of this chapter.
(B) A list of the tools and assessments for children who are deaf or hard of hearing that the advisory committee recommends the center approve under section 15 of this chapter.
(b) The advisory committee shall, at least once every five (5) years, conduct a review of the language developmental milestones selected and tools and assessments approved by the center under sections 14 and 15 of this chapter.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-15. Approval of Tools and Assessments; Requirements

Sec. 15. (a) Not later than July 1, 2020, the center shall approve applicable tools and assessments to assess, as applicable, the spoken English, written English, or ASL development of children who are:
(1) less than eleven (11) years of age; and
(2) deaf or hard of hearing.
(b) The tools and assessments approved under subsection (a) must meet the following requirements:
(1) Be presented in a form that shows the stages of language development.
(2) Be selected to track the following for deaf or hard of hearing children:
(A) The development of expressive and receptive language acquisition.
(B) The developmental stages toward English literacy.
(3) Be selected from applicable instruments, tools, or assessments used to assess the development of all children who are less than eleven (11) years of age.
(4) Be appropriate, in both content and administration, for use with children who are deaf or hard of hearing.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-16. Office of the Secretary; Administration of Assessment

Sec. 16. Subject to section 18 of this chapter, the office of the secretary may administer annually to a child who is:
(1) less than three (3) years of age; and
(2) deaf or hard of hearing;
at least one (1) of the assessments approved by the center under section 15 of this chapter.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-17. School Corporation; Administration of Assessment

Sec. 17. Subject to section 18 of this chapter, each school corporation may administer annually to a child who:
(1) is at least three (3) years of age and less than eleven (11) years of age;
(2) is deaf or hard of hearing; and
(3) has legal settlement in the school corporation;
at least one (1) of the assessments approved by the center under section 15 of this chapter.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-18. Opting Out of Administration of Assessment

Sec. 18. (a) A parent of a child who is deaf or hard of hearing may opt the child out of the administration of the annual assessment required under section 16 or 17 of this chapter. To opt out of an annual assessment required under this chapter, a parent of a child who is deaf or hard of hearing must provide, in writing, to the office of the secretary or the school corporation, whichever is applicable, the parent's intent to opt out of the annual assessment for the child.
(b) The office of the secretary and a school corporation is not required to administer an annual assessment to a child who is deaf or hard of hearing under this chapter if the parent provides, in writing, to the office of the secretary or the school corporation, whichever is applicable, the parent's intent to opt out of the annual assessment.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-19. Training and Technical Assistance by the Center

Sec. 19. Beginning July 1, 2020, the center may, upon request, provide training and technical assistance to:
(1) the office of the secretary;
(2) school corporations; and
(3) other service providers involved in the assessment process of children who are deaf or hard of hearing;
concerning the use and administration of the tools and assessments approved under section 15 of this chapter. The training must include, as applicable, best practices on the appropriate use of amplification devices and visual supports during the assessments.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-20. Results of Administration of Tools or Assessments; Provision to Center

Sec. 20. Subject to any applicable federal laws, the office of the secretary and each school corporation shall provide to the center the results of all tools and assessments administered to a child in accordance with this chapter.
As added by P.L.260-2019, SEC.1. Amended by P.L.143-2022, SEC.52.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-21. Annual Report; Posted; Data

Sec. 21. (a) Before August 1, 2020, and before August 1 of each year thereafter, the center shall:
(1) prepare a report using data that is submitted under this chapter; and
(2) post the report on the center's Internet web site.
The report may not include any data that identifies an individual child.
(b) The report prepared under subsection (a) must include data that considers the language and English literacy development of children who are:
(1) less than eleven (11) years of age; and
(2) deaf or hard of hearing;
in relation to the children's peers who are not deaf or hard of hearing.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 12. Language Development for Children Who Are Deaf or Hard of Hearing › 20-35-12-22. Implementation; Compliance With Laws

Sec. 22. The center shall implement the requirements of this chapter in accordance with federal law regarding the:
(1) education of children with disabilities; and
(2) privacy of student information.
As added by P.L.260-2019, SEC.1.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 13. Auditory-Verbal Accelerated Education Program › 20-35-13-1. "Auditory-Verbal Accelerated Education Program"

Sec. 1. As used in this chapter, "auditory-verbal accelerated education program" means a specialized program:
(1) that:
(A) relies solely on; and
(B) develops;
listening skills;
(2) that uses an implant or assistive hearing device for the purpose of relying on speech and spoken language skills as the method of communication; and
(3) that uses faculty and supervisors certified as listening and spoken language specialists each day the child is in attendance.
As added by P.L.201-2023, SEC.179.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 13. Auditory-Verbal Accelerated Education Program › 20-35-13-2. "Deaf or Hard of Hearing"

Sec. 2. As used in this chapter, "deaf or hard of hearing" has the meaning set forth in 511 IAC 7-41-4.
As added by P.L.201-2023, SEC.179.
2023 Indiana Code › Title 20. Education › Article 35. Special Education › Chapter 13. Auditory-Verbal Accelerated Education Program › 20-35-13-3. Eligibility for Program

Sec. 3. (a) A child who is deaf or hard of hearing and who meets the requirements described in subsection (b) may enroll in an auditory-verbal accelerated education program for the development of listening and spoken language skills to prepare the child for enrollment in school.
(b) To participate in the auditory-verbal accelerated education program, the child must:
(1) have received an implant or assistive hearing device;
(2) be at least three (3) years of age and, except as provided in subsection (c), less than seven (7) years of age; and
(3) be a resident of Indiana.
(c) A child described in subsection (b) may participate in the program until the earlier of the following:
(1) The completion of grade 2.
(2) The completion of the school year in which the child becomes seven (7) years of age.
As added by P.L.201-2023, SEC.179.