reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-74 - "Physical education" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 74.
(a)
				"Physical education" means the development of the following:
(1) Physical and motor fitness.
(2) Fundamental motor skills and
				patterns.
(3) Skills in the
				following:
(A) Aquatics.
(B) Dance.
(C) Individual and group games and sports
				(including intramural and lifetime sports).
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-75 - "Print instructional materials" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 75.
"Print instructional materials" means printed textbooks and
				  related core materials that are:
(1)
				written and published primarily for use in elementary school and secondary
				school instruction; and
(2)
				required by the department of education or a public agency for use by students
				in the classroom.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-76 - "Progress monitoring" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 76.
"Progress monitoring" means a systematic procedure for the
				  frequent and repeated collection and analysis of student performance data.
				  Academic or functional performance, or both academic and functional
				  performance, is monitored over time to evaluate the effectiveness of
				  instruction and intervention.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-77 - "Public agency" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 77.
"Public agency" means any public entity that is responsible
				  for providing special education and related services, including the following:
(1) Public school corporations
				operating programs individually or cooperatively.
(2) Charter schools that are not part of a
				public school corporation.
(3)
				Programs operated by the state department of health.
(4) The Indiana School for the Blind and
				Visually Impaired.
(5) The Indiana
				School for the Deaf.
(6) Programs
				operated by the department of correction.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-78 - "Qualified professional" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 78.
"Qualified professional" means one who has met state
				  certification, licensing, registration, or other comparable requirements that
				  apply to the area in which the individual is providing special education or
				  related services.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-79 - "Related services" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 79.
(a) "Related
				services" means transportation and such developmental, corrective, and other
				supportive services as are required to assist a student with a disability to
				benefit from special education. Examples of related services are described in
				511 IAC
				7-43-1.
(b) The term does not include:
(1) a medical device that is surgically
				implanted;
(2) the optimization of
				that device's functioning (such as mapping of a cochlear implant);
(3) maintenance of that device; or
(4) the replacement of that device.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-80 - "Resolution meeting" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 80.
"Resolution meeting" means a meeting that is convened by the
				  public agency when a parent requests a due process hearing. The purpose of the
				  meeting is for the parent to discuss the due process hearing request and the
				  facts that form the basis of the request so that the public agency has the
				  opportunity to resolve the dispute. Resolution meetings must be conducted
				  according to
				  511 IAC
				  7-45-6.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-82 - "Secondary school" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 82.
"Secondary school" means a high school, which is any
				  combination of grades 9, 10, 11, or 12.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-83 - "Serious bodily injury" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 83.
"Serious bodily injury" has the meaning given the term
				  "serious bodily injury" under
				  18 U.S.C.
				  1365(h)(3). The term means
				  bodily injury that involves:
(1) a
				substantial risk of death;
(2)
				extreme physical pain;
(3)
				protracted and obvious disfigurement; or
(4) protracted loss or impairment of the
				function of a bodily member, organ, or mental faculty.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-84 - "Service plan" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 84.
"Service plan" means the written document that describes the
				  specific special education and related services the public agency will provide
				  to a parentally-placed nonpublic school student with a disability. The plan
				  must:
(1) be developed and implemented
				in accordance with 511 IAC 7-34; and
(2) include the location of the services and
				any transportation that is necessary for the student to receive
				services.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-85 - "Social interaction skills" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 85.
"Social interaction skills" means a student's personal
				  interactions across social situations and environments.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-86 - "Special education" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 86.
"Special education" means specially designed instruction, at
				  no cost to the parent, designed to meet the unique needs of a student eligible
				  for special education and related services under this article. The term may
				  include, but is not limited to, the following:
(1) Instruction conducted in:
(A) the classroom;
(B) the home;
(C) hospitals and institutions; and
(D) other settings.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-87 - "Special education planning district" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 87.
"Special education planning district" means the public school
				  administrative unit responsible for the provision of special education and
				  related services in a specified geographic area. A planning district may be:
(1) an individual public school
				corporation; or
(2) two (2) or more
				public school corporations that operate under a written agreement.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-88 - "Specially designed instruction" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 88.
"Specially designed instruction" means adapting, as
				  appropriate to the needs of a student who is eligible for special education and
				  related services, the content, methodology, or delivery of instruction to:
(1) address the unique needs of the
				student that result from the student's disability; and
(2) ensure the student's access to the
				general curriculum so that the student can meet the educational standards
				within the jurisdiction of the public agency that apply to all
				students.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-89 - "State educational agency" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 89.
"State educational agency" means the department of education.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-90 - "Student" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 90.
"Student" means any person three (3) years of age through the
				  school year in which the person becomes twenty-two (22) years of age, unless a
				  CCC determines that a student will leave school earlier, who has been:
(1) formally referred for an educational
				evaluation to determine the nature and extent of a suspected disability, but
				not yet determined eligible for special education and related services;
				or
(2) determined eligible for
				special education and related services under this article.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-91 - "Student of legal age" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35; IC 29-3
Sec. 91.
"Student of legal age" means a student who has:
(1) reached eighteen (18) years of age;
				and
(2) not had a guardian
				appointed by a court under IC 29-3.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-92 - "Student with a disability" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 92.
(a) "Student
				with a disability" means a student who has been evaluated in accordance with
				this article and determined eligible for special education and related services
				by a CCC.
(b) If, after an
				appropriate educational evaluation, it is determined that a student has one (1)
				of the disabilities identified in 511 IAC 7-41, and the CCC determines that the
				student needs a related service, but not special education, the student is not
				a student with a disability.
(c) If
				a parent revokes consent for special education and related services in
				accordance with
				511
				IAC 7-42-15, the student is no longer a student with a
				disability.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-93 - "Student with a print disability" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 93.
"Student with a print disability" means a student served
				  under this article who may qualify to receive print instructional materials, as
				  defined in section 75 of this rule, in accessible formats in accordance with
				  the act entitled "An act to provide books for adult blind",
				  2 U.S.C.
				  135 a.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-93.5 - "Student with the most significant cognitive disability" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 93.5.
"Student with the most significant cognitive disability"
				  means a student:
(1) who falls within
				one (1) or more of the existing categories of disability identified in
				511 IAC 7-41; and
(2) whose cognitive impairments and adaptive
				behavior may prevent them from attaining grade level and age appropriate
				achievement standards, even with substantial adaptations and modifications of
				instruction.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-94 - "Summary of performance" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 94.
"Summary of performance" refers to the written plan required
				  under
				  511 IAC
				  7-43-7 and
				  511 IAC
				  7-40-3(h). The plan:
(1) provides a student with a summary of the
				student's academic achievement and functional performance; and
(2) includes recommendations on how to assist
				the student in meeting the student's postsecondary goals.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-95 - "Supplementary aids and services" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 95.
"Supplementary aids and services" means aids, services, and
				  other supports that are provided in:
(1) general education classes;
(2) other education-related settings;
				and
(3) extracurricular and
				nonacademic settings;
to enable students with disabilities to be educated with
				  nondisabled peers to the maximum extent appropriate in accordance with
				  511
				  IAC 7-42-10.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-96 - "Systematic observation" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 96.
"Systematic observation" means an observation that is
				  conducted to measure specific, well-defined behaviors using structured
				  recording procedures.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-97 - "Teacher of record" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 97.
"Teacher of record" refers to the single special education
				  teacher to whom a student with a disability is assigned. Each student with a
				  disability must have a teacher of record identified. The teacher of record may
				  be the teacher of service and must be appropriately licensed to work with the
				  student or, where appropriate state licensure is not available, appropriately
				  trained. The teacher of record shall do the following:
(1) Provide direct or indirect services to
				the student according to the student's IEP.
(2) Participate in the CCC meeting as the
				student's teacher to assist in developing measurable goals, benchmarks, and
				objectives to meet the student's needs.
(3) Regularly monitor the implementation of
				the student's IEP and provide progress reports to the student's
				parent.
(4) Ensure the student's
				IEP is accessible to each of the:
(A)
				student's teachers;
(B) related
				services providers; and
(C) other
				services providers;
who are responsible for implementation of the IEP.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-98 - "Teacher of service" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 98.
"Teacher of service" means any teacher providing services to
				  a student with a disability.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-99 - "Transition planning" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 99.
"Transition planning" means the process of transitioning a
				  child from Part C (early intervention) to Part B (early childhood) that occurs
				  prior to the child's third birthday to enable the child to experience a smooth
				  and effective transition. The transition planning process is initiated by the
				  Part C service coordinator, bringing together public agencies and the family to
				  plan a process that maximizes continuity and minimizes disruptions in services.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-100 - "Transition services" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 100.
(a)
				"Transition services" means a coordinated set of activities for a student with
				a disability that:
(1) are designed to be
				within a results-oriented process that is focused on improving the academic and
				functional achievement of the student with a disability;
(2) are incorporated into the student's
				transition IEP in accordance with
				511 IAC
				7-43-4; and
(3) facilitate movement from school to
				postschool activities, including, but not limited to:
(A) postsecondary education;
(B) vocational education or training, or
				both;
(C) integrated employment,
				including supported employment;
(D)
				continuing and adult education;
(E)
				adult services;
(F) independent
				living; or
(G) community
				participation.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-101 - "Travel training" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 101.
"Travel training" means providing instruction, as
				  appropriate, to a student with a significant cognitive disability, and any
				  other student with disability who requires the instruction, to enable the
				  student to do the following:
(1)
				Develop an awareness of the environment in which the student lives.
(2) Learn the skills necessary to move
				effectively and safely from place to place within that environment, including,
				but not limited to, the following:
(A) In
				school.
(B) In the home.
(C) At work.
(D) In the community.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-102 - "Universal design" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 102.
"Universal design" means a concept or philosophy for
				  designing and delivering products and services that are usable by people with
				  the widest possible range of functional capabilities, which include products
				  and services that are:
(1) directly
				accessible, without requiring assistive technologies; and
(2) interoperable with assistive
				technologies.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-103.5 - "Virtual instruction" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16; IC 20-43-1-34
Affected: IC 20-19-2; IC 20-35; IC 20-43-1-34
Sec. 103.5.
"Virtual instruction" has the meaning set forth in IC
				  20-43-1-34.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-104 - "Vocational education" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 104.
"Vocational education" means organized educational programs
				  that are directly related to the preparation of individuals for paid or unpaid
				  employment, or for additional preparation for a career requiring other than a
				  bachelor's or advanced degree.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-105 - "Ward of the state" defined

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 105.
"Ward of the state" refers to the student who has been
				  removed from the student's home for suspected or actual neglect or abuse, and
				  the court has issued an order restricting or terminating the rights of the
				  student's parent.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 32 - Definitions › Section 32-106 - "Weapon" defined

Current through July 10, 2024
Authority: IC
				  20-19-2-8;
				  IC
				  20-19-2-16
Affected: IC 20-19-2; IC 20-35; IC 35-31.5-2-86; IC
				  35-47-1-5
Sec. 106.
"Weapon" means:
(1)
				"dangerous weapon" under
				18
				U.S.C. 930(g)(2), which
				means:
(A) a weapon;
(B) a device;
(C) an instrument;
(D) a material; or
(E) a substance; animate or inanimate, that
				is used for, or is readily capable of, causing death or serious bodily injury,
				except that the term does not include a pocketknife with a blade of less than
				two and one-half (2 1/2) inches in length;
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 33 - General Provisions › Section 33-1 - Scope

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-18-2-9; IC 20-19-2; IC 20-35
Sec. 1.
(a) This
				article applies to all special education programs provided for students at
				least three (3) years of age through the school year in which students become
				twenty-two (22) years of age, unless a CCC determines that a student will leave
				school earlier.
(b) The department
				of education, division of special education is the state educational agency
				responsible for the general supervision of all special education programs, as
				specified in IC 20-18-2-9 and IC 20-35.
(c) This article applies to all programs and
				services subject to the supervision of the state educational agency, including
				those programs conducted by or through the following:
(1) Public school corporations.
(2) Charter schools.
(3) Special education planning
				districts.
(4) State
				agencies.
(5) Other public
				agencies.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 33 - General Provisions › Section 33-2 - Public schools' special education programs; organizational and administrative structures

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-26-10; IC 20-35-5; IC
				  36-1-7
Sec. 2.
(a) Public
				school corporations, charter schools, and other public agencies shall provide a
				free appropriate public education to students who:
(1) are at least three (3) years of age
				through the school year in which students become twenty-two (22) years of age,
				unless a CCC determines that a student will leave school earlier;
(2) are identified as disabled under this
				article, including students who:
(A) are
				advancing from grade to grade; or
(B) have been suspended or expelled from
				school to the extent required by
				511 IAC
				7-44-1 and
				511 IAC
				7-44-2;
(3) have not completed high school graduation
				requirements and received a high school diploma as defined in
				511 IAC
				6-7.1-1(e); and
(4) are not parentally-placed in a nonpublic
				school.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 33 - General Provisions › Section 33-3 - Other public agencies' special education programs; state level interagency agreements

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 3.
(a) The
				provisions of this article pertaining to student identification, eligibility,
				evaluation, and placement procedures as well as the provision of a free
				appropriate public education, including all due process and procedural
				safeguards, apply to special education programs conducted by, or under the
				jurisdiction of, the following:
(1) The
				Indiana state department of health.
(2) The family and social services
				administration, including, but not limited to, the following:
(A) The division of disability and
				rehabilitative services.
(B) The
				division of mental health and addiction.
(3) The department of child
				services.
(4) The department of
				correction.
(5) The Indiana School
				for the Blind and Visually Impaired.
(6) The Indiana School for the
				Deaf.
(7) Any public or private
				agency providing special education programs for students referred by:
(A) a public school corporation;
(B) a charter school;
(C) the division of special education;
				or
(D) any other public
				agency.
(8) Any other
				public agency that contracts with any of the agencies in subdivisions (1)
				through (6) to provide special education.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 33 - General Provisions › Section 33-4 - Use of public and private insurance proceeds

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 4.
(a) A public
				agency may use Medicaid or other public benefits or insurance programs in which
				a student participates to provide or pay for services required under this
				article, as permitted under the public benefits or insurance program. With
				regard to services required to provide a free appropriate public education to a
				student with a disability under this article, the public agency may not:
(1) require a parent to:
(A) sign up for or enroll in public benefits
				or insurance programs in order for the student to receive a free appropriate
				public education; or
(B) incur an
				out-of-pocket expense, such as the payment of a deductible or copay amount
				incurred in filing a claim for services provided, but may pay the cost that the
				parent otherwise would be required to pay; or
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-1 - Special education and related services for parentally-placed students in nonpublic schools

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 1.
(a) As used
				in this rule, "Part B funds" means funds under Part B of the Individuals with
				Disabilities Education Act, 20 U.S.C. 1400 et seq.
(b) This section and sections 2 through 9 of
				this rule apply to parentally-placed nonpublic students with disabilities,
				including students who reside outside of the state.
(c) This section and sections 2 through 9 of
				this rule do not apply to the following:
(1)
				Students three (3) years of age through five (5) years of age, unless the
				student has been unilaterally enrolled by his or her parent in a nonpublic
				school that meets the definition of an elementary school in
				511 IAC 7-32-33.
(2) Students with disabilities who have been
				placed in or referred to a nonpublic school by a public
				agency.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-2 - Child find

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 2.
(a) The
				activities undertaken to carry out child find responsibilities for nonpublic
				school students with disabilities must be as follows:
(1) Comparable to activities undertaken for
				students with disabilities in public schools.
(2) Completed in a time period comparable to
				that for students attending public schools in the public agency. Public
				agencies may not delay conducting child find activities, including individual
				evaluations and reevaluations, until after child find activities for public
				school students are conducted.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-3 - Educational evaluations for parentally-placed nonpublic school students attending nonpublic schools outside the school corporation of legal settlement

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 3.
(a) All
				students who are determined eligible for special education and related services
				have the right to be offered a free appropriate public education from their
				school corporation of legal settlement. After a student's school corporation of
				legal settlement has made an offer of a FAPE available to the student, if the
				student's parent or a student of legal age makes clear his or her intent to
				decline the offer and attend a nonpublic school, the student's school
				corporation of legal settlement is not obligated to develop an IEP for the
				student for the following year or any year thereafter until the parent
				expresses an intent to enroll the student in their school corporation of legal
				settlement, except as required by rule 50
[511 IAC
				7-50]
for a student with an education
				scholarship account.
(b) If a
				student who attends a nonpublic school that is outside of the student's school
				corporation of legal settlement is referred to the public agency where the
				nonpublic school is located for an educational evaluation, the public agency
				must conduct the evaluation in accordance with the procedures and timelines set
				forth in 511 IAC 7-40, unless the public
				agency documents the following:
(1) The public
				agency explained the following:
(A) The
				concept of a free appropriate public education to the student's
				parent.
(B) That the parent has the
				right to obtain an offer of a free appropriate public education from the school
				corporation of legal settlement.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-4 - Consultation with nonpublic school representatives and representatives of parents

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 4.
(a) During
				the design and development of special education and related services for
				parentally-placed students with disabilities attending nonpublic schools, each
				public agency must consult with the following:
(1) Nonpublic school representatives from the
				nonpublic schools located in the geographic boundaries of the public
				agency.
(2) Representatives of
				parents of students with disabilities in nonpublic schools.
(3) Representatives of virtual nonpublic
				schools that have students with disabilities who have legal settlement within
				the geographic boundaries of
[sic, the]
public agency. The
				virtual nonpublic school shall notify the school corporation of legal
				settlement of each of its students with disabilities so that the nonpublic
				school will be included in the consultation process.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-5 - Decisions regarding services provided by the public agency and service plans

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 5.
(a) After
				consulting with nonpublic school representatives and representatives of parents
				as described in section 4 of this rule, the public agency must make final
				decisions with respect to the services that will be provided to nonpublic
				school students with disabilities.
(b) If the public agency, when making final
				decisions in subsection (a), disagrees with the views of the nonpublic school
				officials on the provision of services or the types of services, whether
				provided directly or through a contract, the public agency must provide to the
				nonpublic school officials a written explanation of the reasons why the public
				agency chose not to accept the recommendations of the nonpublic school
				officials.
(c) For each
				parentally-placed student in a nonpublic school that has been determined
				eligible to receive special education and related services from the public
				agency, the public agency must initiate and conduct a CCC meeting to develop or
				review and revise a service plan. A service plan must describe the specific
				special education and related services that the public agency will provide to
				the student in light of the services that the public agency has determined,
				through the consultation process described in section 3
[section
				4]
of this rule, it will make available to parentally-placed nonpublic
				school students with disabilities. The public agency must obtain written
				consent from the parent before the initial provision of special education
				services. If the student previously received special education, the public
				agency must implement the proposed service plan unless:
(1) the parent specifically declines the
				services;
(2) the student has
				received a choice scholarship and the parent has elected to have the choice
				school provide special education and related services; or
(3) the student has an education scholarship
				account, and the parent has declined the service plan and elected to arrange
				for the provision of special education and related services as identified in
				the education scholarship account education service plan developed under rule
				50 of this article
[511 IAC 7-50]
.
A CCC meeting required under this subsection must be
				  initiated and conducted at least annually for parentally-placed students with
				  disabilities who are receiving services from the public school under a service
				  plan.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-6 - Due process hearings and complaints

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 6.
(a) The
				procedures for mediation in
				511 IAC 7-45-2 and the procedures
				for due process hearings and appeals in
				511 IAC 7-45-3 through
				511 IAC 7-45-11 are not available
				to resolve disputes regarding the requirements set forth in this rule, rule 49
[511 IAC 7-49]
, or rule
				50
[511 IAC 7-50]
, unless
				the dispute concerns one (1) of the following issues:
(1) Child find.
(2) The appropriateness of an evaluation or
				reevaluation.
(3) The determination
				of eligibility for special education and related services.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-7 - Requirements pertaining to Part B funds

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 7.
(a) A public
				agency must do the following:
(1) Offer
				services to each student who is:
(A) eligible
				to receive special education and related services; and
(B) parentally-placed by his or her parent in
				a nonpublic school within the boundaries of the public agency. Public agencies
				may use state funds and Part B funds to provide services under this
				rule.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-8 - Requirements pertaining to services, location of services, and transportation

Current through July 10, 2024
Authority: IC
				  20-19-2-8;
				  IC
				  20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 8.
(a) Special
				education and related services provided by a public agency to parentally-placed
				nonpublic school students, including materials and equipment, must be:
(1) secular;
(2) neutral; and
(3) nonideological.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-9 - Property, equipment, and supplies for the benefit of nonpublic school students

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 9.
(a) The
				public agency must hold title to and exercise continuing administrative control
				of all:
(1) property;
(2) equipment; and
(3) supplies;
the public agency acquires with Part B funds for the benefit
				  of nonpublic school students with disabilities.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 34 - Nonpublic Schools › Section 34-10 - Reimbursement for parent's unilateral enrollment of a student in a nonpublic school when the public agency's provision of a free appropriate public education is in dispute

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 10.
(a) This
				section does not require the public agency to pay the cost of education,
				including special education and related services, of a student with a
				disability at a nonpublic school if the:
(1)
				public agency made a free appropriate public education available to the
				student; and
(2) parent elected to
				place the student in a nonpublic school.
However, the public agency must include the student in the
				  population whose needs are addressed in sections 1 through 9 of this
				  rule.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 35 - Program Planning and Evaluation › Section 35-1 - Program monitoring

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 1.
(a) The
				division of special education shall monitor all public agencies that receive
				federal or state monies for special education to ensure compliance with and
				implementation of the requirements of federal and state laws, rules,
				regulations, and policies regarding the provision of:
(1) programs;
(2) services;
(3) protections; and
(4) a free appropriate public education; to
				all students with disabilities in Indiana.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 35 - Program Planning and Evaluation › Section 35-2 - Supports for public agency personnel

Current through July 10, 2024
Authority: IC
				  20-19-2-8; IC
				  20-19-2-16
Affected: IC
				  20-19-2; IC 20-35
Sec. 2.
Each public agency must carry out activities to ensure that
				  public agency personnel are:
(1) fully
				informed about their respective responsibilities for implementing this article;
				and
(2) provided with technical
				assistance and training necessary to assist them in this effort.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-1 - Parent and community participation

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 1.
A public agency is encouraged to establish, or support the
				  establishment of, a parent advisory council, committee, task force, or group.
				  The public agency's goals for a parent group may include, but are not limited
				  to, the following:
(1) Supporting
				student and family membership in the school community.
(2) Inviting parents of students with
				disabilities to participate on school decision making committees.
(3) Fostering effective communication with
				families focused on student learning and developing.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-2 - Special education program personnel

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 2.
(a) All
				personnel employed or contracted by a public agency to provide special
				education or related services must be appropriately licensed or certified and
				must have the content knowledge and skills necessary to provide the services
				for which the individual is employed or contracted in accordance with standards
				established by the department of education's office of educator licensing or
				other applicable licensing and certification bodies.
(b) Special education teachers who teach in
				public elementary and secondary schools must meet the requirements of
				subsection (a).
(c) Related
				services personnel who deliver services in their discipline:
(1) must meet the requirements of subsection
				(a); and
(2) may not have
				certification or licensure requirements waived on:
(A) an emergency;
(B) a temporary; or
(C) a provisional; basis.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-3 - Special education teachers

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-33
Sec. 3.
(a) A
				special education teacher who teaches in a public elementary, middle, junior
				high, or high school in the state must meet the following requirements:
(1) The teacher has obtained full state
				licensure as a special education teacher, including licensure obtained through
				an alternative route, as described in subsection (b), or passed the state
				special education teacher licensing examinations and holds a license to teach
				in the state as a special education teacher, except that when used with respect
				to any teacher teaching in a public charter school, the teacher must meet the
				certification or licensing requirements, if any, set forth in the state's
				public charter school law.
(2) The
				teacher has not had special education licensure requirements waived on an
				emergency, temporary, or provisional basis.
(3) The teacher holds at least a bachelor's
				degree.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-3.5 - Policy and rule of construction

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-33
Sec. 3.5.
(a) The
				public agency must take measurable steps to recruit, hire, train, and retain
				personnel who meet the applicable requirements described in sections 2 and 3 of
				this rule to provide special education and related services under this article
				to children with disabilities.
(b)
				Notwithstanding any other individual right of action that a parent or student
				may maintain under this article, nothing in this article shall be construed to:
(1) create a right of action on behalf of an
				individual student or class of students for the failure of a public agency
				employee to meet the requirements described in subsection (a); or
(2) prevent a parent from filing a complaint
				about staff qualifications with the division of special education under
				511 IAC
				7-45-1.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-4 - Elementary and secondary instructional day; school calendar; extended school year services

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 4.
(a) The
				length of the instructional day for elementary and secondary students with
				disabilities shall be the same as the instructional day for nondisabled
				elementary and secondary students, respectively, in the same school building,
				unless the CCC:
(1) determines the length of
				the student's instructional day should be different; and
(2) documents the justification in the
				written notice described in
				511
				IAC 7-42-7.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-5 - Early childhood

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 5.
(a) The
				length and frequency of the instructional day for early childhood students with
				disabilities, who are three (3) years of age through five (5) years of age, but
				not eligible for kindergarten, shall be based on the developmental and
				educational needs as determined by the student's CCC. A public agency may not
				unilaterally limit the length and frequency of the instructional day based on
				categories of:
(1) disability;
(2) age of students; or
(3) administrative convenience.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-6 - Facilities

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-34-3-20; IC 20-35
Sec. 6.
(a) The
				public agency shall provide instructional space for students with disabilities
				that is:
(1) not less than the per student
				instructional space for general education students of the same chronological
				age in the same building;
(2)
				comparable to the general space and instructional environment of the general
				education students in the same building; and
(3) sufficient to accommodate a student's:
(A) special equipment;
(B) assistive devices; or
(C) curricular needs.
Indiana Administrative Code › Title 511 - INDIANA STATE BOARD OF EDUCATION › Article 7 - SPECIAL EDUCATION › Rule 36 - General Administration of Programs › Section 36-7 - Instructional curricula, materials, equipment, and assistive technology devices and services

Current through July 10, 2024
Authority: IC 20-19-2-8; IC 20-19-2-16
Affected: IC 20-19-2; IC 20-35
Sec. 7.
(a) Each
				student shall be involved in and progress in the general education curriculum,
				to the maximum extent feasible, as determined by the student's CCC. The public
				agency may supplement the general education curriculum with modified programs
				of instruction or curriculum that align to state academic standards and related
				functional skills to be achieved.
(b) The public agency shall provide to
				students with disabilities instructional materials and supplies comparable to
				those provided to nondisabled students.
(c) A student's CCC must determine whether
				the student needs instructional materials, including print instructional
				materials as defined in
				511 IAC
				7-32-75, in an accessible format.
(d) For purposes of this section, "accessible
				format" means an alternate approach to presenting information to a student with
				a disability. Accessible formats may be purchased ready for use by students
				with disabilities, developed for use by students with disabilities, or modified
				from existing materials in accordance with federal and state copyright laws.
				Accessible formats include, but are not limited to, the following:
(1) Braille.
(2) Audio.
(3) Digital text.
(4) Large type.
(5) Tactile graphics.
(6) Video.
(7) Captions.
(8) Audio descriptions.