reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 3 - SCHOOL SCHOLARSHIP PROGRAM › Rule 1 - School Eligibility › Section 1-3 - Reporting requirements; scholarship granting organization; department

Current through July 10, 2024
Authority: IC
				  20-51-3-11
Affected: IC 4-21.5; IC
				  6-3.1-30.5; IC
				  6-8.1-2-1; IC 20-51
Sec. 3.
(a) In
				addition to the requirements under IC
				20-51-3-1 and for purposes of
				permitting the department to conduct a financial review or an audit under IC
				20-51-3-10, a scholarship granting
				organization must maintain the following information for each student who
				applies for a scholarship:
(1) The student's
				name and address.
(2) The name and
				address of the parents of the student.
(3) The eligible participating school the
				student will attend.
(4) The
				student's date of birth.
(5) The
				student's grade level.
(6) The
				family income.
(7) Any other basis
				for qualifying for a scholarship, including previous scholarships or
				requirements of the scholarship granting organization.
(8) For a student who is denied a
				scholarship, the reason for denial.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-24; IC 20-51
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Applicant" means an individual who has
				completed a choice scholarship application at an eligible school.
(c) "Choice scholarship" means the award to
				an eligible choice scholarship student as determined by IC 20-51-4 for payment
				of educational services provided by an eligible school.
(d) "Choice scholarship program" refers to
				the scholarship program created by IC 20-51-4.
(e) "Department" means the department of
				education established by IC
				20-19-3-1.
(f) "Dual enrollment" refers to an individual
				who is enrolled in a public school and a nonpublic school and receives
				instructional services from both a public school and the nonpublic
				school.
(g) "Eligible choice
				scholarship student" means an individual who meets the requirements of IC
				20-51-1-4.3
				and this rule.
(h) "Eligible
				school" means a school that meets the requirements of IC
				20-51-1-4.7
				and this rule.
(i) "Sibling" means
				one (1) of two (2) or more individuals having one (1) or both parents,
				guardians, or custodians in common. The term does not require a consanguineous
				relationship between the individuals.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-2 - Eligible school requirements

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-31-8-3;
				  IC 20-32-5; IC 20-51
Sec. 2.
(a) The
				department shall establish and make available all necessary application forms
				and procedures for a school to become an eligible school.
(b) To become an eligible school, the school
				must do the following:
(1) Satisfy all of the
				requirements of IC
				20-51-1-4.7.
(2) Annually submit a completed application
				in accordance with the procedures established by the department.
(3) Agree to comply with all assurances
				listed on the application established by the department.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-3 - Eligible choice scholarship student requirements

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-51
Sec. 3.
(a) To become
				an eligible choice scholarship student, the applicant must do the following:
(1) Satisfy all of the requirements of IC
				20-51-1-4.3.
(2) Submit a completed application at an
				eligible school in accordance with this rule and any procedures established and
				published by the department.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-3.1 - Determination of eligibility

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-51
Sec. 3.1.
(a) The
				department shall establish and make available all necessary forms and
				procedures for applying for a choice scholarship.
(b) The eligible school is responsible for
				determining whether an applicant meets eligibility guidelines to qualify for a
				choice scholarship.
(c) To be
				eligible for a choice scholarship, the applicant must satisfy all of the
				requirements of IC
				20-51-1-4.3.
(d) If the eligible school determines that an
				applicant is eligible to receive a choice scholarship, the eligible school must
				complete the application for the student and submit the application through the
				department's choice application portal for processing. The application process
				begins once the eligible school submits the applicant's choice scholarship
				application.
(e) An eligible school
				may not refuse to assist an applicant with making application for a choice
				scholarship unless the eligible school would otherwise not accept the student
				for enrollment for other reasons not related to the choice scholarship
				program.
(f) A choice scholarship
				application must be complete and contain all required information before an
				eligibility determination can be made.
(g) If an applicant for a choice scholarship
				is deemed eligible and the application approved, the applicant will receive
				notice of the approval from the eligible school via the department's
				application portal. The notice will also include the estimated amount of the
				eligible choice scholarship student's choice scholarship.
(h) If an applicant for a choice scholarship
				is deemed ineligible and the application denied, the applicant will receive
				notice of the denial from the eligible school via the department's application
				portal. The notice will include:
(1) the
				reason for the determination of ineligibility; and
(2) the process by which the applicant may
				appeal the determination of ineligibility if the denial
				occurs.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-3.2 - Eligible school tuition and fees

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-33-5-9;
				  IC 20-51
Sec. 3.2.
(a) It is
				the intent of this rule that an eligible choice scholarship student be charged
				the same tuition and fees, and receive the same discounts and reductions of
				tuition, as a similarly situated nonchoice scholarship student attending the
				same eligible school.
(b) An
				eligible school must have an established tuition and fees policy in place at
				the time the school makes application to the department to become an eligible
				school.
(c) Tuition and fees may
				only include the costs a student would otherwise be obligated to pay to the
				eligible school absent a choice scholarship award.
(d) An eligible school may not charge
				eligible choice scholarship students tuition and fees that are in amounts that
				differ from what the eligible school charges similarly situated nonchoice
				scholarship students.
(e) Eligible
				schools must first apply all tuition and fee discounts and the eligible
				school's financial aid that the eligible choice scholarship student, or a
				similarly situated nonchoice scholarship student, would have otherwise received
				absent a choice scholarship before determining the amount of tuition for
				purposes of the choice application.
(f) An eligible school may not include the
				costs of special education or related services in the tuition and fees amount
				entered on a choice scholarship application.
(g) Eligible schools that include textbook
				fees in the tuition and fees amount entered on their choice scholarship
				applications may not file a claim for textbook reimbursement under IC
				20-33-5-9
				for eligible choice scholarship students.
(h) Eligible schools must proportionally
				reduce the tuition and fee amount entered on a choice scholarship student's
				application for an eligible choice scholarship student who is dual enrolled at
				a public school and at an eligible school.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-3.3 - Determination of scholarship amount

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-51
Sec. 3.3.
(a) The
				department will initially determine an estimated amount of an eligible choice
				scholarship student's choice scholarship and will provide notice of the amount
				in the manner described in section 3.1 of this rule.
(b) The amount determined initially by the
				department will only be an estimate based on the information provided to the
				department at the time of application.
(c) After the close of the application window
				and the receipt of all data necessary to determine the eligible choice
				scholarship student's choice scholarship individual award by the department,
				the department will determine a final amount of an eligible choice scholarship
				student's choice scholarship in accordance with IC
				20-51-4-4
				and provide notice of the same through the department's application
				portal.
(d) The choice scholarship
				amount for an eligible choice scholarship student may be adjusted
				proportionally if the final award differs from the estimated award
				amount.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-4 - Scholarship distributions

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-51-1; IC
				  20-51-4-1
Sec. 4.
(a) The
				department will distribute the choice scholarship funds in no less than two (2)
				distributions each fiscal year.
(b)
				Prior to distribution of the choice scholarship, the parent or guardian of the
				eligible choice scholarship student and the eligible school providing
				educational services to the eligible choice scholarship student must endorse
				the distribution on the department's form and in accordance with the process
				established by the department.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-5 - Prorated scholarships

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-51-1; IC
				  20-51-4-1
Sec. 5.
(a) If
				information provided to the department on an application for a choice
				scholarship is inaccurate, incorrect, or false, the department may:
(1) determine the student not eligible and
				rescind the award;
(2) modify the
				award based on corrected information; or
(3) require the eligible school to refund to
				the department a portion of the choice scholarship amount after notice and an
				opportunity for the school to respond.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-7 - Review of department's imposition of consequences, determination of ineligibility, or termination

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-31-8-3;
				  IC 20-32-5
Sec. 7.
(a) Prior to
				suspending or terminating a school's eligibility, the department shall provide
				written notice to the eligible school. The written notice shall include the
				following:
(1) The nature of the noncompliance
				or reason for suspending or terminating eligibility.
(2) The corrective action the school must
				take in order to maintain eligibility.
(3) The deadline for the corrective action to
				be implemented.
(4) The
				consequences for failing to take the corrective action by the established
				deadline.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 4 - CHOICE SCHOLARSHIP PROGRAM › Rule 1 - School Choice Scholarship › Section 1-8 - Correspondence, record keeping, and document retention

Current through July 10, 2024
Authority: IC
				  20-51-4-7
Affected: IC 6-3.1-30.5; IC
				  20-18-2-13; IC
				  20-18-2-16;
				  IC
				  20-19-2-2; IC
				  20-19-3-1; IC
				  20-31-8-3;
				  IC 20-32-5
Sec. 8.
(a) An
				eligible school is required to keep and maintain the application and copies of
				all supporting documentation for every eligible choice scholarship student who
				receives a choice scholarship and who is enrolled at the eligible school during
				the school year.
(b) The
				application and supporting documentation shall be kept in the eligible choice
				scholarship student's record at the eligible school and are subject to review
				by the department.
(c) All
				applications and supporting documentation must be retained by the eligible
				school and maintained in the eligible choice scholarship student's record for a
				period of three (3) school years.
(d) An eligible school is not required to
				retain the application or supporting documentation for an applicant who is
				determined not to be eligible for a choice scholarship or who does not enroll
				at the eligible school.
(e) Only
				choice scholarship applications completed at an eligible school where the
				eligible choice scholarship student intends to enroll will be accepted by the
				department.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 1 - Applicability › Section 1-1 - Applicability to schools

Current through July 10, 2024
Authority: IC
				  20-19-6.2-2
Affected: IC
				  20-19-2-8;
				  IC 20-19-6.2
Sec. 1.
The provisions in this article apply only to public schools,
				  including charter schools, and nonpublic schools voluntarily accredited under
				  IC
				  20-19-2-8
				  that voluntarily participate in the program.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 2 - Definitions › Section 2-1 - Definitions

Current through July 10, 2024
Authority: IC
				  20-19-6.2-2
Affected: IC 20-18-2; IC
				  20-19-2-8;
				  IC
				  20-19-6.2-1
Sec. 1.
The following definitions apply throughout this
				  article:
(1) "Department" has the
				meaning set forth in IC
				20-18-2-3.
(2) "Parent" has the meaning set forth in IC
				20-18-2-13.
(3) "Principal" has the meaning set forth in
				IC
				20-18-2-14.
(4) "Program" refers to the Indiana family
				friendly school designation program, as established by IC
				20-19-6.2-1.
(5) "School" means all public schools,
				including charter schools, and nonpublic schools that voluntarily become
				accredited under IC
				20-19-2-8.
(6) "School year" has the meaning set forth
				in IC
				20-18-2-17.
(7) "State board" has the meaning set forth
				in IC
				20-18-2-19.
(8) "Teacher" means a professional person
				whose position in a school corporation, charter school, or nonpublic school
				that voluntarily becomes accredited under IC
				20-19-2-8
				requires certain educational preparation and licensing, and whose primary
				responsiliby
[sic]
is the instruction of students.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 3 - Purpose › Section 3-1 - Purpose

Current through July 10, 2024
Authority: IC
				  20-19-6.2-2
Affected: IC 20-19-6.2
Sec. 1.
The purpose of the program is to focus on addressing
				  the:
(1) academic;
(2) physical;
(3) emotional; and
(4) social; needs of students while providing
				the needed resources and fostering the active engagement of families through
				schools and the community.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 4 - Application to the Program › Section 4-1 - Application process

Current through July 10, 2024
Authority: IC
				  20-19-6.2-2
Affected: IC 20-19-6.2
Sec. 1.
(a) A school
				may voluntarily request from the department an assessment for the purpose of
				evaluating and improving family engagement in the school.
(b) The principal of a school that wishes to
				be designated as a family friendly school shall submit to the department an
				application for assessment no later than August 1 of each year in order to be
				evaluated and receive a designation level. Applications received after this
				date will not be considered until the next review cycle in the subsequent
				school year.
(c) The department
				shall make the application form available on its website.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 5 - Evaluation and Designation of Schools › Section 5-1 - Evaluation

Current through July 10, 2024
Authority: IC 20-19-6.2-2
Affected: IC 20-19-6.2
Sec. 1.
(a) The
				department shall evaluate the family engagement at any school that voluntarily
				requests and applies for an assessment. The evaluation shall be completed
				during the school year after the school's application is submitted.
(b) The department shall develop a rubric to:
(1) evaluate family engagement at a school;
				and
(2) determine the school's
				designation under the program.
The rubric shall incorporate the results of surveys
				  administered to teachers, students, and parents, and the results of at least
				  one (1) on-site visit to the school.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 5 - Evaluation and Designation of Schools › Section 5-2 - Designation

Current through July 10, 2024
Authority: IC
				  20-19-6.2-2
Affected: IC 20-19-6.2
Sec. 2.
(a) The
				department shall deem any school that applies for an assessment, completes the
				evaluation process, and is determined to be "excelling" under subsection (b) of
				this section as an Indiana family friendly school.
(b) The department shall determine the
				designation level of all schools that apply to the program. The designation
				level shall be based solely upon the rubric developed under section 1 of this
				rule. The department shall designate a school as one (1) of the following:
(1) Emerging.
(2) Progressing.
(3) Excelling.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 6 - Annual Assessment and Reporting Requirements › Section 6-1 - Reporting requirements

Current through July 10, 2024
Authority: IC
				  20-19-6.2-2
Affected: IC 20-19-6.2
Sec. 1.
No later than April 1 of each year, a school that wishes to
				  renew its designation and participation in the program shall report the
				  following information to the department:
(1) Documentation demonstrating the quality
				of family engagement and implementation of the program at the school.
(2) Surveys of teachers, students, and
				parents, as developed by the department.
(3) Additional evidence of effective family
				friendly school practices and activities.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 6 - Annual Assessment and Reporting Requirements › Section 6-2 - Annual assessment

Current through July 10, 2024
Authority: IC
				  20-19-6.2-2
Affected: IC 20-19-6.2
Sec. 2.
(a) The
				department shall conduct an annual assessment of each school's family friendly
				program. The assessment shall be based on the report submitted by the school
				under section 1 of this rule and shall determine whether a school has improved,
				maintained, or fallen below its designation level.
(1) If a school has improved its designation
				level, the department shall do the following:
(A) Notify the school of its
				improvement.
(B) Present the
				information to the state board.
(C)
				Update the department's list of family friendly schools to reflect the improved
				designation level.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 6 - Annual Assessment and Reporting Requirements › Section 6-3 - Exiting the program

Current through July 10, 2024
Authority: IC
				  20-19-6.2-2
Affected: IC 20-19-6.2
Sec. 3.
Any school that no longer wishes to participate in the
				  program shall notify the department no later than April 1. The department shall
				  update the department's list of family friendly schools to reflect the school's
				  withdrawal from the program at the end of the school year during which the
				  department receives notice.
Indiana Administrative Code › Title 512 - DEPARTMENT OF EDUCATION › Article 5 - FAMILY FRIENDLY SCHOOLS PROGRAM › Rule 7 - Best Practices › Section 7-1 - Guidance

Current through July 10, 2024
Authority: IC
				  20-19-6.2-2
Affected: IC 20-19-6.2
Sec. 1.
The department shall make available to schools best
				  practices in developing family engagement and parental involvement in student
				  achievement. The best practices shall be posted on the department's website.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 0.5 - Preamble › Section 0.5-1 - Preamble

Current through July 10, 2024
Authority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40
Sec. 1.
(a) The
				purpose of this article is to:
(1) prevent and
				reduce the use of restraint and seclusion in schools;
(2) ensure the safety and dignity of all
				students and personnel in schools;
(3) promote a positive school culture and
				climate;
(4) protect students from:
(A) physical or mental abuse;
(B) aversive behavioral interventions that
				compromise health and safety; and
(C) any restraint or seclusion imposed solely
				for purposes of discipline or convenience;
(5) ensure that restraint and seclusion are
				imposed in school only when a student's behavior poses an imminent danger of
				physical injury to the student, school personnel, or others; and
(6) assist public, charter, and accredited
				nonpublic schools in:
(A) establishing
				policies and procedures to keep all students and school personnel safe,
				including students with the most complex and intensive behavioral
				needs;
(B) providing school
				personnel with the necessary tools, training, and support to ensure the safety
				of all students and all school personnel; and
(C) collecting and analyzing data on
				restraint and seclusion in schools, including data on the use of restraint and
				seclusion by school resource officers.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-2 - "Behavioral intervention plan" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC
				  20-18-2-9;
				  IC
				  20-35-7-2
Sec. 2.
(a)
				"Behavioral intervention plan" means a plan that is agreed upon by the case
				conference committee (as defined in IC
				20-35-7-2 )
				and incorporated into a student's IEP (as defined in IC
				20-18-2-9
				) and that describes the following:
(1) The
				pattern of behavior that impedes the student's learning or the learning of
				others.
(2) The purpose or function
				of the behavior as identified in a functional behavioral assessment.
(3) The positive interventions and supports,
				and other strategies, to:
(A) address the
				behavior; and
(B) maximize
				consistency of implementation across people and settings in which the student
				is involved.
(4) If
				applicable, the skills that will be taught and monitored in an effort to change
				a specific pattern of behavior of the student.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-3 - "Chemical restraint" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 3.
"Chemical restraint" means the administration of a drug or
				  medication to manage a student's behavior or restrict a student's freedom of
				  movement that is not a standard treatment or dosage, or both, for the student's
				  medical or psychiatric condition.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-4 - "Commission" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC
				  20-20-40-11
Sec. 4.
"Commission" refers to the commission on seclusion and
				  restraint in schools established by IC
				  20-20-40-11.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-5 - "Crisis intervention training" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 5.
"Crisis intervention training" refers to training provided to
				  selected staff members that addresses how to deal with aggressive, violent, or
				  out of control behaviors. The term includes specific techniques for seclusion
				  and restraint.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-6 - "Deescalation" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 6.
"Deescalation" means causing a situation to become more
				  controlled, calm, and less dangerous, thus lessening the risk for injury to
				  someone.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-7 - "Functional behavior assessment" defined

Current through July 10, 2024
Authority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40; IC 20-35
Sec. 7.
"Functional behavior assessment" has the meaning set forth in
				  511
				  IAC 7-32-41.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-8 - "Imminent" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 8.
"Imminent" means likely to happen right away, within a matter
				  of minutes.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-9 - "Individualized education program" or "IEP" defined

Current through July 10, 2024
Authority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40; IC 20-35
Sec. 9.
"Individualized education program" or "IEP" has the meaning
				  set forth in
				  511
				  IAC 7-32-48.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-10 - "Mechanical restraint" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 10.
(a)
				"Mechanical restraint" means the use of:
(1) a
				mechanical device;
(2) a material;
				or
(3) equipment;
attached or adjacent to a student's body that the student
				  cannot remove and that restricts the freedom of movement of all or part of the
				  student's body or restricts normal access to the student's body.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-11 - "Parent or guardian" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC
				  20-18-2-13
Sec. 11.
"Parent or guardian" has the same meaning set forth in IC
				  20-18-2-13.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-12 - "Physical restraint" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 12.
(a)
				"Physical restraint" means physical contact between a school employee,
				including a school resource officer (as defined in section 18.5 of this rule),
				and a student:
(1) in which the student
				unwillingly participates; and
(2)
				that involves the use of a manual hold to restrict freedom of movement of all
				or part of a student's body or to restrict normal access to the student's
				body.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-13 - "Positive behavior intervention and support" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 13.
"Positive behavior intervention and support" means a
				  systematic approach that:
(1) uses
				evidence based practices and data driven decision making to improve school
				climate and culture; and
(2)
				includes a range of systematic and individualized strategies to reinforce
				desired behavior and diminish reoccurrence of problem behavior;
to achieve improved academic and social outcomes and increase
				  learning for all students.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-14 - "Prevention and conflict deescalation training" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 14.
"Prevention and conflict deescalation training" means
				  training that is provided broadly to school staff on how to prevent, defuse,
				  and deescalate potential behavioral crisis situations without physical contact
				  between a school employee and a student.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-15 - "Prone physical restraint" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 15.
"Prone physical restraint" refers to when a person is being
				  held face down on a horizontal surface such as the floor.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-16 - "Restraint" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 16.
"Restraint" encompasses chemical restraint, physical
				  restraint, and mechanical restraint.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-17 - "School" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC
				  20-20-40-7
Sec. 17.
"School" includes public, charter, and accredited nonpublic
				  schools.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-18 - "School employee" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC
				  20-20-40-8
Sec. 18.
"School employee" means any paid staff, contract employee,
				  consultant, or any other agent of a school corporation, charter school, or an
				  accredited nonpublic school.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-18.5 - "School resource officer" defined

Current through July 10, 2024
Authority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40; IC 20-26-18.2-1
Sec. 18.5.
"School resource officer" has the meaning set forth in IC
				  20-26-18.2-1.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-19 - "Seclusion" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 19.
"Seclusion" means the confinement of a student alone in a
				  room or area from which the student physically is prevented from leaving. The
				  term does not include a supervised time-out or scheduled break, as described in
				  a student's IEP and during which an adult is continuously present in the room
				  with the student.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-20 - "Staff" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 20.
(a) "Staff"
				means any person, working within a school, who has regular and direct contact
				with students, including:
(1) a school
				employee;
(2) a
				volunteer;
(3) a contract
				employee;
(4) a
				consultant;
(5) a school resource
				officer or any law enforcement employed by a school or providing services
				through a school's subcontractor; or
(6) any other agent; of a school corporation,
				charter school, or an accredited nonpublic school.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-21 - "Substantial risk" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 21.
"Substantial risk" means a situation where there is:
(1) serious, imminent threat of bodily harm;
				and
(2) the immediate ability to
				enact such harm.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-22 - "Supine physical restraint" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 22.
"Supine physical restraint" refers to a person being held
				  face up on a horizontal surface such as the floor.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-23 - "Time-out" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 23.
"Time-out" means a behavior reduction procedure in which
				  access to reinforcement is withdrawn for a certain period of time. Time-out
				  occurs when the ability of a student to receive normal reinforcement in the
				  school environment is restricted.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 1 - Definitions › Section 1-24 - "Volunteer" defined

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 24.
"Volunteer" means a person who is eighteen (18) years of age
				  or older, has regular and direct contact with students, and donates time,
				  energy, or talent to various phases of school programs under the direction and
				  permission of school district personnel for which the person does not receive
				  monetary compensation.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-1 - Scope

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 1.
(a) This
				article applies to the following:
(1) All
				public school corporations, charter schools, or accredited nonpublic
				schools.
(2) All public school
				corporations, charter schools, or accredited nonpublic schools students
				regardless of whether student has been identified as eligible for special
				education services.
(3) All
				programs and services subject to the supervision of the state educational
				agency, including before and after school extracurricular activities programs
				conducted by or through the following:
(A)
				Public school corporations.
(B)
				Charter schools.
(C) Special
				education planning districts.
(D)
				State agencies.
(E) Other public
				agencies.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-2 - Commission's principles

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 2.
(a) Every
				effort should be made to prevent the need for the use of restraint and for the
				use of seclusion.
(b) Any
				behavioral intervention must be consistent with the student's rights to be
				treated with dignity and to be free from abuse.
(c) Policies restricting the use of restraint
				and seclusion should apply to all children, not just children with
				disabilities.
(d) Physical
				restraint or seclusion should not be used except in situations where the
				student's behavior poses imminent risk of injury to self or others and other
				interventions are ineffective and should be discontinued as soon as imminent
				risk of injury to self or others has dissipated.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-3 - Use of behavior intervention and support

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 3.
A school shall use prevention, positive behavior intervention
				  and support, and conflict deescalation strategies to eliminate or minimize the
				  need for the use of any of the following:
(1) Seclusion.
(2) Chemical restraint.
(3) Mechanical restraint.
(4) Physical restraint.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-4 - Prevention

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 4.
(a) Every
				effort shall be made to prevent the need for the use of restraint or for the
				use of seclusion on a student.
(b)
				Seclusion or physical restraint shall not be used except when used as a last
				resort in situations where:
(1) the student's
				behavior poses imminent risk of injury to self or others; and
(2) other less restrictive interventions are
				ineffective.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-5 - Mechanical and chemical restraints prohibited

Current through July 10, 2024
Authority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40
Sec. 5.
(a) Except
				as provided in subsection (d), the use of mechanical restraints to restrict a
				student's freedom of movement is prohibited.
(b) The use of any drug, medication, or other
				chemical to control behavior or restrict freedom of movement (except as
				authorized by a licensed physician or other qualified health care professional)
				is prohibited.
(c) Schools shall
				never give a student any drug or medication that is not a standard treatment or
				dosage, or both, for the student's medical or psychiatric condition unless
				otherwise prescribed by a physician.
(d) While transporting a student on a moving
				vehicle, a bus harness or other safety equipment may be required and is
				permissible for safety purposes. However, the use of any bus harness or safety
				equipment, as described in
				513 IAC
				1-1-10, that is used to restrain a student during
				transportation must be documented.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-6 - Training

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 6.
(a) Staff
				shall be trained according to the school's adopted plan on the appropriate use
				of effective alternatives to physical seclusion and restraint, such as positive
				behavioral interventions and supports, and, only for cases involving imminent
				risk of injury, on the safe use of physical seclusion and restraint.
(b) Each school shall identify appropriate
				school staff to be trained on the safe use of effective alternatives to
				physical seclusion and restraint. Recurrent training of staff should be done in
				accordance with the school's plan.
(c) Each school shall choose a training
				protocol that includes the following:
(1)
				Positive supports and behavioral interventions techniques.
(2) Conflict deescalation
				techniques.
(3) The safe use of
				seclusion and restraint.
(4) Steps
				to avoid the use of seclusion or restraint.
(5) Debriefing practices and
				procedures.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-7 - Monitoring and reporting

Current through July 10, 2024
Authority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40
Sec. 7.
(a) Every
				incident in which seclusion or restraint is used shall be carefully and
				continuously visually monitored to ensure the safety of the following:
(1) The student.
(2) Other students.
(3) Teachers.
(4) Staff.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-8 - Distribution of school seclusion and restraint policy or plan to parents and the public

Current through July 10, 2024
Authority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40
Sec. 8.
(a) Each
				school shall make available a copy of the school's seclusion and restraint plan
				to the student's parents or guardians, or to the student if the student is at
				least eighteen (18) years of age and the provisions of
				511 IAC 7-43-5(b)
				 do not apply.
(b) Including the location of the plan in the
				student handbook satisfies subsection (a).
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-9 - Incident documentation

Current through July 10, 2024
Authority: IC
				  20-20-40-13;
				  IC
				  20-20-40-16
Affected: IC 20-20-40
Sec. 9.
(a) Every
				incident in which seclusion or restraint is used on a student shall be
				documented in order to memorialize the events that led up to the use of either
				seclusion or restraint.
(b)
				Documentation may include the following:
(1)
				The student's name.
(2) The date
				and time of the incident.
(3) The
				duration of any seclusion or restraint or the beginning and ending times of the
				restraint or seclusion, or both.
(4) A description of any relevant events
				leading up to the incident.
(5) A
				description of the incident or student behavior that resulted in implementation
				of seclusion or restraint including a description of the danger of injury which
				resulted in the seclusion or restraint.
(6) A description of relevant interventions
				used immediately prior to the implementation of seclusion or
				restraint.
(7) A summary of the
				student's behavior during seclusion or restraint, including a description of
				the restraint technique or techniques used and any other interaction between
				the student and staff.
(8) A
				description of any injuries to students, staff, or others or property
				damage.
(9) A list of the school
				personnel who participated in the implementation, monitoring, and supervision
				of seclusion or restraint.
(10) If
				applicable, a statement that the intervention used was consistent with the
				student's most current behavioral intervention plan or IEP.
Indiana Administrative Code › Title 513 - COMMISSION ON SECLUSION AND RESTRAINT IN SCHOOLS › Article 1 - SECLUSION AND RESTRAINT IN SCHOOLS › Rule 2 - General Provisions › Section 2-10 - Debriefing session

Current through July 10, 2024
Authority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40
Sec. 10.
(a) As soon
				as practical, and consistent with the school's plan, after every instance in
				which seclusion or restraint is used on a student, the school administrator or
				designee shall do the following:
(1) Meet with
				at least one (1) school personnel who participated in the implementation,
				monitoring, and supervision of seclusion or restraint to discuss whether proper
				restraint or seclusion procedures were followed, including the use of proper
				procedures to prevent the need for restraint or seclusion.
(2) Direct a proper staff person, including
				the administrator himself or herself, to debrief the incident with the student
				in a manner appropriate to the student's age and developmental ability, to
				discuss the behavior or behaviors, if any, that precipitated the use of
				restraint or seclusion.
(3) In
				accordance with the school's plan, provide a copy of an incident report and
				offer the parent or parents or guardian or guardians the opportunity to request
				a meeting regarding the incident of restraint or seclusion.